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. 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.
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 and your state senator (Note they are listed under District Representatives and Senator):http://www.wheredoivotema.com/bal/myelectioninfo.aspx
(This page was updated on 12/22/19)
Massachusetts State Budget Process
The State 2020 budget process is now complete. The Governor released his budget on 1/23/19. The House has approved its budget as did the Senate. The Conference Committee met to hash out the differences between the House and Senate Budget. Both the Senate and House voted to approve the 2020 Budget and sent it to the Governor. The Governor had no vetos and signed the 2020 Budget into law. For more info on the final 2020 budget: https://malegislature.gov/Budget/FY2020/FinalBudget
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2019- 2020 Massachusetts
Legislative Session-is now underway! Bills for this session have been filed. Advocates are urging legislators to support pieces of legislation! See the pieces of legislation listed below and ask your State Senator and Representative to support them. Note: State Senators can sign on to the bill right until is it "heard" on the senate floor (ie much longer time frame to support a bill!)
To be kept up to date on these issues and other related matters, see the MALC blog: http://artistsunderthedome.org/malc/
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You can easily track pieces of legislation
EMERGENCY AID FUND FOR ARTISTS OF ALL DISCIPLINES
H.2942 An Act establishing the Representative Chris Walsh disaster and emergency aid fund for Massachusetts artists, filed by Rep. Mary Keefe & its counter part, Senate S.2020, filed by Senator Nick Collins.
The public hearing for this legislaiton was Tuesday, June 25th and both bills were reported favorably out of committee.
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 funds raised from the private sector. The fund is named after the late State Representative Chris Walsh who championed this bill in the past.
SUPPORTING ARTISTS, PUBLIC ART AND ARTISTS IN RESIDENCY PROGRAMS
H.2931, "An Act relative to procurement services for artists", filed by Rep. David Biele & its counter part in the Senate, S.2029, filed by Senator James T. Welch
The public hearing for this legislaiton was Tuesday, June 25th and the bills have yet to be reported out of committee.
The Commonwealth of Massachusetts’ Public Procurement Act, Chapter 30B, has precise language on the process for the procurement of supplies, services or real property by a governmental body. Currently, under 30B, it is not possible to pay artists to develop with a concept. The competitive bidding process does not take into account subjective value, which is intrinsic to art. These two pieces of legislation correct this and if passed will allow more public art, artists in residency programs and artists of all disciplines to be hired by our municipalities. It is revenue neutral. States that have this exemption: AK, Delaware, FL, GA, ID, IL, KY, NJ, NM, NC, PA, RI, SC, and SD.
H.2941 "An Act to establish a Massachusetts percent for the arts program", filed by Rep. Mary Keefe & its counter part in the Senate, S. 2022, filed by Senator Adam G. Hinds.
The public hearing for this legislaiton was Tuesday, June 25th and both bills were reported favorably out of committee.
The Commonwealth needs a percent for art program. The structure of the program is well thought out and has both a public art commission and a paid coordinator of the program. This legislation supports Massachusetts artists by giving them preference and also protects artists’ intellectual property rights.
ARTISTS RIGHTS/LABOR ISSUES & INTELLECTUAL PROPERTY
H.1652 "An Act Relative to the Creative Economy Bill", filed by Rep. Mary Keefe & its counter part in the Senate, S.1099, filed by Senator Michael O. Moore-the bills were heard by the Joint Committee on Labor & Workforce Development on Tuesday, June 4th.
The Independent Contractor 2004 law change has been an issue that has been negatively impacting those in the Creative Economy. These two identical bills fix this issue for our sector with an intellectual property carve out. The 2004 Independent Contractor law change made it next to impossible for people to be classified as independent contractors in this State. Once you are classified as an employee you do not own or control your intellectual property. It is the property of the employer. These bills exempt artists of all disciplines from the Independent Contractor Law and has language to safe guard someone being forced into being an independent contractor. The individual needs to "freely and voluntarily identifies, markets or promotes oneself as a freelancer, as self-employed, as a sole proprietor or as an independent business; (ii) controls and regularly negotiates the use of the individual’s intellectual property; and (iii) meets the federal standards for being an independent contractor including, but not limited to, standards developed by the United States Internal Revenue Service or Department of Labor."
OF note these bills keep the " language" that passed in the Senate two sessions ago- S2451
Background information on the issue
These are important pieces of legislation and need to be supported. Note: there were several other Independent Contractor Bills filed. None of them fix it for artists working in all disciplines.
H.2948"An Act to Protect Native American Heritage", filed by Rep. Dave Rogers & its counter part in the Senate, S.1811, filed by Senator Nick Collins-
The public hearing for the House version of this legislaiton was Tuesday, June 25th and the House bill was reported favorably out of committee.
The legislation protects Native American funerary objects, human remains, sacred objects, or objects of cultural patrimony from being sold.
NEEDED ECONOMIC INITIATIVES FOR MASSACHUSETTS ARTISTS
Massachusetts Film Tax Credits Program: One of the key programs that impacts artists of all discipines is the Massachusetts Film Tax Credit Program.
H.2419 "An Act to remove the film tax expiration date", filed by Rep. Tackey Chan & its counter part in the Senate,S.1728, "An Act supporting job growth in the Commonwealth" filed by Senator Michael Moore- both of which call for the elimination of the 2022 sunset to the film and television incentive to keep the industry growing.
S.2024 An Act to foster artist businesses in Cultural Districts, by Senator Eric P. Lesser
This legislation builds upon the Massachusetts Cultural Council’s Cultural Districts program and iit supports Massachusetts artists by exempting one of a kind works of art from the state’s sale tax when sold in a MCC approved cultural district.