2009 Legislation

(This page was updated on 6/1//09- * indicates the update(s)).

This page lists important Federal and Massachusetts State Legislation that Individual Artists of all disciplines should know about. Join this site's list serve to be notified when action is needed. First step, however, is for you to introduce yourself to your elected State Legislators (and Federal elected officials) and you can find out who they are on our the Policy Makers section. Please note that the new sessions have just started and we will list the legislation when it is officially posted on the governmental websites. To see the past 2008 Massachusetts State legislation: 2008 legislation

Also see our News Section to keep up with other important issues. To learn more about how legislation becomes law see Lawmaking in Massachusetts. To register to vote and/or find out who represents you in government see the Artists Foundation's section: Getting Involved

Massachusetts Legislation:

An Act Establishing a Disaster and Emergency Aid Fund for Massachusetts Artists- Senate Bill 1869

The bill was originally filed in 2008 and has been refiled in 2009. It would allow for the State Treasurer's Office to establish a specific state fund for Disaster/Emergency Aid for Massachusetts Artists working in all disciplines. This fund will be used to help artists who have had a health care emergency (i.e. could not pay their medical bills or medical insurance) as well as to help those artists who suffered other types of emergencies (fires, floods, theft). The funds would be generated from the Treasurer's sale of artwork collected by the abandoned property division and funds generated from the private sector. No funds would be taken out of existing state funds or the state budget.

--Filed by Senator Hart

This is a great bill for artists. In 2008 it "died in" the House Committee on Ways and Means.

An Act Relative to Independent Contractors House Bill 1844

The bill was also filed in 2008 and was refiled in 2009. It would amend the 2004 Independent Contractor law change. The 2004 law change is negatively impacting the artist community and the arts community because it made it next to impossible for people to be classified as independent contractors in this State. This amendment, however, would still keep key changes in place that keep employers from misusing the independent contractor worker category.

--The Bill was filled by Representative Rodrigues.

This is a great bill for artists. IN 2008 -it was released out of committee favorably by the Joint Consumer Protection and Professional Licensure and it died in the bills for third reading in the House.

 

An Act to Clarify Seasonal Employment 1844

The bill would expand out the weeks allowed for seasonal employment in the Commonwealth to 24 weeks instead of the current 16 weeks. The current "season" on Cape Cod is well over 16 weeks and many artists and others working "the season" were not being treated as seasonal workers and were being denied eligibility for needed public programs. The same is holding true for farmers and artists in the Berkshires.

--The Bill was filled by Representative Guyer.

This is a great bill for artists.

An Act Relative to Eligibility for Cooperative Housing Corporation House Bill HB 3686 *

(The Governor VETOED the Bill in 2008)

Originally filed in 2008 as HB 1224 (Filed by the Representative Finegold and Senator Montigny and Senator Tucker), would have made artist co-ops and other types of co-ops that use any criteria other than financial criteria to decide membership/ownership basically illegal in the state. The Governor amended the HB 1224 bill to ONLY allow elder/senior housing co-ops to stay legal in the state, see HB 4445. The final 2008 version of the bill was not posted, but the Governor VETOED it! Our understanding is that the 2009 version is the same as the final 2008 version (again there is not link to that 2008 final version) and would have the same impact as the 2008 version.

This bill as written is a "bad" bill for artists and other communities. It is our understanding that many other legislators are very concerned with this bill and are trying to address the concerns of the artist community.

For the history of the 2008 legislation see: http://www.mass.gov/legis/185history/h01224.htm

--The Bill was filled by Representative Finegold.

---The public hearing for the bill is Tuesday June 2, 10:30am in Room A-1 at the Massachusetts State House- 24 Beacon Street, Boston, MA 02133

directions: http://www.sec.state.ma.us/trs/trsdir/diridx.htm

An Act Relative to the Establishment of Cultural Districts HB 4013

This bill would allow for the Massachusetts Cultural Council, the state arts council to establish criteria and guidelines for state designated cultural districts in what are mixed-use areas (it would allow for live/work studios)

This bill as is a good bill and would foster arts and artists in the Commonwealth. The artists community should work with the MCC on making sure that any such cultural district is artist friendly and supportive. Of note Representative Walsh, who filed this bill, is one of the founders of LynnArts and was involved with theater early in his career.

--The Bill was filled by Representative Steven M. Walsh.

Massachusetts Health Care Related Legislation:

An Act Relative to Massachusetts Artists(Health Care) House Bill 1078 *

This bill was also filed in 2008 and was refiled in 2009 but with a new improved version. This bill would improve access to affordable health care for self-employed artists. This bill also increases access for affordable health care for artists who have combination income (they have some freelance/self-employed income). It will also protect small businesses and small nonprofits.

--Filed by Chairman Representative John D. Keenan

This is a great bill for artists. This bill did not advance in the 2008 legislative session (i.e. it died). The Bill was amended by Chairman Keenan to address several new issues impacting artists and small businesses. That version has yet to be posted on the mass.gov website. The public hearing for this Bill was May 27th. Chairman Keenan testified in favor of the bill as did the Massachusetts Cultural Council (the state arts council), healthcareforartists.org and members of the Artists Healthcare Working Group.

Legislation that is working towards a single payer model in Massachusetts:

Massachusetts Health Care Trust Bill
From the Nurses Association on this bill:
www.massnurses.org
and Information from MassCare:
www.masscare.org