Chapter 243
2023 -- S 0427 SUBSTITUTE B
Enacted 06/22/2023

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

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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LC001486/SUB B
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