Thank You
After the 2024 General Session, we have a moment to reflect and consider everything which affects the cultural industry, as well as express our gratitude for the incredible collaboration and support we enjoy in partnership with all of you.
First, we thank our cultural industry advocacy partners, whose collaboration is pivotal to our collective success during the session, including: Beverley Taylor Sorenson Arts Learning Program (BTS Arts), POPS! (Professional Outreach Programs in the Schools), Utah Educational Library Media Association (UELMA), Utah Division of Arts & Museums, Utah Film Commission, Utah Humanities, Utah Library Association, Utah Museums Association, Utah Music Teachers Association, and Utah STEM Action Center.
Second, we are grateful for the continued support of our Cultural Caucus members, and in particular our Caucus co-chairs: Senators Kirk Cullimore and Luz Escamilla in the Utah Senate, and Representatives Jefferson Moss and Sandra Hollins in the Utah House of Representatives. A full list of our Cultural Caucus members can be found here.
Third, we express our sincere gratitude to our organizational sponsors, whose support makes our advocacy work possible through the General Session and throughout the year. In 2024, our sponsors include Tuacahn Amphitheatre and Hale Centre Theatre.
Last, but not least, we are thankful to each of you: the hard-working industry professionals, concerned citizens, and other friends of arts and culture throughout the State of Utah. Your support of our work, and of the cultural industry, makes this work possible, and we know the impact of the cultural industry on our economy, our social fabric, and the incredible sense of community we enjoy in Utah.
Announcements
Open Event: Legislative Session Wrap-up - March 13, 2024 at 11 AM - in-person at Kiln Salt Lake City or Online
In collaboration with advocacy partners, we'll present on things that occurred during the session, and reserve time for questions from the cultural industry.
Member Event: Session Takeaways from UCA’s Lobbyist - March 20, 2024 at 11 AM - Online meeting on Zoom
This event is part of our Professional Development Series for UCA members.
UCA's lobbyist, Dan Hemmert, will present his key takeaways and experiences from the 2024 General Session. We have allocated 30 minutes of time for questions from UCA members as well.
Open Events: Additional Local Meetings Statewide - When and Where is TBA
UCA staff and board members will be present in-person to meet and answer questions regarding the Legislative Session. We are still working to confirm dates, venues, and details, but will announce these statewide events soon.
Open Event: Culture Connect - August 27, 2024 - 9 AM to 4 PM - in-person at the Utah Cultural Celebration Center in West Valley City
Save the date! We will cover some advocacy-related items at this event, as we usually do. Additional details are forthcoming, but mark your calendars for August 27!
Legislation
Below, you may find the final status of appropriations and bills affecting the cultural industry within the 2024 General Session. Additionally, UCA Interim Executive Director, Ernesto Balderas, has provided notes summarizing the changes and effects of each item. If you continue to have further questions, please don’t hesitate to contact Ernesto at [email protected] or at (714) 876 - 7125.
NOTE: the title of each section which covers a bill or appropriation links to the legislation on the Utah Legislature website.
Appropriations
Utah Division of Arts & Museums General Operating Support Grants
Original Request: $2,000,000 ongoing
Appropriations Subcommittee Prioritization: $6,000,000 one-time
Final Result: $2,000,000 one-time
Notes: In the final days of the 2024 General Session, it was decided that in “additional funding items,” the Utah Division of Arts & Museums (UA&M) would receive an appropriation of $2 million one-time on top of the $4 million ongoing appropriation already received. This means that, for Fiscal Year 2025, The UA&M General Operating Support grants will have a total of $6 million, an increase of $2 million from Fiscal Year 2024. Next year, UCA will be working with our partners at the Utah Department of Cultural and Community Engagement (CCE) to continue requesting funding that bolsters the arts and cultural industry throughout the entire state.
Beverley Taylor Sorenson Arts Learning Program (BTSALP)
Appropriations Subcommittee Prioritization: $3,000,000 ongoing
Final Result: $1,000,000 one-time
Notes: BTSALP was allocated a $1,000,000 one-time appropriation this year. In addition, the Executive Appropriations Committee and the Public Education Appropriations Subcommittee decided to make BTSALP funding a “uniform award amount” rather than the 80%/20% cost-sharing model of past years. This poses a number of issues for BTSALP and we aim to continue working with Lisa Cluff of BTSALP to see how we can advocate against this change.
