SENATE DOCKET, NO. 600        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1050

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 recognizing the independence of franchise operators.

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PETITION OF:

SENATE DOCKET, NO. 600        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1050

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1010 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act recognizing the independence of franchise operators.

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. Section 148B of chapter 149 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking subsection (e) in its entirety and inserting in place thereof the following:-

(e) Notwithstanding the provisions of this section, an individual who is a party to a franchise agreement under which a person or entity licenses or authorizes the individual to sell products or services in accordance with prescribed methods and procedures and under service marks, trademarks, trade names and other intellectual property licensed under such agreement shall not be considered an employee of the person or entity that grants the license or authorization.  For purposes of this section, franchise shall have the meaning given to it by the Federal Trade Commission.

(f)  Nothing in this section shall limit the availability of other remedies at law or in equity.