Legislation

We have listed important 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 you can find out who they are on our the Policy Makers section. Special thanks to the Artists Foundation for analysis and help with this 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. (This page was updated on 3/25/08- * indicates the update(s)).

An Act Establishing a Disaster and Emergency Aid Fund for Massachusetts Artists House Bill 3421

The bill 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 the Chairman Representative Turkington of the Joint Committee for Tourism, Arts and Cultural Development Committee and Chairman Senator Hart of the Joint Committee for Economic Development and Emerging Technologies.

This bill is endorsed by the State Treasurer. The Artists Foundation considers this a great bill for artists. Presently it is in the House Committee on Ways and Means.

An Act Relative to Independent Contractors House Bill 311

The bill 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 Chairman Representative Rodrigues of the Joint Committee on Consumer Protection & Professional Licensure. Chairman Representative Turkington of the Joint Committee for Tourism, Arts and Cultural Development Committee has also signed on to this bill.

The Artists Foundation considers this a great bill for artists. It was released out of committee favorably by the Joint Consumer Protection and Professional Licensure.*

The Adjunct Pension Bill: HB 2821 also known as the An Act Relative to vesting and accumulating creditable service in the State Retirement System for Part Time Faculty teaching in the Commonwealth¹s Institutions of Higher Education House Bill 2821

This bill allows part-time faculty who teach the equivalent of four 3-credit courses per calendar year in the state higher education system to earn a year of creditable service for each year of such teaching experience. House Bill 2821 has been reported out favorably by the Public Service Committee and has been referred to the House Ways & Means Committee for their review. If reported on favorably, the bill would then be sent to the entire House for further review and a possible vote.

The Artists Foundation considers this a great bill for artists. Presently it is in the House Committee on Ways and Means

An Act Establishing the Creative Economy Council House Bill 4227

The bill would establish a Creative Economy Council with in the Executive Office of Housing and Economic Development (which is under the Governor). Presently, as written in the Legislation, there are 23 seats on the Council.

--Filed by the Chairman Representative Bosley of the Joint Committee for Economic Development and Emerging Technologies.

The Artists Foundation considers this a good start BUT the Foundation publicly testified and submitted written testimony to respectfully ask that more seats be added to the Council and that many of those seats be for individual artists representing the key artistic disciplines (music, visual, literary, film/video, dance, crafts, theater/performing arts). Presently there are no seats slated for individual artists on the Council.

The AF was informed that a new draft of this Bill was released with what are called technical changes. The new Bill number is HB 4309- the issues the AF raised have not been corrected in this new draft and it is our understanding that the concerns that were raised are being taken seriously- more on this as we learn more.

An Act Promoting Work Created by Massachusetts Artists House Bill 3152

The bill would exempt living Massachusetts artists of all discipline's from collecting state sales tax from the selling of their work (must be non industry/commercially created work). Also exempt from collecting sales tax are Massachusetts Businesses who are selling the work of living Massachusetts artists and come under the jurisdiction of the Massachusetts Consignment of Fine Art Law (that was amended in 2006 by Senator Hart with SB 2461).

--Filed by the Chairman Representative Turkington of the Joint Committee for Tourism, Arts and Cultural Development Committee and Chairman Senator Hart of the Joint Committee for Economic Development and Emerging Technologies.

The Artists Foundation considers this a great bill for artists. The Joint Committee on Revenue put this bill into a study- which means it will not be released out of committee. Translation- this bill is not going anywhere given the present economic downturn.*

An Act Relative to Eligibility for Cooperative Housing Corporation House Bill 1224

The bill would make 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 bill to allow elder/senior housing co-ops to stay legal in the state, see HB 4445

--Filed by the Representative Finegold and Senator Montigny and Senator Tucker.

The Artists Foundation considers this a "bad" bill for artists and other communities even with the Governor's amendment. 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 is presently in the House Committee on Bills in the Third Reading.

 

Health Care Related Legislation:

An Act Relative to Massachusetts Artists(Health Care) House Bill 3936

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).

--Filed by the Chairman Representative Turkington of the Joint Committee for Tourism, Arts and Cultural Development Committee and Chairman Senator Hart of the Joint Committee for Economic Development and Emerging Technologies.

The Artists Foundation considers this a great bill for artists. PLEASE NOTE a new version of this bill (due to changes the AF advocated for) was submitted and it is not the same as the version on the State's website. The new version is presently in the Joint Committee on Health Care Financing.

An Act Strengthening Health Care Reform(SB 661, HB 1166)

This bill enhances access to coverage and clarifies health reform's definition of affordability.

--Filed by Senator Mark Montigny and Representative John Scibak.

The ACT Coalition, which the Artists Foundation is a member of, is endorsing this bill.

An Act Relative to Eligibility for State Group Health Insurance Senate Bill 1587

It is known as the Adjunct Health Insurance Bill: SB 1587 This bill would provide part-time faculty who teach the equivalent of four 3-credit courses per calendar year in the state higher education system to be eligible for a state employee insurance plan that is comparable in both cost and coverage to insurance policies held by their public higher education full-time faculty colleagues. After a successful hearing before the Joint Committee on Public Service on July 12, 2007, Senate Bill 1587 was reported out favorably and referred to the Senate Ways & Means Committee for their review. If reviewed favorably by this committee, the bill would then be sent to the full Senate for further review and a possible vote.

--Filed by the Chairman Senator Moore of the Joint Committee on Health Care Financing

The Artists Foundation considers this a great bill for artists. This bill is in the Senate Committee on Ways and Means.

Legislation that is working towards a single payer model in Massachusetts (The AF has always endorsed and still does endorse a single payer model for the artists community):

Massachusetts Health Care Trust Bill (currently S. 755)
From the Nurses Association on this bill:
www.massnurses.org
and Information from MassCare:
www.masscare.org