reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-3.1. - Employees of certain governmental entities eligible by election.

§ 28-39-3.1. Employees of certain governmental entities eligible by election.
Notwithstanding any inconsistent provisions of chapters 39 — 41 of this title, a governmental entity that is a political subdivision or instrumentality of a political subdivision, or an instrumentality of more than one of them or any instrumentality of them and one or more other political subdivisions, may become subject to those chapters by election. The appropriate political subdivision may for itself or any pertinent instrumentality of it elect that all services performed by individuals or specific classes of individuals in its employ shall be deemed to constitute employment subject to these chapters with exceptions set forth in § 28-39-3.3; provided, that if the instrumentality pertains to more than one political subdivision, all those subdivisions shall be required to be parties to the election. Upon the approval of an election as provided in § 28-39-3.2, the governmental entity shall, for the purposes of these chapters, be deemed to be an employer of the individual or classes of individuals for whom the election is approved. Except as otherwise provided in this title, all other provisions of these chapters shall continue to be applicable in connection with the employment.
History of Section.
P.L. 1971, ch. 95, § 2; P.L. 1977, ch. 91, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-3.2. - Manner of election.

§ 28-39-3.2. Manner of election.
The election shall be made by submitting to the director a duly certified copy of a resolution or act of the legislative body of the political subdivision or subdivisions passed in accordance with their ordinances. Upon receipt of the certified copy of the resolution or act, the director shall specify the date as of which the governmental entity shall become subject to these provisions. Notwithstanding any provisions of chapters 39 — 41 of this title to the contrary, any political subdivision or subdivisions in this state may elect in accordance with these provisions that services performed by individuals for its highway department or department of public works, including full-time highway surveyors, whether or not those surveyors are elected, shall be deemed to be in employment.
History of Section.
P.L. 1971, ch. 95, § 2; P.L. 1977, ch. 91, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-3.3. - Exemptions from “employment.”

§ 28-39-3.3. Exemptions from “employment.”
For the purposes of §§ 28-39-3.1 and 28-39-3.2, “employment” does not include services performed by:
(1)
Elected officials;
(2)
Individuals on any work-relief project undertaken by governmental entities;
(3)
Members of the legislative body, or members of the judiciary of a political subdivision;
(4)
Employees serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or
(5)
Positions that, under or pursuant to the laws of this state, are designated as:
(i)
Major non-tenured policymaking or advisory positions; or
(ii)
Policymaking or advisory positions, the performance of the duties of which ordinarily does not require more than eight (8) hours per week.
History of Section.
P.L. 1971, ch. 95, § 2; P.L. 1974, ch. 262, § 3; P.L. 1977, ch. 91, § 5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-4. - Creation of fund — Sources.

§ 28-39-4. Creation of fund — Sources.
(a)
There is created the temporary disability insurance fund, to be administered by the director, without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:
(1)
All payments made subsequent to June 30, 1947, in accordance with § 28-39-29, and all payments of interest;
(2)
All moneys requisitioned from the unemployment trust fund and deposited into this fund;
(3)
All moneys that may be allocated to the fund from the temporary disability insurance reserve fund;
(4)
All property and securities acquired by and through the use of moneys belonging to the fund; and
(5)
Interest earned upon the moneys belonging to the fund.
(b)
All moneys in the fund shall be mingled and undivided.
History of Section.
P.L. 1942, ch. 1200, § 3; P.L. 1947, ch. 1923, art. 2, § 3; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-5. - Withdrawals from fund.

§ 28-39-5. Withdrawals from fund.
The temporary disability insurance fund shall be administered and used solely to pay benefits upon vouchers drawn on the fund by the director pursuant to regulations and no other disbursements shall be made from it except as provided in §§ 28-39-33, 28-39-34, and 28-40-6. Those regulations shall be governed by and be consistent with any applicable constitutional requirements, but the procedure prescribed by those rules shall be deemed to satisfy and shall be in lieu of any and all statutory requirements for specific appropriation or other formal release by state officers of state moneys prior to their expenditure that might otherwise be applicable to withdrawals from the fund.
History of Section.
P.L. 1942, ch. 1200, § 3; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-6. - Treasurer of fund.

