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2008 -- H 7746 | |
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LC01930 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2008 | |
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A N A C T | |
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RELATING TO WORKERS' COMPENSATION - ILLEGAL IMMIGRANTS | |
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Introduced By: Representative Joseph A. Trillo | |
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Date Introduced: February 26, 2008 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 28-29 of the General Laws entitled "Workers' Compensation - |
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General Provisions" is hereby amended by adding thereto the following section: |
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28-29-7.3. Exemption from workers' compensation - Illegal immigrants. -- Any |
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immigrant who has come to, entered or remained in the United States in violation of the law and |
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who is not authorized to work in the United States shall not be considered an employee under the |
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provisions of chapters 29-38 of this title. |
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SECTION 2. Section 28-36-13 of the General Laws in Chapter 28-36 entitled "Workers' |
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Compensation - Insurance" is hereby amended to read as follows: |
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28-36-13. Information furnished by insurers or self-insurers on request of director. - |
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- (a) Any employer, insurance company, self-insurer or group self-insurer insuring employers |
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against liability for personal injuries to employees shall fill out all blanks and answer all |
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questions submitted to it by the director, relating to classifications, premium rates, amount of |
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compensation paid, and any other information that the director may deem important either for the |
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proper administration of chapters 29 -- 38 of this title or for statistical purposes. The director shall |
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have the authority and the jurisdiction that may be necessary to carry out duties pursuant to the |
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provisions of this chapter, including with cause the power to subpoena. The director shall have |
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discretion to assess an administrative penalty of not more than two hundred fifty dollars ($250) |
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per offense against any employer, insurance company, self-insurer or group self-insurer that fails |
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to provide information requested by the director under this section. Any employer, insurance |
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company, self-insurer or group self-insurer that willfully fails to notify the director as required in |
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this section shall be subject to prosecution for a misdemeanor and upon conviction may be |
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punished by a fine of not more than two hundred fifty dollars ($250) for each offense. All |
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criminal actions for any violation of this section shall be prosecuted by the attorney general at the |
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request of the director. |
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(b) Any employer, insurance company, self-insurer or group self-insurer that willfully |
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fails to apply the proper classification based on a ruling of the classification appeals board or to |
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timely adjust incurred losses shall be subject to prosecution for a misdemeanor and upon |
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conviction may be punished by a fine of not more than two hundred fifty dollars ($250) for each |
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offense. All criminal actions for any violation of this section shall be prosecuted by the attorney |
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general at the request of the director. Additionally, the director shall have discretion to assess an |
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administrative penalty of not more than two hundred fifty dollars ($250) per offense against any |
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employer, insurance company, self-insurer or group self-insurer that violates this section. |
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(c) The director in his or her discretion, may bring a civil action to collect all penalties |
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assessed pursuant to this section. The workers' compensation court shall have jurisdiction to |
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enforce compliance with any order of the director made pursuant to this section. |
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(d) All fines or penalties collected pursuant to this section shall be deposited in the |
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general fund. |
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(e) Any insurer that denies a workers' compensation claim based upon section 28-29-7.3 |
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shall submit to the director all evidence utilized in making the determination. |
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SECTION 3. Chapter 28-36 of the General Laws entitled "Workers' Compensation - |
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Insurance" is hereby amended by adding thereto the following section: |
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28-36-15.1. Penalties - Employing an individual unauthorized to work in the United |
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States. – (a) Any employer of an individual who has a workers' compensation claim denied based |
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upon section 28-29-7.3 shall be subject to a penalty of five thousand dollars ($5,000), to be |
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deposited in the general fund. The penalty shall be waived in those instances in which the |
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employer can provide proof to the director that he or she had reason to believe that the individual |
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was authorized to work in the United States. |
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(b) Any disputes regarding the five thousand dollar ($5,000) penalty shall be heard by the |
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workers' compensation court. |
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SECTION 4. This act shall take effect upon passage. |
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LC01930 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO WORKERS' COMPENSATION - ILLEGAL IMMIGRANTS | |
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This act would exclude illegal immigrants who are not authorized to work in the United |
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States from coverage under the workers' compensation law. It would also impose a penalty of |
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$5,000 upon those employers who knowingly employ an unauthorized worker. |
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This act would take effect upon passage. |
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LC01930 | |
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