Amendment #46 to H.55

Independent Contractors

Mr. Diehl of Whitman move that the bill be amended striking out SECTION 19 and inserting in place thereof the following new section:-

Section 91 of chapter 238 of the acts of 2012 is hereby amended by striking the section in its entirety and inserting in place thereof the following:-

Section 91. There shall be a special commission to conduct an investigation and study of the definition of independent contractors as stated in section 148B of chapter 149 of the General Laws. The commission shall consist of 9 members: 2 representatives from the department of labor and workforce development, including the secretary of labor and workforce development or designee and 1 representative of the Massachusetts joint task force on the underground economy and employee misclassification; the attorney general or designee; 1 representative from AFL-CIO; 1 National Federation of Independent Businesses; 2 members of the senate, 1 of whom shall be appointed by the minority leader, 1 shall serve as co-chair of the commission; and 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader, 1 shall serve as co-chair of the commission.

The study shall include, but not be limited to, an analysis of said section 148B of said chapter 149: (1) the impact of the current law and interpretation by the attorney general on individuals who have independently established businesses as: (i) a freelance writer, editor, proofreader or indexer in the publishing industry and who works out of the individual’s own residence; (ii) an artist, whose work constitutes intellectual property to which copyright laws apply, and who works out of the artist’s own residence or studio; or (iii) a salesperson; (i) individuals who have or wish to have independently established businesses, and (ii) occupations with the potential to create independent businesses by individuals whose ability to work under contract is currently suppressed, and (2) recommendations to clarify the classifications of these individuals, and others identified by the commission, under said section 148B of said chapter 149.

The commission shall report the results of its investigation and study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, by filing the report with the clerks of the senate and house of representatives, who shall forward the report to the joint committee on labor and workforce development and the house and senate committees on ways and means not later than July 31, 2013.