§ 28-39-6. Treasurer of fund.
The general treasurer shall be custodian and treasurer of the fund and shall pay all vouchers duly authenticated and drawn upon the fund. He or she shall have custody of all moneys belonging to the fund and not otherwise held or deposited or invested pursuant to chapters 39 — 41 of this title. The general treasurer shall give bond conditioned on the faithful performance of his or her duties as custodian and treasurer of the fund, in a form prescribed by statute and approved by the attorney general, and in an amount specified by the director and approved by the governor. All premiums upon bonds required pursuant to this section when furnished by an authorized surety company or by a duly constituted governmental bonding fund shall be paid by the state from funds made available for that purpose by the general assembly. The general treasurer shall deposit the moneys in his or her custody subject to chapters 39 — 41 of this title. The general treasurer, as treasurer of the fund, shall assign any subordinates or employees to the department of labor and training that he or she deems necessary, and shall be paid out of funds made available to the department for administration purposes.
History of Section.
P.L. 1942, ch. 1200, § 3; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2810, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-6; P.L. 1994, ch. 427, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-7. - Creation of reserve fund — Sources.

§ 28-39-7. Creation of reserve fund — Sources.
(a)
There is created the temporary disability insurance reserve fund, to be administered in the manner subsequently prescribed in this chapter, without liability on the part of the state beyond the amounts paid into and earned by the reserve fund. This reserve fund shall consist of:
(1)
All contributions;
(2)
All penalties paid subsequent to June 30, 1947, pursuant to §§ 28-39-23 — 28-39-32 and §§ 28-40-1 — 28-40-8;
(3)
All other moneys paid into and received by the reserve fund;
(4)
Property and securities acquired by and through the use of moneys belonging to the reserve fund; and
(5)
Interest earned upon the moneys belonging to the reserve fund.
(b)
All moneys in the reserve fund shall be mingled and undivided.
History of Section.
P.L. 1942, ch. 1200, § 3A; P.L. 1947, ch. 1923, art. 2, § 4; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; G.L. 1956, § 28-39-7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-8. - Withdrawals from reserve fund.

§ 28-39-8. Withdrawals from reserve fund.
The reserve fund shall be administered and used in any manner that the general assembly shall from time to time prescribe for purposes designed to benefit individuals prevented by injury or sickness from performing their regular or customary work; provided, that any sums that may be requisitioned from the fund by the director, for the expenses of administering chapters 39 — 41 of this title, may be withdrawn from the reserve fund from time to time for the payment of those expenses in accordance with §§ 28-39-33 and 28-39-34. In the event that the balance in the temporary disability insurance fund at any time is insufficient to pay benefits under chapters 39 — 41 of this title, the governor, or the governor’s authorized representative, shall cause those sums that may be required for the payment of those benefits to be transferred from the temporary disability insurance reserve fund to the temporary disability insurance fund.
History of Section.
P.L. 1942, ch. 1200, § 3A; P.L. 1947, ch. 1923, art. 2, § 4; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-9; P.L. 1988, ch. 399, § 1; P.L. 1988, ch. 454, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-9. - Custodian of reserve fund.

§ 28-39-9. Custodian of reserve fund.
The general treasurer shall be custodian of the reserve fund, and shall pay all vouchers duly drawn upon the reserve fund and properly authenticated. He or she shall have custody of all moneys belonging to the reserve fund and not otherwise held or deposited or invested pursuant to chapters 39 — 41 of this title. The general treasurer shall give bond conditioned on the faithful performance of his or her duties as custodian of the fund, in a form prescribed by statute and approved by the attorney general, and in an amount specified by the director and approved by the governor. All premiums upon bonds required pursuant to this section when furnished by an authorized surety company or by a duly constituted governmental bonding fund shall be paid by the state from funds made available for that purpose by the general assembly.
History of Section.
P.L. 1942, ch. 1200, § 3A; P.L. 1947, ch. 1923, art. 2, § 4; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-9.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-10. - Responsibility for administration.

