Bill Text: MS SB2531 | 2016 | Regular Session | Introduced
Bill Title: Digital platform provider; person who contracts with to provide services to a third party is an independent contractor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2531 Detail]
Download: Mississippi-2016-SB2531-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Business and Financial Institutions; Judiciary, Division A
By: Senator(s) Fillingane
Senate Bill 2531
AN ACT TO PROVIDE THAT A PERSON THAT ENTERS INTO A CONTRACT WITH AN ENTITY THAT OPERATES A DIGITAL PLATFORM TO UTILIZE THE ENTITY'S DIGITAL PLATFORM TO PROVIDE SERVICES TO THIRD PARTIES SHALL BE TREATED AS AN INDEPENDENT CONTRACTOR IF CERTAIN REQUIREMENTS ARE MET; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section:
(a) "Qualified marketplace platform" means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, that operates a digital platform that facilitates the provision of services by qualified marketplace contractors to third party individuals or entities seeking those services.
(b) "Qualified marketplace contractor" means any person or organization, including, but not limited to, a natural person, corporation, limited liability company, partnership, sole proprietor, or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide services to third party individuals or entities seeking those services.
(2) For all purposes under state and local laws, regulations and ordinances, including, but not limited to, Chapters 3 and 5 of Title 71, Mississippi Code of 1972, a qualified marketplace contractor shall be treated as an independent contractor, and the services performed by the qualified marketplace contractor shall not constitute employment, if:
(a) The services performed by the qualified marketplace contractor are governed by a written contract executed between the qualified marketplace contractor and a qualified marketplace platform; and
(b) The written contract provided for in paragraph (a) of this section provides for the following:
(i) That the qualified marketplace contractor is providing services as an independent contractor, not as an employee;
(ii) That all or substantially all of the payment for the services performed by the qualified marketplace contractor is directly related to the performance of services or other output, rather than to the number of hours worked;
(iii) That the qualified marketplace contractor is allowed to work any hours or schedules he or she chooses, provided that if a qualified marketplace contractor elects to work specified hours or schedules, a contract may require the qualified marketplace contractor to perform work during the selected hours or schedules;
(iv) That the contract does not restrict the qualified marketplace contractor's ability to offer services to other entities, including other qualified marketplace platforms;
(v) That the qualified marketplace contractor shall bear all or substantially all of his or her own expenses;
(vi) That the qualified marketplace contractor shall be responsible for tax on the qualified marketplace contractor's own income; and
(vii) That the qualified marketplace contractor may terminate the contract and the association created thereby without cause upon reasonable notice given to the qualified marketplace platform.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