POPS & iSEE Education Programs
Appropriations Subcommittee Prioritization: POPS - $234,700 ongoing and iSEE - $238,100 ongoing
Final Result: No additional funding for POPS or iSEE
Notes: In the end, the Executive Appropriations Committee (EAC) did not fund the Public Education Appropriations Subcommittee’s (PEA) prioritization of the Professional Outreach Programs in the Schools (POPS) or the Informal Science Education Enhancement (iSEE) programs. So, even though both programs were not reduced in their funding overall, we aim to continue working with legislators to advocate for inflationary-based increases in the next General Session.
Bills
HB 29 - Sensitive Material Review Amendments
Status: Passed
Sponsors: Representative Ivory, Senator Weiler
Notes: This bill originally established procedures for initiating and performing “sensitive material reviews” for instructional materials within Local Education Agencies (LEA) or charter schools, set thresholds for the removal of instructional materials that could include school library books, and clarified who could initiate a “sensitive material review.” After communicating our concerns with Senator Weiler, and in partnership with Utah Library Association (ULA), a 1st and 2nd substitute was made that lessens harmful effects of the bill. These changes include:
- A pathway for the State Board of Education to vote to overturn the removal of instruction materials, which could include school library books
- Further specifying individuals who can trigger a “sensitive material review” within an LEA
We are still opposed to the bill, however, we are grateful for the work of Senator Weiler to listen to our concerns and incorporate the changes that he did to preserve local control for LEAs.
HB43 - Charitable Solicitations Act Amendments
Status: Passed
Sponsors: Representative Maloy, Senator Bramble
Notes: This bill clarifies the definition of deceptive practices utilizing a charitable solicitation and consequences that arise from committing a “deceptive act.” Additionally, it removes and replaces requirements for charitable organizations to report to the Division of Consumer Protection and creates new filing requirements for professional fundraisers. In consultation with our partners at Utah Division of Arts & Museums, we do not have current concerns with this bill.
HB 78 - Motion Picture Incentives Amendments
Status: Passed
Sponsors: Representative Stenquist, Senator Winterton
Notes: This bill removes the sunset date for the Rural Film Economic Incentives Program and instead establishes that the Economic Development and Workforce Services Interim Committee will review the program every two years starting in 2025. This bill was attached to a requested funding amount that was initially $12 million ongoing. After negotiations, the bill now allocates $12 million one-time in both FY2025 and FY2026 for the Rural Film Economic Incentives Program through the Governors Office of Economic Opportunity (GOEO).
HB 115 - Cultural and Community Engagement Amendments
Status: Passed
Sponsors: Representative Watkins, Senator Sandall
Notes: This bill addressed several items within the Utah Department of Cultural and Community Engagement (CCE) to allow the department to work more efficiently and provide clarity. This included creating the Utah Arts and Museums Advisory Board with specifics on the number of members and appointment requirements, clarifying duties of the Utah Historical Society, and more. While this bill did pass, another bill HB 532 - State Boards and Commissions Modifications (addressed down below) also passed and overrides provisions regarding the Utah Arts and Museums Advisory Board (Board) established in this bill. This is not ideal as HB 532 further restricts the Board, however, this will most likely continue to be addressed within the Governor’s Office in the future.
HB 159 - Bears Ears Visitor Center Advisory Committee Repeal Amendments
Status: Passed
Sponsors: Representative Owens, Senator Hinkins
Notes: This bill, after several substitutions and changes, removes the Bears Ears Visitor Center Advisory Committee sunset on December 31, 2024 and instead creates a new sunset on December 31, 2026.
HB 302 - Paleontological Landmark Amendments
Status: Passed
Sponsors: Representative Elison, Senator Ipson
Notes: This bill specifies how a state paleontological landmark can be designated and addresses how control of the site does not change with the designation of being a state landmark. In addition, there are changes to when permits are required for the excavation of privately owned landmarks.
HB 335 - State Grant Process Amendments
Status: Passed
Sponsors: Representative Peterson, Senator Stevenson
Notes: This bill attempted to directly address eligibility requirements, funding distributions, and other items for receiving state grant funds. After four substitutions, many changes were incorporated into the bill that lessened its harmful effects on grants provided to the arts and cultural industry. While not everything we wanted to see was put in the bill, we are grateful for the changes that were put in. The changes include:
- As long as grant programs are already defined and established within other statutes, this bill no longer affects those grant programs. For example, since the Utah Division of Arts & Museums’ (UA&M) General Operating Support grants are already defined in statute, this bill no longer applies to that grant program
- The bill no longer restricts state grant programs to only “nonprofits and political subdivisions.” This allows for certain cultural organizations to still apply for state grant programs that are subject to the requirements of this bill.