§ 28-39-10. Responsibility for administration.
Chapters 39 — 41 of this title shall be administered by the department of labor and training. The director and the board of review shall have the same powers and duties with relation to those chapters as they have to chapters 42 — 44 of this title.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1943, ch. 1369, § 1; P.L. 1949, ch. 2176, § 1; P.L. 1950, ch. 2615, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-11. - Recommendations to protect fund — Emergency modification of rules.

§ 28-39-11. Recommendations to protect fund — Emergency modification of rules.
(a)
Whenever the director believes that a change in contribution and/or benefit rates shall become necessary to protect the solvency of the fund, he or she shall at once inform the governor and the general assembly of this and make recommendations accordingly.
(b)
In that case the governor may declare an emergency and authorize the director to announce a modified scale of benefits, an increased waiting period, or other changes in rules and regulations regarding eligibility for payment of benefits that the director may deem necessary to assure the solvency of the fund. The modified regulation shall be in effect until the governor declares the emergency at an end, or until further action is taken by the general assembly.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1943, ch. 1369, § 1; P.L. 1949, ch. 2176, § 1; P.L. 1950, ch. 2615, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-12. - Examination of claimants.

§ 28-39-12. Examination of claimants.
The director may require any benefit claimant to submit to a reasonable examination or examinations for the purpose of determining his or her physical or mental condition, the examination or examinations to be conducted by a qualified healthcare provider appointed by the director, and to be made at those times and places that the qualified healthcare provider, with the approval of the director, require.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-12; P.L. 2004, ch. 471, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-13. - Legal representation in actions.

§ 28-39-13. Legal representation in actions.
On the request of the director or the board of review, the attorney general shall represent the director or the board of review and the state in any court action relating to chapters 39 — 41 of this title or their administration and enforcement, except as special counsel may be designated by the director with the approval of the governor and except as otherwise provided in those chapters.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-13.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-14. - Employers’ records and reports.

§ 28-39-14. Employers’ records and reports.
Every employer and every employing unit employing any person in employment in this state shall keep true and accurate employment records of all persons employed by the employer and employing unit, and of the weekly hours worked for the employer and employing unit by each, and of the weekly wages paid by the employer and employing unit to each person. Every employer and employing unit shall keep records containing any other information that may be prescribed. Those records shall at all times be available within this state and shall be open to inspection by the director or his or her authorized representatives, at any reasonable time and as often as the director deems necessary. The director may require from any employer, or employing unit, employing any person in this state, any reports covering persons employed by the employer and employing unit, on employment, wages, hours, unemployment, and related matters that the director deems necessary to the effective administration of chapters 39 — 41 of this title.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-14.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-15. - Procedural regulations — Record of proceedings and testimony.

§ 28-39-15. Procedural regulations — Record of proceedings and testimony.
The manner in which any disputed claims or any other controversies arising out of the interpretation or application of chapters 39 — 41 of this title are presented, or the manner in which hearings and appeals are conducted, shall be in accordance with the prescribed regulations, whether or not those regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim shall be recorded but need not be transcribed unless the disputed claim is further appealed.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-15.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-16. - Enforcement of subpoenas.

§ 28-39-16. Enforcement of subpoenas.
In case of contumacy by, or refusal to obey a subpoena issued to, any person, pursuant to chapters 39 — 41 of this title, the sixth division of the district court, upon application by the director or the board of review, shall have jurisdiction to issue to that person an order requiring that person to appear before the director, or his or her duly authorized representative, or the board of review, or its duly authorized representatives, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question. Any failure to obey that order of the court may be punished by the court as a contempt of court. A party aggrieved by an order of the court may appeal that order to the supreme court in accordance with the procedures contained in Article I of the Supreme Court Rules.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-16; P.L. 1976, ch. 140, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-17. - Witness fees.

