2008 Legislation
(This page was updated on 10/9/08- * indicates the update(s)).
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. To register to vote and/or find out who represents
you in government see the Artists Foundation's section: Getting
Involved
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 is 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.This is a great bill for artists. It was released out of committee favorably by the Joint Consumer Protection and Professional Licensure and is now in bills for third reading in the House.
Creative Economy Council House Bill 4227 now called HB 4965*
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. A twenty-forth seat was added to include a representative from the Worcester Cultural Coalition in the Senate before it went to the Governor's desk. This bill was signed on 10/9/08 by the Governor into law.
--Filed by the Chairman Representative Bosley of the Joint Committee for Economic Development and Emerging Technologies.This is 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. Nor is the anyone from the Film sector sitting on this council. This bill was signed into law by the Governor on 10/9/08.
An Act Relative to Eligibility for Cooperative Housing Corporation House Bill HB 1224-The Governor VETOED the Bill!!!
Originally 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 bill to ONLY allow elder/senior housing co-ops to stay legal in the state, see HB 4445 . The new text for the bill has not been posted. The Governor VETOED the Bill!!!
This bill as written (HB 1224),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. Even the new bill text does still not protect artists co-ops. The new (vetoed) text of HB 1224 has yet to be posted on the Mass.gov website.
For the history of this legislation see: http://www.mass.gov/legis/185history/h01224.htm
To thank/contact the Governor: http://www.mass.gov/?pageID=gov3utilities&Sid=Agov3&U=Agov3_contact_us
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.This is 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 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.
This is a great bill for artists. Presently it is in the House Committee on Ways and Means
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.This is 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. This bill will not advance this legislative session (i.e. it is dead)
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. This bill will not advance this legislative session (i.e. it is dead)
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
This is 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:
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