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| 2 | 2 | | SENATE DOCKET, NO. 46 FILED ON: 1/10/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1222 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Bruce E. Tarr |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act providing a safe harbor for contractors of services. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 46 FILED ON: 1/10/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1222 |
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| 18 | 18 | | By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1222) of Bruce E. Tarr for legislation |
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| 19 | 19 | | to provide a safe harbor for contractors of services. Labor and Workforce Development. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 1115 OF 2019-2020.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act providing a safe harbor for contractors of services. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 148B of Chapter 149 of the General Laws, as appearing in the 2020 |
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| 31 | 31 | | 2Official Edition, is hereby amended by inserting after the paragraph designation “(a)” in line 1, |
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| 32 | 32 | | 3the following numeral:- (1) |
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| 33 | 33 | | 4 SECTION 2. Said Section 148B of said Chapter 149, as so appearing, is hereby further |
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| 34 | 34 | | 5amended by inserting after the word “performed.”, in line 11, the following words:- (a)(2) An |
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| 35 | 35 | | 6individual who has pre-registered as a payroll-taxpaying entity with the Department of Revenue |
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| 36 | 36 | | 7and has attested that said registration is being provided “voluntarily and free from coercion by |
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| 37 | 37 | | 8any person or entity” shall be considered to have satisfied test (2) in (a)(1) above if the contract |
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| 38 | 38 | | 9for work: 2 of 2 |
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| 39 | 39 | | 10 (1) Provides compensation that equals or exceeds $30 per hour, or $1,200 per week, or |
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| 40 | 40 | | 11$5,160 per month, or |
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| 41 | 41 | | 12 (2) Involves either: a) the provision of services requiring professional certification or |
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| 42 | 42 | | 13licensure and the individual possesses such certification or licensure; or b) conducting business |
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| 43 | 43 | | 14in a franchise relationship subject to the rules and regulations of the Federal Trade Commission, |
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| 44 | 44 | | 15and the relationship complies with those rules and regulations, or |
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| 45 | 45 | | 16 (3) Provides for work that by occupational definition consistently requires any of the |
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| 46 | 46 | | 17following: (a) exercise of discretion and independent judgment with respect to matters of |
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| 47 | 47 | | 18significance; (b) advanced knowledge in a field of science or learning; or (c) invention, |
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| 48 | 48 | | 19imagination, intellect, creativity, originality, or talent in a recognized field or artistic or creative |
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| 49 | 49 | | 20endeavor, or |
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| 50 | 50 | | 21 (4) Grants the individual either ownership of or copyright to the work product. |
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