Ways & Means Committee Republicans and Sen. Rick Santorum Likely to Decide Fate of Tax Bill
Bid to Attach Manuscript Deduction Bill to Charitable Giving Act Fails
E-mail to Guild Members, Sept. 30, 2003:
Unfortunately, in spite of the best efforts of many Guild members, H.R. 7, the "Charitable Giving Act of 2003," passed in the House of Representatives without the addition of H.R. 806, the "Artists Contribution to American Heritage Act." H.R. 806 would allow authors and artists who contribute their creations to non-profit organizations to deduct the appraised market value of the creations for tax purposes. The Charitable Giving Act now moves to a conference committee with the Senate's companion bill – the C.A.R.E. Act, which contains the manuscript deduction bill. It is in the conference committee that the differences between the two bills, including the manuscript deduction bill, will be worked out. The conference, then, appears to be the last chance for H.R. 806 to become law in this Congress.
On the positive side of the ledger, our bill did receive favorable publicity today. On p. D9 of the Sept. 30 Wall Street Journal is an article ("Give Artists the Same Tax Break as Collectors") supporting our bill.
One of the most important of the legislators to contact now is Senator Rick Santorum (R-PA), who authored the C.A.R.E. Act and will be an important part of the conference committee. Others include the Republican members of the House Ways and Means Committee, who will be key players in the conference. When we know which lawmakers are appointed to the conference, we will target them for contact as well.
ACTIONS REQUESTED
PENNSYLVANIA RESIDENTS: Please consider signing on to the letter to Senator Santorum set forth below, and forward this message to other Pennsylvanians (people and institutions) who might support us. If you are willing to sign on, contact us and give us your full name, title and institution (if any), and city.
MEMBERS WHOSE REPRESENTATIVE IS A REPUBLICAN ON WAYS AND MEANS:
Please telephone your representative. Ask to speak with the legislator's tax staff member. Tell the staffer who you are. Urge the legislator to become a co-sponsor of H.R. 806, the Artists' Contribution to American Heritage Act." Explain to the staff member why this bill is important to writers and to the preservation and cataloging of valuable archival materials. We also recommend that you refer to today's Wall Street Journal article, cited above. The list of legislators we must target is below. (For background, see below and http://www.authorsguild.org.)
TIMING AND CONTACT INFORMATION
The letter to Senator Santorum must be sent this week, so please respond as soon as possible to ensure inclusion of your name. Contact us at staff@authorsguild.org to reply. The addition of cosponsors of H.R. 806 from Republicans on Ways and Means could help persuade the conference committee, so please call at your earliest convenience.
SIGN-ON LETTER TO SEN. SANTORUM
The Honorable Rick Santorum
US Senate
Washington, DC 20510
Dear Senator Santorum:
We, the undersigned, thank you for including S. 287 the "Artist-Museum Partnership Act" in the CARE Act., S. 287, which allows artists, writers and composers to take a fair-market value deduction for works of their own creation given to a museum, library or archive, will enhance Pennsylvania's cultural institutions like few pieces of federal legislation ever have. Most museums and libraries in Pennsylvania have no funds to purchase works for their collection, and must rely on gifts. Currently few of those gifts come from living artists. Passing this legislation is an important step in protecting American culture, not only in our own institutions, but also in museums, libraries and archives nationwide.
As you prepare for conference with H.R. 7 the "Charitable Giving Act of 2003" and the CARE Act, we urge that you hold firm in your insistence that the House include the artists' fair-market value deduction bill in its final bill. This legislation would encourage America's most creative citizens to donate their works to museums and libraries all over the country. The price of the legislation is small for a benefit that will touch every community.
Again we thank you for your outstanding leadership in moving the CARE Act through Congress and for the tremendous good this landmark piece of legislation will do for the nation's charitable institutions.
Sincerely,
REPUBLICAN WAYS AND MEANS COMMITTEE MEMBERS AND THEIR PHONE NUMBERS
(Asterisk denotes co-sponsor of H.R. 806).
| William M. Thomas, CA Chairman | (202) 225-2915 |
| Philip M. Crane, IL | (202) 225-3711 |
| E. Clay Shaw Jr., FL | (202) 225-3026 |
| Nancy L. Johnson, CT | (202) 225-4476 * |
| Wally Herger, CA | (202) 225-3076 |
| Jim McCrery, LA | (202) 225-2777 |
| Dave Camp, MI | (202) 225-3561 |
| Jim Ramstad, MN | (202) 225-2871 * |
| Jim Nussle, IA | (202) 225-2911 |
| Sam Johnson, TX | (202) 225-4201 |
| Jennifer Dunn, WA | (202) 225-7761 |
| Mac Collins, GA | (202) 225-5901 |
| Rob Portman, OH | (202) 225-3164 |
| Phil English, PA | (202) 225-5406 * |
| J.D. Hayworth, AZ | (202) 225-2190 |
| Jerry Weller, IL | (202) 225-3635 * |
| Kenny C. Hulshof, MO | (202) 225-2956 |
| Scott McInnis, CO | (202) 225-4761 * |
| Ron Lewis, KY | (202) 225-3501 |
| Mark Foley, FL | (202) 225-5792 * |
| Kevin Brady, TX | (202) 225-4901 |
| Paul Ryan, WI | (202) 225-3031 |
| Eric Cantor, VA | (202) 225-2815 |
BACKGROUND
H.R. 806, the Artists' Contribution to American Heritage Act, would change the tax code to allow authors and artists to deduct for tax purposes the appraised market value of their own work (such as manuscripts, research materials, or fine artwork) that they donate to museums, universities and libraries. Current tax laws permit the creators to deduct only the value of the materials used in creating the original manuscript. Collectors and others, however, are permitted to deduct the fair market value of donated manuscripts.
With passage of the Senate's version of that legislation, known as the Artist-Museum Partnership Act, as part of its C.A.R.E. Act in April, we have never come closer to righting this inequity. The Chairman of the House Ways and Means Committee blocked the bill from being attached to the Charitable Giving Act of 2003 (similar to the Senate's CARE Act), partly because it lacked Republican cosponsors from Ways and Means. When House and Senate conferences meet to reconcile the CARE Act with the Charitable Giving Act, they will need to decide whether to include our legislation.
PLEASE INFORM US
If you contact a Committee member, please let us know. Simply e-mail us at staff@authorsguild.org.
The Authors Guild is the nation's largest and oldest society of published authors and the leading writers' advocate for fair compensation, effective copyright protection, and free expression.
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