It is enacted by the General Assembly as follows:

SECTION 1. Chapter 28-29 of the general laws entitled "Workers' Compensation--General Provisions" is hereby amended by adding thereto the following section:

{ADD 28-29-7.1. Exemption from workers' compensation--Certain real estate persons. -- ADD} {ADD A licensed real estate broker or real estate salesperson or a licensed or certified real estate appraiser shall not be considered an employee under the provisions of this chapter, if substantially all of the remuneration for the services performed by such broker, salesperson or appraiser, whether paid in cash or otherwise, is directly related to sales or other output rather than to the number of hours worked, and such services are performed by the broker, salesperson or appraiser pursuant to a written contract that contains the following provisions:

(1) The broker, salesperson or appraiser, for purposes of workers' compensation, is engaged as an independent contractor associated with the person for whom services are performed;

(2) The broker or salesperson shall be paid a commission based on his/her gross sales, if any, without deduction for taxes, which commission shall be directly related to sales or other output;

(3) The broker, salesperson or appraiser shall not receive any remuneration related to the number of hours worked, and shall not be treated as an employee with respect to such services for the purposes of this chapter;

(4) The broker, salesperson or appraiser shall be permitted to work any hours he/she chooses;

(5) The broker, salesperson or appraiser shall be permitted to work out of his/her own home or the office of the person for whom services are performed;

(6) The broker, salesperson or appraiser shall be free to engage in outside employment;

(7) The person for whom the services are performed may provide office facilities and supplies for the use of the broker, salesperson or appraiser, but the broker, salesperson or appraiser shall otherwise pay his/her own expenses; and

(8) The broker, salesperson or appraiser shall execute and file with the director of the department of labor a certification of sole proprietor or partner status in a form prescribed or approved by the division of workers' comepensation. ADD}

SECTION 2. This act shall take effect upon passage.