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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION--

GENERAL PROVISIONS

     

     Introduced By: Senators McKenney, Britto, F. Lombardi, Burke, Ciccone, and
LaMountain

     Date Introduced: February 16, 2023

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-29-17.1 of the General Laws in Chapter 28-29 entitled "Workers’

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Compensation — General Provisions" is hereby amended to read as follows:

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     28-29-17.1. Notice of designation as independent contractor.

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     (a) A person will not be considered an “independent contractor” unless that person files a

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notice of designation with the director, consistent with rules and regulations established by the

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director, in writing, on a form provided by the director, that the person is an “independent

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contractor”. A person shall be required to file the form no later than January 31 of each year and

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pay a fifty dollar ($50.00) yearly registration fee, regardless of how many forms are filed. The filing

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of the notice of designation shall be a presumption of “independent contractor” status but shall not

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preclude a finding of independent contractor status by the court when the notice is not filed with

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the director. That designation shall continue in force and effect unless the person withdraws that

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designation by filing a notice with the director, in writing, on a form provided by the director, that

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the person is no longer an “independent contractor”. Any designation or withdrawal of designation

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form shall be deemed public information and the director shall furnish copies or make available

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electronically the forms and designations, upon written request, to any employer or insurer or its

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authorized representative.

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     (b) The workers’ compensation court may, upon petition of an employee, the dependents

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of a deceased employee, or any other party in interest at any time, vacate any “notice of

 

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designation” if the “notice of designation” has been improperly procured.

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     (c) The provisions of subsections (a) and (b) of this section shall only apply to injuries

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occurring on and after January 1, 2001.

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     (d) By April 1 of each year, the department of labor and training will send a list of all

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individuals who have filed a designation form to the Rhode Island department of revenue.

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     SECTION 2. This act shall take effect on January 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION--

GENERAL PROVISIONS

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     This act would require that any person who is considered an independent contractor to file

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a designation form by January 31 of each year at a maximum cost of fifty dollars ($50.00),

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regardless of how many forms are filed and require the department of labor and training to provide

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a list of those independent contractors to the department of revenue by April 1 of each year.

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     This act would take effect on January 1, 2024.

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