§ 28-39-17. Witness fees.
Witnesses subpoenaed pursuant to chapters 39 — 41 of this title shall be allowed fees at a rate fixed by the director. Those fees shall be deemed a part of the expense of administering chapters 39 — 41 of this title.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-17.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-18. - Parties to judicial review — Legal representation.

§ 28-39-18. Parties to judicial review — Legal representation.
The director or the board of review shall be deemed to be a party to any judicial action involving decisions which have been appealed to the courts and may be represented in any judicial action by any qualified attorney designated by him, her, or it for that purpose, or at his, her, or its request, by the attorney general.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1946, ch. 1744, § 8; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-18.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-19. - Information held confidential.

§ 28-39-19. Information held confidential.
Every employee of the department of labor and training is expressly prohibited from divulging to any individual not officially connected with the department: (1) Any information obtained by the employee in the regular course of duty, or from the records and reports of employing units, or from the permanent records of the department, that would reveal the identity of any individual or employing unit; (2) The number of persons employed by any employing unit; (3) Matters relating to employment of any employing unit; (4) The wages earned or paid to any individual; (5) The hours worked by an individual; (6) The type of sickness suffered by any individual; or (7) Any other information relative to the temporary disability claim or payment of it; provided, that this prohibition shall not apply to information concerning wages earned or paid requested in a family court proceeding pursuant to §§ 15-5-24 and 15-5-25 or to information concerning wages earned or paid requested in a superior court proceeding pursuant to §§ 12-25-3 [repealed] and 12-25-7 [repealed].
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1947, ch. 1950, § 1; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; G.L. 1956, § 28-39-19; P.L. 1986, ch. 233, § 1; P.L. 1989, ch. 421, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-20. - Denial of requests for confidential information.

§ 28-39-20. Denial of requests for confidential information.
Every request for information relating to the data referred to in § 28-39-19 shall be denied, and the individual making that request shall be informed that all requests for information must be directed to the director.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1947, ch. 1950, § 1; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-20.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-21. - Denial of requests for information from employment reports.

§ 28-39-21. Denial of requests for information from employment reports.
Every request for information directed to the director shall be denied if the request would necessitate that individual to divulge any information that is declared in § 28-42-38 to be held confidential by the director.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1947, ch. 1950, § 1; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-21.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-22. - Agencies entitled to information.

§ 28-39-22. Agencies entitled to information.
Notwithstanding § 28-39-21, the director is authorized to divulge the information confidentially held by the department to the agencies enumerated in § 28-42-38 as proper agencies entitled to access to that information relating to the administration of temporary disability insurance.
History of Section.
P.L. 1942, ch. 1200, § 9; P.L. 1947, ch. 1950, § 1; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-22.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-23. - False representations to obtain benefits.

§ 28-39-23. False representations to obtain benefits.
Whoever knowingly makes a false statement or representation to obtain or increase any benefit or other payment under chapters 39 — 41 of this title, either for himself or herself or for any other person, shall upon conviction be punished by a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00), or by imprisonment not longer than thirty (30) days, or by both that fine and imprisonment; and each false statement or representation shall constitute a separate and distinct offense.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-24. - False representations to avoid contributions — Failure to produce evidence — Inducing waiver of rights.

§ 28-39-24. False representations to avoid contributions — Failure to produce evidence — Inducing waiver of rights.
Any individual, or employing unit or its agent, who or that willfully makes a false statement or representation to avoid becoming or remaining subject thereto, or to avoid or reduce any contribution or other payment required of an employing unit under chapters 39 — 41 of this title, or who or that willfully fails or refuses to appear or to testify or produce records as lawfully required hereunder, or who or that tries to induce any individual to waive any right under those chapters, shall upon conviction be punished by a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200), or by imprisonment not longer than sixty (60) days, or by both that fine and imprisonment. Each false statement or representation, and each day of that failure or refusal, shall constitute a separate and distinct offense. If the employer in question is a corporation, every officer of the corporation who knowingly participates in any violation specified in this section shall be subject to these penalties.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-25. - Criminal penalty for failure to make contributions or reports.

