This page lists important Ballot Questions and Massachusetts State Legislation that Individual Artists of all disciplines should know about as well as key information on the State's Budget process. 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.
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 - ie How to find your state representative (on the form it says Rep in General Court) and your state senator (on the form it says Senate in the General Court): http://www.wheredoivotema.com/bal/myelectioninfo.php
(This entire page was updated on 11/21/11)
MASSACHUSETTS CASINO GAMBLING LEGISLATION ALERT:
The current "Casino Gambling Bill" House 3702 is a redraft of all the existing gambling bills that already had public hearings. Therefore that is why there was not a new public hearing on this current Casino Gambling Bill and this is how it got passed out of committee so quickly. The House passed the Legislation on the evening of Wednesday, Sept. 14th and the Senate passsed their version of the Bill on the afternoon of Oct. 13th. The Senate version of the Bill is S02015. After the Senate passes its version of the legislation, it will head to conference committtee to hammer out the differences between the House and Senate versions of the legislation. Both the House and Senate have to vote on the "hammered" out bill and if it passes it will be sent to the Governor to sign or Veto. As we said it is clear the Legislation is on the fast track to pass.
The legislation already contains provisions to restrict the seating capacity of performance spaces in casinos, a provision that MCC and Mass. Performing Arts Center Coalition sought. However, only one of two Senate amendments that were filed to further mitigate the negative impact to the arts community was excepted (note the same house version of Senate Amendment #48 passed). We will have to stay villiglant the language of Senate Amendment #48 stays in the resulting legislation (its language is in the House version):
Senate Amendment #48 passed and it gives presenting arts centers a stronger position in direct negotiations with casinos over how performances are booked and scheduled. These organizations are at a financial disadvantage when competing with casinos for talent. That amendment was filed by Sen. Harriette Chandler of Worcester, Assistant Majority Whip.
Update (11/21/11) Our group of volunteers have been following the Casino Legislation as best we can. After talking with several other folks watching this legislation- it is our understanding that language we fought for to be included in both the House version and Senate version that protects our performing arts organizations - will stay in the final legislation that comes out of the conference committee. The Conference Committee released their version of the legislation on the evening of 11/14/11 and both the House and Senate passed the legislation last week and the governor is expected to sign the legislation the week of Nov 21st.
Here are links to an impact paper (2pgs-PDF format) on the Casinos that would be good to review in advance of any calling to your elected officials.
2010-2011 Massachusetts State Budget Process
Our State is facing a 1 to 2 billion budget deficit and there is an expect 10 to 15 percent cut coming to many state programs and agencies. The State's 2011-2012 Budget began with the Governor's release of his budget at the end of January 2011 (The Massachusetts Cultural Council in his budget faced a $700,000 cut in funding).The House released their budget on April 13th 2011. In that budget the MCC faced a cut of $1.65 million dollar or a 18% cut), but thanks to everyone's advocacy and Rep Peake's and others hard work in the House the final appropriation was the same as the Governor's budget (a cut of $700,000 instead of $1.65 million cut). The Senate released its budget on May 18th and originally it had a 1.65 million dollar cut, but was changed to a $700,00 cut to match both the House's budget and the Governor's budget. Please see the MCC's advocacy page to see for updates: http://www.massculturalcouncil.org/news/advocacy.asp There is also a key page on the state's official website that allows one to learn about and track the Budget Process and the Budget Documents.
Massachusetts Film Tax Credits Program: One of the key programs we are following is the Massachusetts Film Tax Credit Program. It was preserved for this year without a cap!
2011-2012 Massachusetts
Legislation
Bills that Impact Individual Artists of All Disciplines- (You can also easily track pieces of legislation)
ARTISTS RIGHTS/LABOR ISSUES & INTELLECTUAL PROPERTY:
An Act Relative to Independent Contractors Senate Bill S00957 and House Bill H01412
Independent Contractor Bill were filed in 2008 and refiled in 2009 and now in 2011. 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.
-The legislation has been sent to the Joint Committee on Labor and Workforce Development held a public legislative hearing for these bills on Thursday, November 3, 10:30am to 1pm in room A-1.
There is also an online petition that people can sign.
These are important pieces of legislation.
An Act Establishing a Disaster and Emergency Aid Fund for Massachusetts Artists- Senate Bill S 01705
The bill was originally filed in 2008 and was been refiled in 2009 and now in 2011. 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 and Senator RosenbergThis is a great bill for artists and has been sent to The Joint Committee on Tourism, Arts and Cultural Development which held a public legislative hearing for this bill on Monday June 6th at 11am in room A-1.
An Act to Clarify Seasonal Employment House Bill H00533
This 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 in 2009 and refiled in 2011.---The legislation is very important for artists and has been sent to the Joint Committee on Labor and Workforce Development it held a hearing on October 27, 2011. For tips on how to write your testimony.
