| Chapter 242 |
| 2023 -- H 5710 SUBSTITUTE A Enacted 06/22/2023 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION--GENERAL PROVISIONS |
Introduced By: Representatives Corvese, Azzinaro, O'Brien, Noret, Biah, Costantino, and Lima |
| Date Introduced: February 17, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 28-29-17.1 of the General Laws in Chapter 28-29 entitled "Workers’ |
| Compensation — General Provisions" is hereby amended to read as follows: |
| 28-29-17.1. Notice of designation as independent contractor. |
| (a) A person will not be considered an “independent contractor” unless that person files a |
| notice of designation with the director, consistent with rules and regulations established by the |
| director, in writing, on a form or on a form capable of being filed electronically provided by the |
| director, that the person is an “independent contractor”. A person shall be required to file the form |
| annually, regardless of how many forms are filed. The filing of the notice of designation shall be a |
| presumption of “independent contractor” status but shall not preclude a finding of independent |
| contractor status by the court when the notice is not filed with the director. That designation shall |
| continue in force and effect unless the person withdraws that designation by filing a notice with the |
| director, in writing, on a form provided by the director, that the person is no longer an “independent |
| contractor”. Any designation or withdrawal of designation form shall be deemed public information |
| and the director shall furnish copies or make available electronically the forms and designations, |
| upon written request, to any employer or insurer or its authorized representative. |
| (b) The workers’ compensation court may, upon petition of an employee, the dependents |
| of a deceased employee, or any other party in interest at any time, vacate any “notice of |
| designation” if the “notice of designation” has been improperly procured. |
| (c) The provisions of subsections (a) and (b) of this section shall only apply to injuries |
| occurring on and after January 1, 2001. |
| (d) By April 1 of each year, the department of labor and training will send a list of all |
| individuals who have filed a designation form to the Rhode Island department of taxation. |
| SECTION 2. This act shall take effect on January 1, 2024. |
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| LC001535/SUB A/2 |
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