§ 28-39-25. Criminal penalty for failure to make contributions or reports.
Any individual, or employing unit or its agent, who or that knowingly fails or refuses to make any contribution or other payment required of an employing unit under chapters 39 — 41 of this title, or who or that knowingly fails or refuses to make any contribution or report at the time and in the manner required by the rules and regulations, shall upon conviction be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100), or by imprisonment not longer than sixty (60) days, or by both that fine and imprisonment, and each day of that failure or refusal shall constitute a separate and distinct offense. If the employer in question is a corporation, every officer of the corporation who knowingly participates in any violation specified in this section shall be subject to these penalties.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-25.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-26. - Pecuniary penalty for failure to make contributions or reports.

§ 28-39-26. Pecuniary penalty for failure to make contributions or reports.
An employer who fails to file any report required under chapters 39 — 41 of this title, or who or that fails or refuses to pay any contributions required under those chapters in the manner and at the times required by the laws and regulations or as the director may, in accordance with those laws and regulations, prescribe, shall pay a penalty of ten dollars ($10.00) for each failure or refusal to file, and where any contribution is due, shall pay an additional penalty of ten percent (10%) of the amount due. These penalties shall be paid into the temporary disability insurance reserve fund, and shall be in addition to contributions and interest required to be paid as provided in chapters 39 — 41; provided, that if any employer fails to pay the penalty, when assessed, it shall be collected by civil action as provided in § 28-40-12.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1956, ch. 3668, § 1; G.L. 1956, § 28-39-26; P.L. 1979, ch. 108, § 1; P.L. 1981, ch. 26, § 5; P.L. 1994, ch. 48, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-27. - Penalty for violations generally.

§ 28-39-27. Penalty for violations generally.
Any violation of any provision of chapters 39 — 41 of this title or of any order, rule, or regulation of the department for which a penalty is neither prescribed above nor provided by any other applicable statute, shall be punished by a fine of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00), or by imprisonment not longer than thirty (30) days, or by both that fine and imprisonment.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-27.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-28. - Disposition of fines.

§ 28-39-28. Disposition of fines.
All fines specified or provided for in §§ 28-39-23 — 28-39-27 shall be paid to the temporary disability insurance reserve fund.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1947, ch. 1923, art. 2, § 7; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; G.L. 1956, § 28-39-28; P.L. 2022, ch. 234, art. 1, § 18, effective December 31, 2022.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-29. - Recovery of benefits paid in error.

§ 28-39-29. Recovery of benefits paid in error.
Any individual who, by reason of a mistake or misrepresentation made by himself or herself or another, has received any sum as benefits under chapters 39 — 41 of this title, in any week in which any condition for the receipt of those benefits imposed by those chapters was not fulfilled by him or her, or with respect to any week in which he or she was disqualified from receiving those benefits, shall in the discretion of the director be liable to have that sum deducted from any future benefits payable to him or her under those chapters, or shall be liable to repay to the director for the temporary disability insurance fund a sum equal to the amount so received and that sum shall be collectible in the manner provided in § 28-40-12 for the collection of past due contributions.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-29.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-30. - Prosecution of actions for penalties.

§ 28-39-30. Prosecution of actions for penalties.
The director shall be the party complainant to any complaint and warrant brought to invoke the penalties provided for in §§ 28-39-23 — 28-39-32 and the director shall be exempt from giving surety for costs in any action.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-30.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-31. - Prosecution of criminal actions.

§ 28-39-31. Prosecution of criminal actions.
All criminal actions for any violation of chapters 39 — 41 of this title or any rule or regulation of the department shall be prosecuted by the attorney general or by any qualified member of the Rhode Island bar that shall be designated by the director and approved by the attorney general to institute and prosecute that action.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-31.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-32. - Limitation of prosecutions.

