Amendment ID: S2446-14-R1

Redraft Amendment 14

Creative Economy

Messrs. Tarr, deMacedo, Fattman, Humason, OConnor and Ross move to amend the bill SECTION 1. Subsection (a) of section 148B of chapter 149 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the beginning thereof the following words:-

“Except as provided in subsection (x),”

SECTION 2.  Said section 148B of said chapter 149, as so appearing, is hereby further amended by inserting after subsection (a), the following subsection:

(x) An individual who is an artist or a freelance writer, editor, proofreader or indexer in the publishing industry shall be considered to be an employee under this chapter and chapter 151 unless:

(1) The individual freely and voluntarily identifies, markets, or promotes himself or herself as a freelancer, as self-employed, as a sole proprietor or as an independent business; and

(2) The individual controls and regularly negotiates the use of the individual’s intellectual property; and

(iii) The individual meets the federal standards for independent contractors, including but not limited to standards developed by the Internal Revenue Service or the Department of Labor.

SECTION 3.  There shall be a task force to examine and make recommendations on the independent contractor classification in the commonwealth. The task force shall consist of: the senate and house chairs of the joint committee on labor and workforce development, who shall serve as co-chairs; the secretary of labor and workforce development or a designee; the attorney general or a designee; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; 1 member representing Associated Industries of Massachusetts, Inc.; 1 member representing Associated Builders and Contractors, Inc.; 1 member representing Associated General Contractors of Massachusetts, Inc.; 1 member representing Associated Subcontractors of Massachusetts, Inc.; 1 member representing the Massachusetts Building Trades Council; 1 member representing the New England Regional Council of Carpenters; 1 member representing the Service Employees International Union; 1 member representing Massachusetts High Technology Council, Inc.; 1 member representing the National Federation of Independent Business; 1 member representing Greater Boston Legal Services, Inc.; 1 member representing Community Labor United, Inc.; 1 member representing the Massachusetts Artists Leaders Coalition; and 1 member representing the Massachusetts AFL-CIO.

The task force shall file a report containing its findings and recommendations, including draft legislation necessary to carry out its recommendations, with the clerks of the house of representatives and senate, the senate and house chairs of the joint committee on economic development and emerging technologies and the chairs of the house and senate committees on ways and means not later than June 31, 2017.”.