2023 Legislative Priorities Summary

Recording of our 2023 Priorities Cultural Industry Update

2023 Legislative One Sheet

2023 Legislative Priority Details

Advocacy Tools for UCA Members Track 2023 Bills (Member Tool)

INFORMATION ABOUT $5M ARTS & MUSUMS GRANT REQUEST: 

Our 2023 request is part of a five year goal to build arts & museums to $15M annually. Why $15M? The Utah Cultural Alliance, with the support of the Department of Cultural and Community Engagement and Utah Arts & Museums undertook an extensive survey of the cultural institutions in the state of Utah. Executive Directors and industry analysts have identified that if the state can grow its investment in the cultural industry to $15 million (ongoing) over time, that it will have a significant positive impact on long term stability for cultural institutions and citizen's access to these valuable services. The investment identified this year in the Governor's budget of $5 million (divided between ongoing and one-time) is a necessary step to reaching the longer term goal. 

With $15 million in grant funding, our industry’s crown jewel organizations could receive up to $500,000 for general operations. The fact that the Utah Arts & Museums grants budget was not increased for more than 20 years has created a need that is taking some time to remedy. The statistics show that Utahns participate in cultural offerings at a higher percentage than other places in the nation. With the oversight of the Utah Arts Board and the Utah Museums Board, the grants provided by Utah Arts & Museums are given to support organizations where they are most in need. There is a high level of transparency in how the grants are managed, and the expectation that the funded organizations will provide cultural enrichment to all of the citizens of Utah continues to improve the quality of living in this state. 

INFORMATION ABOUT THE K-12 STEAM EDUCATION REQUESTS:

The request for BTS Arts is $9.8M in on-going funds, this amount will:

  • Expand the program to all schools and LEAs reaching all elementary K-6 students in Districts and Charters
  • Allows for the addition of about 80 arts educators
  • Provides increased opportunity to elementary students across the state, especially in rural areas

Fine Arts Outreach (POPS) Line Item:

Increase legislative request of $600,000 to add three “Provisional Status” Professional Outreach Programs in Schools (POPS) organizations (Plan-B Theatre, Utah Museum of Contemporary Art, and Nora Eccles Harrison Museum of Art at USU) into the Fine Art Outreach Line Item, along with the twelve other leading POPs arts organizations. This appropriation provides them ongoing funding and requires a 1:1 match. This appropriation provides ongoing funding needed to continue providing high-quality arts learning that meet Utah Core Standards. This ongoing funding follows a 4-year provisional period where these three organizations demonstrated their ability to deliver arts education programs and meet POPs and Utah Dept. of Education requirements. They serve every Utah School District over a 3-year period.

INFORMATION ABOUT SB138: Fraudulent Ticket Sales Modifications

Protects Utah Consumers and Utah’s Arts & Entertainment Businesses from Increasing Fraudulent & Deceptive Ticket Reselling Practices


The secondary ticket sales market is booming! However, the market is a bit like the wild, wild west and it’s time to put up better fences to protect our consumers, artists, and arts and entertainment businesses.

The ticket resale market is a valid business, and primarily operates online in both Utah and nationally. However, within the resale marketplace, there is rampant fraud and widespread deceptive business practices designed to take money from unsuspecting patrons and legitimate arts and entertainment businesses. 

In the past several months, Utah has experienced a significant increase in fraudulent ticket sales as reported by primary ticket sellers, arts and entertainment organizations, and from formal and anecdotal reports from affected patrons. Nationally, the US Senate Judiciary Committee is looking into deceptive resale practices, with our own Senator Mike Lee strongly supporting the need to address rampant fraud.

It is time for Utah to enact legal protections to address deceptive ticket sales practices and enact strong legislation to protect both our consumers and businesses that depend on ticket revenues. Utah Senate Bill 138 - Fraudulent Ticket Sales Modifications, addresses these predatory ticket resale practices with new ways to protect consumers and businesses in the State. It also updates and strengthens existing protections covered by Utah’s 2019 Ticket Website Sales Act and Ticket Transferability Act. 

Enforcement of Utah ticketing laws is the responsibility of Utah Consumer Protection. They investigate infractions and collect a $2,500 fine for each infraction. 

SB138, is sponsored by Utah Senator Scott Sandall, and informed by the Utah Cultural Alliance, Utah’s industry association for arts and culture businesses. UCA thanks Sen. Sandall for championing this policy!

Highlights of SB138 include: 

  1. Out-of-state online Ticket Resellers (Resellers) are now subject to existing Utah State Laws.
  2. Any online ticket seller must clearly disclose if they are a primary or secondary seller with pop-up notices, and on each sales page. Ticket buyers are required to affirm they understand they are purchasing tickets from a Reseller. 
  3. Resellers are prohibited from selling more than one copy of the same ticket and must disclose if a ticket is speculative (sold before event is on sale to the public).
  4. Resellers are prohibited from using certain intellectual property without written authorization (organization logos, event artwork, etc.) to deceive consumers with copycat websites.
  5. Resellers are required to provide refunds if an event is cancelled or if the tickets they sold are counterfeit.

SB138 Text & Status

 

INFORMATION ABOUT HB119: Charitable Registration Amendments

The Charitable Solicitation Permit required by Consumer Protections is sometimes a barrier for small and emerging nonprofits to secure grants from the state. Further, the information required in this annual permit application is duplicative of information that nonprofits already must report to four different entities of state government. Indeed all information required by the permit is also readily available online on locations where potential donors are more likely to research charities such as the IRS's website, Charity Navigator, Better Business Bureau, Pro Publica, and Candid (formerly known as Guidestar). 

Long term, UCA would like to eliminate or simplify this permit renewal to be remove duplicative regulation and simplify the reporting/renewal process to make it easier for small charities. Consumer Protections is currently undergoing a consultant-led audit of all required permits that will not conclude until March. Hence, the first substitute reflects a compromise to allow Consumer Protections to finish their audit. HB119 simply exempts 501(c)6 (chamber of commerce) from needing the permit as well as exempts state granting entities from requiring an approved permit before nonprofits apply for funding. This will allow new/emerging nonprofits to apply into Utah Division of Arts & Museums general operating grants. This grant only opens once every two years and closes on March 10, 2023. 

UCA thanks Rep. Dunnigan and Sen. Bramble for championing this effort!

HB119 Text & Status