§ 28-39-32. Limitation of prosecutions.
No person shall be convicted of any offense for any violation of chapters 39 — 41 of this title or any rule or regulation of the department unless the complaint or warrant for that violation has been issued within five (5) years from the time of the commission of the offense.
History of Section.
P.L. 1942, ch. 1200, § 12; P.L. 1947, ch. 1952, § 1; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-32.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-33. - Use of federal funds for administration.

§ 28-39-33. Use of federal funds for administration.
To the extent that funds are made available by the federal government, under Title III of the Social Security Act (42 U.S.C. § 501 et seq.), or otherwise for such purpose, the expenses of administering chapters 39 — 41 of this title shall be paid from those funds, provided that this section shall not be considered to permit any expenditure of funds from the employment security administration account contrary to § 28-42-29. In the event that the Social Security Act is amended to permit funds granted under Title III to be used to pay expenses of administering a sickness compensation law, such as chapters 39 — 41 of this title, then from and after the effective date of that amendment, the expenses of administering those chapters shall be paid out of the employment security administration account or any other account or fund in which funds granted under Title III are deposited.
History of Section.
P.L. 1942, ch. 1200, § 15; P.L. 1944, ch. 1481, § 1; P.L. 1946, ch. 1744, § 9; P.L. 1947, ch. 1923, art. 2, § 8; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-33.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-34. - Appropriations for administration.

§ 28-39-34. Appropriations for administration.
The general assembly shall annually appropriate a sum sufficient for the payment of expenses of administering chapters 39 — 41 of this title during each fiscal year, which sum shall be payable out of the temporary disability insurance reserve fund; provided, that those sums shall be available to the director for the payment of expenses of administration of those chapters only to the extent that moneys received from the federal government are not available for that purpose as provided in § 28-39-33.
History of Section.
P.L. 1942, ch. 1200, § 15; P.L. 1944, ch. 1481, § 1; P.L. 1946, ch. 1744, § 9; P.L. 1947, ch. 1923, art. 2, § 8; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-34; P.L. 1989, ch. 204, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-35. - Educational program.

§ 28-39-35. Educational program.
The director shall undertake an educational publicity program designed to safeguard the fund created by this chapter. The director shall solicit the cooperation and assistance of labor, industry, and the public generally, in effecting that program. In the exercise of his or her authority under this chapter, the director shall give publicity to the need for accident prevention, and the preservation of health. He or she shall publicize the need for industrial employment to provide the best available safeguards for workers, as well as appropriate sanitary facilities, and he or she shall also publicize the potential results of malingering.
History of Section.
P.L. 1942, ch. 1200, § 17; P.L. 1946, ch. 1744, § 10; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-39-35.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-36. - [Repealed.]

§ 28-39-36. [Repealed.]
History of Section.
P.L. 1989, ch. 204, § 2; Repealed by P.L. 1989, ch. 204, § 3, effective June 29, 1990.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-37. - Functions of treasurer and director of administration.

§ 28-39-37. Functions of treasurer and director of administration.
The general treasurer and the state director of administration shall have the same powers and duties with relation to chapters 39 — 41 of this title as they respectively have to chapters 42 — 44 of this title.
History of Section.
P.L. 1942, ch. 1200, § 19; P.L. 1951, ch. 2810, § 3; G.L. 1956, § 28-39-37.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-38. - Construction of provisions.

§ 28-39-38. Construction of provisions.
Chapters 39 — 41 of this title shall be construed liberally in aid of their declared purpose, which declared purpose is to lighten the burden which now falls on the unemployed worker and his family.
History of Section.
P.L. 1942, ch. 1200, § 16; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-38.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-39. - Reservation of legislative control.