Unfortunately, the largest request of extending the effective date of the bill to 2025 was not put in the bill. This means that our partners at the Utah Department of Cultural and Community Engagement (CCE) will be working quickly to try and define other state grant programs in separate statutes so that they are not subject to this bill.
HB 487 - Historic Preservation Amendments
Status: Not Passed
Sponsors: Representative Barlow, Senator Ipson
Notes: This bill attempted to direct the State Historic Preservation Office to conduct a 2025 calendar year public awareness campaign regarding the “importance of historic properties in the state and the benefits of preserving those historic properties.” Unfortunately, though there was support, it ultimately did not pass.
HB 532 - State Boards and Commissions Modifications
Status: Passed
Sponsors: Representative Musselman, Senator McCay
Notes: As mentioned in the notes for HB 115, this bill now overrides changes for Section 9-6-301 that establishes the Utah Arts and Museums Advisory Board. This bill mandates that the Board is only comprised of nine individuals rather than the “up to 17” individuals that the Utah Department of Cultural and Community Engagement (CCE) worked to establish in bill HB 115. While this is not ideal, at least the Board was not dissolved as many other Boards were dissolved affecting a wide variety of other areas of Utah government.
HB 558 - Transient Room Tax Revisions
Status: Not Passed
Sponsors: Representative Kera Birkland
Notes: This bill would have allowed counties to utilize Transient Room Tax (TRT) funds to pay for expenses offsetting the impacts of recreation, tourism, and conventions. In addition, it specified how much of the funds could be used for these purposes. However, the bill did not progress and did not pass.
HB 562 - Utah Fairpark Area Investment and Restoration District
Status: Passed
Sponsors: Representative Wilcox, Senator Fillmore
Notes: This bill is part of a greater vision to revitalize part of Salt Lake City. In addition to creating a new state district, this bill also sets a framework for building a state-owned baseball stadium in anticipation of securing a Major League Baseball team by 2032. This bill has been extremely negotiated behind closed doors and deals directly with in-state and out-of-state tourism for Utah. Because of its ties to tourism and entertainment, we will continue to monitor the activities set forth within this bill.
HB 583 - Student Access to Books
Status: Not Passed
Sponsors: Representative King
Notes: This bill is a direct challenge to bill HB 29 - Sensitive Materials Review Amendments. This bill would have included many of the changes that we wanted to see and advocated for in HB 29, including:
- Requiring that a challenged material be reviewed as a whole rather than taking individual segments of the material
- Requiring that challenged materials are not removed until the the review is complete
- Provides legal protections to librarians and other school employees in relation to any challenged materials
While we did support this bill, unfortunately, the bill was never taken to committee and was struck down before being moved from the Rules committee. We will continue to monitor further bills like this one in future General Sessions.
HCR 1 - Concurrent Resolution Recognizing the U.S.S. Utah
Status: Passed
Sponsors: Representative Elison, Senator Vickers
Notes: This resolution details the history of the attack on the U.S.S. Utah at Pearl Harbor and declares December 7 as Pearl Harbor Remembrance Day.
HCR 6 - Concurrent Resolution Celebrating the 75th Anniversary of Tanner Dance Utah
Status: Passed
Sponsors: Representative Dailey-Provost, Senator Plumb
Notes: This resolution recognizes the 75th anniversary of the University of Utah’s Tanner Dance and honors Virginia Tanner and the past and current staff and faculty of Tanner Dance.
HCR 8 - Concurrent Resolution Creating the Butch Cassidy State Monument
Status: Passed
Sponsors: Representative Albrecht, Senator Owens
Notes: This resolution establishes the creation of the Butch Cassidy State Monument on land within Garfield County to be managed by both Garfield and Piute counties.
HCR 10 - Concurrent Resolution Honoring Utah's Salvadoran Community
Status: Not Passed
Sponsors: Representative Rohner, Senator Wilson
Notes: This resolution aimed to honor the Salvadoran-American community in Utah and its contributions to the well-being of the state. Unfortunately, the resolution did not pass before the end of the Session.
