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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATIO N-- |
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| 16 | 16 | | GENERAL PROVISIONS |
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| 17 | 17 | | Introduced By: Representatives Corvese, Azzinaro, O'Brien, Noret, Biah, Costantino, and |
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| 18 | 18 | | Lima |
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| 19 | 19 | | Date Introduced: February 17, 2023 |
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| 20 | 20 | | Referred To: House Labor |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 28-29-17.1 of the General Laws in Chapter 28-29 entitled "Workers’ 1 |
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| 25 | 25 | | Compensation — General Provisions" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 28-29-17.1. Notice of designation as independent contractor. 3 |
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| 27 | 27 | | (a) A person will not be considered an “independent contractor” unless that person files a 4 |
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| 28 | 28 | | notice of designation with the director, consistent with rules and regulations established by the 5 |
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| 29 | | - | director, in writing, on a form or on a form capable of being filed electronically provided by the 6 |
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| 30 | | - | director, that the person is an “independent contractor”. A person shall be required to file the form 7 |
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| 31 | | - | annually, regardless of how many forms are filed. The filing of the notice of designation shall be a 8 |
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| 32 | | - | presumption of “independent contractor” status but shall not preclude a finding of independent 9 |
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| 33 | | - | contractor status by the court when the notice is not filed with the director. That designation shall 10 |
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| 34 | | - | continue in force and effect unless the person withdraws that designation by filing a notice with the 11 |
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| 35 | | - | director, in writing, on a form provided by the director, that the person is no longer an “independent 12 |
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| 36 | | - | contractor”. Any designation or withdrawal of designation form shall be deemed public information 13 |
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| 37 | | - | and the director shall furnish copies or make available electronically the forms and designations, 14 |
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| 38 | | - | upon written request, to any employer or insurer or its authorized representative. 15 |
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| 39 | | - | (b) The workers’ compensation court may, upon petition of an employee, the dependents 16 |
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| 40 | | - | of a deceased employee, or any other party in interest at any time, vacate any “notice of 17 |
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| 41 | | - | designation” if the “notice of designation” has been improperly procured. 18 |
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| 29 | + | director, in writing, on a form provided by the director, that the person is an “independent 6 |
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| 30 | + | contractor”. A person shall be required to file the form no later than January 31 of each year and 7 |
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| 31 | + | pay a fifty dollar ($50.00) yearly registration fee, regardless of how many forms are filed. The filing 8 |
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| 32 | + | of the notice of designation shall be a presumption of “independent contractor” status but shall not 9 |
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| 33 | + | preclude a finding of independent contractor status by the court when the notice is not filed with 10 |
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| 34 | + | the director. That designation shall continue in force and effect unless the person withdraws that 11 |
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| 35 | + | designation by filing a notice with the director, in writing, on a form provided by the director, that 12 |
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| 36 | + | the person is no longer an “independent contractor”. Any designation or withdrawal of designation 13 |
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| 37 | + | form shall be deemed public information and the director shall furnish copies or make available 14 |
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| 38 | + | electronically the forms and designations, upon written request, to any employer or insurer or its 15 |
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| 39 | + | authorized representative. 16 |
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| 40 | + | (b) The workers’ compensation court may, upon petition of an employee, the dependents 17 |
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| 41 | + | of a deceased employee, or any other party in interest at any time, vacate any “notice of 18 |
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| 44 | | - | LC001535/SUB A/2 - Page 2 of 3 |
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| 45 | | - | (c) The provisions of subsections (a) and (b) of this section shall only apply to injuries 1 |
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| 46 | | - | occurring on and after January 1, 2001. 2 |
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| 47 | | - | (d) By April 1 of each year, the department of labor and training will send a list of all 3 |
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| 48 | | - | individuals who have filed a designation form to the Rhode Island department of taxation. 4 |
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| 49 | | - | SECTION 2. This act shall take effect on January 1, 2024. 5 |
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| 44 | + | LC001535 - Page 2 of 3 |
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| 45 | + | designation” if the “notice of designation” has been improperly procured. 1 |
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| 46 | + | (c) The provisions of subsections (a) and (b) of this section shall only apply to injuries 2 |
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| 47 | + | occurring on and after January 1, 2001. 3 |
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| 48 | + | (d) By April 1 of each year, the department of labor and training will send a list of all 4 |
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| 49 | + | individuals who have filed a designation form to the Rhode Island department of revenue. 5 |
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| 50 | + | SECTION 2. This act shall take effect upon passage. 6 |
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