§ 28-39-39. Reservation of legislative control.
All the rights, privileges, or immunities conferred by chapters 39 — 41 of this title, or by acts done pursuant to these chapters, shall exist subject to the power of the general assembly to amend or repeal these chapters at any time.
History of Section.
P.L. 1942, ch. 1200, § 13; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-39.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-40. - Severability.

§ 28-39-40. Severability.
If any provision of chapters 39 — 41 of this title, or its application to any person or circumstances, is held invalid, the remainder of the chapters and the application of that provision to other persons or circumstances shall not be affected by that invalidity.
History of Section.
P.L. 1942, ch. 1200, § 14; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-39-40.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-39 - Temporary Disability Insurance — General Provisions › Section 28-39-41. - Task force.

§ 28-39-41. Task force.
(a)
There is hereby established a task force on temporary disability insurance fraud and program integrity. The task force shall consist of the following members or their designees:
(1)
The director of labor and training or designee;
(2)
The secretary of health and human services or designee;
(3)
The director of health or designee;
(4)
The director of the office of management and budget or designee; and
(5)
The attorney general or designee.
The director of labor and training shall chair the task force.
(b)
The task force shall coordinate joint efforts to combat fraud and abuse in the temporary disability insurance program. The task force shall:
(1)
Foster appropriate use of the program by both claimants and qualified healthcare providers by educating them about the intent of the program, the benefits provided, acceptable use of benefits, and applicable requirements;
(2)
Protect the integrity of the temporary disability insurance fund by performing joint investigations into fraudulent activities; and
(3)
Employ best practices, as established by other insurance programs both public and private, to ensure program goals and objectives are aimed at providing efficient and effective services to all customers.
(c)
Notwithstanding any other law or regulation to the contrary, the task force shall facilitate timely information sharing between and among task force members, including the establishment of protocols by which participating agencies will advise or refer to other agencies matters of potential interest.
History of Section.
P.L. 2016, ch. 142, art. 3, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-1. - Amount of employee contributions — Wages on which based.

§ 28-40-1. Amount of employee contributions — Wages on which based.
(a)
The taxable wage base under this chapter for each calendar year shall be equal to the greater of thirty-eight thousand dollars ($38,000) or the annual earnings needed by an individual to qualify for the maximum weekly benefit amount and the maximum duration under chapters 39 — 41 of this title. That taxable wage base shall be computed as follows: Every September 30, the maximum weekly benefit amount in effect as of that date shall be multiplied by thirty (30) and the resultant product shall be divided by thirty-six hundredths (.36). If the result thus obtained is not an even multiple of one hundred dollars ($100), it shall be rounded upward to the next higher even multiple of one hundred dollars ($100). That taxable wage base shall be effective for the calendar year beginning on the next January 1.
(b)
Each employee shall contribute with respect to employment after the date upon which the employer becomes subject to chapters 39 — 41 of this title, an amount equal to the fund cost rate times the wages paid by the employer to the employee up to the taxable wage base as defined and computed in subsection (a) of this section. The employee contribution rate for the following calendar year shall be determined by computing the fund cost rate on or before November 15 of each year as follows:
(1)
The total amount of disbursements made from the fund for the twelve-month (12) period ending on the immediately preceding September 30 shall be divided by the total taxable wages paid by employers during the twelve-month (12) period ending on the immediately preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded down to the next lowest multiple of one-tenth of one percent (0.1%);
(2)
If the fund balance as of the preceding September 30 is less than the total disbursements from the fund for the six-month (6) period ending on that September 30, that difference shall be added to the total disbursements for the twelve-month (12) period ending September 30 for the purpose of computing the fund cost rate, and if the resulting fund cost rate is not an exact multiple of one-tenth of one percent (0.1%) it shall be rounded to the nearest multiple of one-tenth of one percent (0.1%).
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1946, ch. 1744, § 3; P.L. 1947, ch. 1923, art. 2, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2828, § 1; G.L. 1956, § 28-40-1; P.L. 1964, ch. 138, § 2; P.L. 1972, ch. 35, § 1; P.L. 1972, ch. 127, § 1; P.L. 1981, ch. 211, § 2; P.L. 1985, ch. 351, § 1; P.L. 1986, ch. 414, § 1; P.L. 1989, ch. 391, § 1; P.L. 1991, ch. 107, § 1; P.L. 1994, ch. 58, § 1; P.L. 2000, ch. 109, § 37.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-2. - Exemption of employee dependent on spiritual healing.