This is an important piece of legislation.
An Act Relative to the Right to Publicity Senate Bill S01713
The bill would allow a person and their family to protect the use of a person's images or personality in advertising, etc.. Thirteen states have enacted statues that specify a transferable right to publicity that survives death.
--The Bill was filled by Senator Rosenberg.This is a great and needed bill for artists and has been sent to The Joint Committee on Tourism, Arts and Cultural Development held a public legislative hearing for this bill on Monday June 6th at 11am in room A-1- The Joint Committee released the bill favorably and it is now in Senate Ways and Means.
For more information and tips on how to write your testimony
This is an important piece of legislation.
ARTISTS HOUSING (This bill has been refiled and the public hearing was onTuesday, June 14th 10am @ the State House in room B-1):
An Act Relative to Eligibility for Cooperative Housing S00593
(The Governor VETOED the Bill in 2008 and it was put into a study in 2010)
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 (HB 4445). The final 2008 version of the bill was not posted, but the Governor VETOED it! Our understanding is that the 2009 version was 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. The 2011 bill is once again highly problematic on many levels.
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.
--The Bill was filled by Senator Finegold and was filed by him when he was Representative Finegold in 2008 and 2009 (he is now a state senator).
---THE PUBLIC HEARING FOR THIS BILL was TUESDAY, JUNE 14TH 10am at the State House in Room B-1 by the Joint Committee on Housing.
Legislation to Establish Artists Districts:
An Act Relative to Establish Pilot Artist Enterprise Zones Senate Bill S01703
This bill would allow for the creation of Artists Enterprise Zones in Pittsfield. This bill defines artists entreprise zones as economic development zones in a city or town for the economic stimulus of works of art. Essentially artists would get tax exemption for the sale of their works in these zones. This is a pilot program and could be expanded to other cities. It is based on RI's successful program. This bill was first filed in the 2009-10 Legislative Session and failed to pass.
This bill "as is" is a good bill and would support artists in the Commonwealth. --The Bill was filled by Senator Downing.
---The legislation has been sent to the Joint Committee on Tourism, Arts and Cultural Development which will held a public legislative hearing for this bill on Monday June 6th at 11am in room A-1. The Joint Committee released the bill favorably and it is now in Senate Ways and Means.
Two Bills to Establish a Poet Laureate for the Commonwealth:
--The Bill was filled by Representative Peake.The bill creates a poet laureate position. It would be a two year term. A poet laureate nominating committee would be established to solicit and collect nominees for this new position. This committee would vet all the nominations and then it compile a list to submit to the Governor to pick from.
----The legislation has been sent to the Joint Committee on Tourism, Arts and Cultural Development held a public legislative hearing for this bill on Monday June 6th at 11am in room A-1
--The Bill was filled by Representative Gobi and was combined with HB 3146.---The legislation has been sent to the Joint Committee on Tourism, Arts and Cultural Development held a public legislative hearing for this bill on Monday June 6th at 11am in room A-1.
*Both these bills had very good intentions. However, both bills neglected to allocate any funds to the poet laureate position which is unacceptable and needs to be changed.
Arts Funding & Non-profit issues (It is still unclear if the below legislation is going to be refiled):
An Act Establishing the Massachusetts Cultural Trust Fund Senate Bill 01714
This Legislation would establish a cultural trust fund to stabilize long term funding for the Massachusetts Cultural Council (the State Arts Council), the Cultural Facilities Fund, and other state arts and cultural programs.
--Filed by Senator RosenbergThe legislation has been sent to the Joint Committee on Tourism, Arts and Cultural Development held a public legislative hearing for this bill on Monday June 6th at 11am in room A-1. You can email your testimony to Jodilyn.Lanza@mahouse.gov by Friday June 10th, 2011. Tips on how to address your email testimony.
This is an important piece of legislation.
An Act to Provide Retirement Options for Non Profit Organization HB 2411 & SB 1303
This Legislation would allow nonprofits organizations to create retirement plans that are held and managed by the State Treasurer. The Public Hearing was held on May 3rd by the Joint Committee on Public Service.
-- HB 2411 filed by Representative Garrett J. Bradley & SB 1303 filed by Senator Jack A. Hart
Massachusetts Health Care Reform Legislation that Impacts Artists of All Disciplines):
This bill was also filed in 2008 and was refiled in 2009 but with a new improved version and now has been refiled in 2011. 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. KeenanThis is a great bill for artists. This bill did not advance in the 2008 and 2009-10 legislative session (i.e. it died).
This is an important piece of legislation.
The State House hearing for this bill was Tuesday July 19th, 2011, 11am in Room B-2. It is being heard by Joint Commitee on Health Care Financing.
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