HOUSE DOCKET, NO. 1928        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1788

The Commonwealth of Massachusetts

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PRESENTED BY:

Robert F. Fennell

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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 relative to the uniform operation of motor vehicles.

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PETITION OF:

HOUSE DOCKET, NO. 1928        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1788

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to the uniform operation of motor vehicles.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 90F of the General Laws is hereby amended by inserting at the end thereof the following new section:-

Section 17. Bona fide corporations

(a)An individual or business entity that provides a motor vehicle and the services of a driver under a written contract that is subject to 49 CFR Part 376 to a motor carrier is not an employee of the motor carrier for the purposes of Chapters 149, 62B, 151, 151A and 152, provided that the individual or business entity:

(1)Meets the requirements of Chapter 149, section 148B(a);

(2)Meets the requirements of Chapter 151A, section 2: or

(3)Operates by means of a bona fide corporation.

(b) A corporation is deemed bona fide if it is shown that:

(1)Articles of incorporation have been filed by the corporation;

(2)The corporation is in good standing with the Secretary of the Commonwealth;

(3)The corporation includes services rendered on a federal and applicable state income tax schedules as an independent business or profession;

(4)The corporation reports its employees’ income to the Internal Revenue Service and the Massachusetts Department of Revenue; and

(5)The corporation complies with federal and state tax, unemployment insurance, workers’ compensation insurance, and labor and employment law obligations with respect to its personnel.