2024 -- S 2472

========

LC004708

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

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

GENERAL PROVISIONS

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

     Date Introduced: February 12, 2024

     Referred To: Senate Labor

     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. [Effective January 1,

2024.]

     (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 annually, that the person is an “independent contractor”. A person shall be required to file

the form annually for each hiring entity that retains their services, 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

fails to submit an annual filing or 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) 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 division of taxation in the

department of taxation revenue.

     SECTION 2. This act shall take effect upon passage.

========

LC004708

========

LC004708 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

GENERAL PROVISIONS

***

     This act would amend the current law on workers' compensation to require any person who

is considered an independent contractor to file annually with the director of labor and training, a

form that would include every hiring entity that retains their services. The act would also remove

the requirement that the form be in writing.

     This act would take effect upon passage.

========

LC004708

========

LC004708 - Page 3 of 3