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