§ 28-40-2. Exemption of employee dependent on spiritual healing.
An employee who adheres to the faith or teachings of any church, sect, or denomination and in accordance with its creed, tenets, or principles, depends for healing upon prayer or spiritual means in the practice of religion, shall be exempt from chapters 39 — 41 of this title and excluded from these provisions upon the filing with the director and with his or her employer, affidavits, in duplicate, stating that adherence and dependence, and disclaiming any and all benefits under those chapters whether or not arising before the passage of these provisions, and stating the name of the employer of that employee, which affidavits shall contain certifications by the president of the church which that employee attends, or certifications of any practitioner in the state who is authorized to practice healing based upon prayer or spiritual means, stating the adherence and dependence of that employee. Subsequently, that employee and his or her employer shall be exempt from liability for contributions with respect to that employee provided for under chapters 39 — 41 of this title, and the employer shall be entitled to rely upon the affidavit filed with it unless and until it receives notice from the director that these provisions have not been complied with or that the affidavit is not in proper form. In case the employee, after the filing of the affidavits, obtains new employment, he or she must file new affidavits as provided in this section in order to be exempt from chapters 39 — 41 of this title.
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1943, ch. 1368, § 1; P.L. 1946, ch. 1744, § 3; P.L. 1947, ch. 1923, art. 2, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2828, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-40-2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-2.1. - Exemption of minors fourteen (14) and fifteen (15) years of age.

§ 28-40-2.1. Exemption of minors fourteen (14) and fifteen (15) years of age.
Minors fourteen (14) and fifteen (15) years of age shall be exempt from chapters 39 — 41 of this title.
History of Section.
P.L. 1991, ch. 125, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-2.2. - Exemption of certain persons with disabilities.

§ 28-40-2.2. Exemption of certain persons with disabilities.
Disabled persons employed through a “supported employment” program as described in the federal Rehabilitation Act amendments of 1992 (see 29 U.S.C. § 701 et seq.) and who are ineligible to receive temporary disability benefits because their pay is too low may elect to be exempt from the provisions of chapters 39 — 41 of this title.
History of Section.
P.L. 1995, ch. 155, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-3. - Withholding and disposition of contributions.

§ 28-40-3. Withholding and disposition of contributions.
Each employer shall withhold in trust contributions from the wages of his or her employees at the time those wages are earned or paid; shall show the deduction on his or her payroll records; and shall furnish to the employer’s employees any evidence of the deduction as the director may prescribe. Each employer shall transmit all contributions withheld to the temporary disability insurance fund in the manner, at the time, and under the conditions that shall be prescribed by regulations.
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1946, ch. 1744, § 3; P.L. 1947, ch. 1923, art. 2, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2828, § 1; impl. am. P.L. 1951, ch. 2841, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-40-3; P.L. 1960, ch. 107, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-3.1. - Contributions held in trust for state.

§ 28-40-3.1. Contributions held in trust for state.
(a)
All contributions withheld by any employer from employees in accordance with the provisions of this chapter, and all contributions withheld by any employer from employees under color of those provisions, shall constitute a trust fund for the state until paid to the director.
(b)
That trust shall be enforceable against:
(1)
The employer;
(2)
Any officer, agent, servant, or employee of any corporate employer responsible for either the withholding or payment, or both, of the contribution; and
(3)
Any person receiving any part of the fund without consideration, or knowing that the employer or any officer, agent, servant, or employee or any corporate employer is committing a breach of trust.
History of Section.
P.L. 1985, ch. 497, § 1.