SB 36 - Heber Valley Historic Railroad Authority Sunset Amendments
Status: Passed
Sponsors: Senator Harper, Representative Kohler
Notes: This bill extends the sunset for the Heber Valley Historic Railroad Authority for another five years.
SB 144 - Public Art Funding Amendments
Status: Passed
Sponsors: Senator Millner, Representative Hawkins
Notes: This bill aims to set aside a portion of the appropriations for Utah Division of Arts & Museums’ (UA&M) 1-percent for art program to establish a new matching fund that would allow for the creation and establishment of public art within Salt Lake County. This bill is primarily in anticipation of the Winter Olympics coming to Salt Lake City.
After many rounds of revision and the willingness of the bill’s sponsors to listen to us and UA&M on sought-after changes, the bill now:
- Increases the percent for art program cap to be $250,000 for new state buildings or facilities within Salt Lake County (first-class county)
- The stipulations and requirements for the new fund no longer apply to the Percent for Art program already established
As a result of these changes, UA&M is no longer concerned about this bill and we thank Senator Millner and our lobbyist Dan Hemmert for working with us to put in meaningful change to this bill that benefits everyone.
SB 175 - Designation of Ballet West's the Nutcracker as a State Landmark
Status: Passed
Sponsors: Senator Escamilla, Representative Peterson
Notes: This bill establishes a new framework for creating a new designation of “living historic landmarks” and designates Ballet West’s Willam Christensen’sThe Nutcracker as the first “living historic landmark.” There was severe opposition to this bill in the House as they did not agree to a new landmark designation but the bill ultimately passed.
SB 245 - County Sales and Use Tax Amendments
Status: Passed
Sponsors: Senator Fillmore, Representative Tuescher
Notes: This bill attempts to make changes to the distribution formula for Salt Lake County Zoo, Arts, & Parks (ZAP). This bill was immediately addressed by UCA, our partners at Salt Lake County Arts & Culture, and by the ZAP reauthorization committee. As such, there were many changes quickly incorporated into the bill including:
- The redistributions enacted in the bill only apply to zoological organizations now rather than both Tier I and Tier II grant recipients
- The effective date is now in 2025 instead of 2024, allowing Salt Lake County to establish an “equitable” distribution formula for zoological organizations in the county
We are immensely grateful to Senator Fillmore for hearing our and our partners’ wishes on this bill and for allowing time for Salt Lake County to establish fixes that work for everyone.
SB 272 - Capital City Reinvestment Zone Amendments
Status: Passed
Sponsors: Senator McCay, Representative Hawkins
Notes: This bill is a highly negotiated bill and has been worked on since April of 2023. With that being said, this bill specifically creates a sales and use tax, up to .5% in designated areas (Salt Lake City) that allows for the funding of improvements within a designated “Revitalization Zone.” These improvements could include improved infrastructure, public facilities, and a new stadium. We are monitoring this bill because of its close ties to downtown economic development and potential tourism that could benefit the arts and cultural industry.
SCR 1 - Concurrent Resolution Recognizing School Support Staff
Status: Passed
Sponsors: Senator Fillmore, Representative Thurston
Notes: This resolution celebrates the contributions and efforts of school support staff within public education settings. Specifically, librarians are called out as playing a “crucial part of the educational journey.”
SCR 6 - Concurrent Resolution Creating the Golden Spike State Monument
Status: Passed
Sponsors: Senator Sandall, Representative Peterson
Notes: This resolution creates the Golden Spike State Monument within Brigham City, Utah as well as detailing why the Monument is created.
SJR 9 - Joint Resolution Honoring Utah's Native Hawaiian and Pacific Islander Cultures and Communities
Status: Passed
Sponsors: Senator Kwan, Representative Clancy
Notes: This resolution details the contributions of Native Hawaiian and Pacific Islander communities to the prosperity of Utah and encourages residents to participate in events that celebrate these communities and cultures.
SJR 14 - Joint Resolution Honoring the 125th Anniversary of the Division of Arts and Museums
Status: Passed
Sponsors: Senator Kwan, Representative Peterson
Notes: This resolution acknowledges the 125th Anniversary of the Utah Division of Arts & Museums (UA&M) and the cultural and economic impact driven by the arts and cultural industry throughout the state.
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