2009-2010 Legislation & the State Budget Process

(This entire page was updated on 3/1/10)

This page lists important 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. 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 State Budget Process

The Governor’s Budget was released on Wednesday, January 27th, 2010. This is the first step in a very long budget process. The Governor’s Budget gives us insight to see what is to come in regard to the possible funding level of the Massachusetts Cultural Council, our state arts council as well as other key state agencies and programs. There is 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 Legislation

Bills that Impact Individual Artists of All Disciplines- You can also easily track pieces of legislation! (Note Bills currently in Committee must be acted on by March 17th --ie put in a study, reported out favorably or unfavorably by all committees):

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.

--The Joint Committee on Tourism, Arts and Cultural Development held a public legislative hearing for this bill on Monday, October 5th, 1pm at the Strand Theatre, 543 Columbia Road Dorchester, MA. The legislation was reported out favorably by the Joint Committee on Tourism, Arts and Cultural Development and is now in the Senate 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. (Note: There is a Senate Bill 670 -An Act Relative to Independent Contractors that is very similar to HB 1844). --The House Bill was filled by Representative Rodrigues.

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.

-The public hearing for the bill was Wednesday, January 27th, 2010 10:30am in room A-2 at the Massachusetts State House in Boston, MA. It was heard by the Joint Committee on Labor and Workforce Development and is awaiting action. Please join this site's free listserve to be alerted to calls to action on this bill and other key pieces of legislation.

There is also an online petition that people can sign.

For tips on how to write your testimony and more background information on HB 1844

An Act to Clarify Seasonal Employment House Bill 1808

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 by Representative Guyer.

---The public hearing for the bill was Wednesday, December 2nd, 10:30am in room A-2 at the Massachusetts State House in Boston, MA. It was heard by the Joint Committee on Labor and Workforce Development and is still in that committee awaiting action.

This is an important bill for artists.

An Act Relative to the Right to Publicity Senate Bill 1800

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.

---The public hearing for the bill was Thursday, January 28th, 2010- 1pm in room A-1 at the Massachusetts State House in Boston. It was heard by the Judiciary Committee and it is awaiting action.

For more information on SB1800 and tips on how to write your testimony

This is an important bill for artists' rights.

Artists Housing:

An Act Relative to Eligibility for Cooperative Housing House Bill 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 was Tuesday June 2, 10:30am in Room A-1 and it is still in the Joint Committee on Housing.

Legislation to Establish Arts Districts:

An Act Relative to the Establishment of Cultural Districts House Bill 4013 was combined into House Bill 4493- An Act Relative to the Establishment of Cultural and Creative Districts.

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). HB630, HB 4013, and HB4014 were combined into HB 4493 by the Joint Committee on Tourism, Arts and Culutral Development.

The new 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.

The public hearing for the bill 4013 was July 13th, 10:30 am at Lynn Arts, in Lynn, MA. As mentioned above it was combined with several bills into HB4493 and was reported out favorably. It is now in the House Committee on Ways and Means.

An Act Relative to Establish Pilot Artist Enterprise Zones Senate Bill 1866

This bill would allow for the creation of Artists Enterprise Zones in Pittsfield, Fitchburg and Lowell. 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 as is a good bill and would support artists in the Commonwealth. --The Bill was filled by Senator Downing.

The public hearing for the bill was October 19th, 10:30 am at Eric Carle Museum of Picture Book Art in Amherst, MA by the Joint Committee on Arts, Tourism and Cultural Development. The legislation was discharged to the Joint Committee on Revenue and has a public hearing on Wednesday, March 3rd 10:30am in Hearing Room B2 at the Massahusetts State House. If you would like to send in written testimony on this bill please email it to: Katherine.Ryan@state.ma.us

We have crafted tips on how to write your testimony and how to address it.

Two Bills to Establish a Poet Laureate for the Commonwealth:

An Act to Create the position of poet laureate for the Commonwealth of Massachusetts House Bill 3146

--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. It was heard by the Joint Committee on Arts, Tourism, and Cultural Development on July 13th at LynnArts in Lynn, MA. It was combined with HB 3538 and reported out favorably and reccommended to pass. It is now in the House Committee on Ways and Means. Note the new version of the Bill has yet to be posted on state's website.

An Act to Create the position of poet laureate of the Commonwealth of Massachusetts House Bill 3538

--The Bill was filled by Representative Gobi and was combined with HB 3146.

This bill would also create a poet laureate position and like the above bill, it would be a two year term. The Massachusetts Cultural Council would submit three names to the governor to pick from.

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.

Public Testimony given for these bills clearly stated that the Poet Laureate position needed to be compensated and the new combined bill still does not have such compensation in it.

Arts Funding:

An Act Establishing the Massachusetts Cultural Trust Fund Senate Bill 1878

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 Rosenberg

The legislation has a public hearing by the Joint Committee on Revenue on Wednesday, March 3rd 10:30am in Hearing Room B2 at the Massahusetts State House. If you would like to send in written testimony on this bill please email it to: Katherine.Ryan@state.ma.us

We have tips on how to write your testimony and how to address it.

Massachusetts Health Care Reform Legislation that Impacts Artists of All Disciplines:

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.

The legislation is currently in the Joint Committee on Health Care Financing awaiting action.

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