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Senate approves $200,000 cap on 1% for public art after debate

Utah State Senate · February 26, 2020
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Summary

Lawmakers passed First Substitute Senate Bill 109 to cap the 1% for art allocation on new state construction projects at $200,000 and provide a preference to local artists, despite floor objections from some senators who argued the cap could diminish public art.

First Substitute Senate Bill 109 was the subject of extended debate before the Utah Senate on May 9. The bill preserves the existing 1% allotment for public art in new state construction but caps the practical expenditure at $200,000 per project and includes language to prefer local artists in procurement or selection when feasible. The sponsor characterized the cap as a fiscal restraint meant to prevent disproportionately large art expenditures on very expensive projects.

Opponents on the floor argued that the 1% allocation serves a public-value purpose — adding art to public architecture and supporting local artists — and contended that a hard cap could limit opportunities. Senator Kitchen said she was uncomfortable putting a fixed cap on public art spending because art can be ‘‘expensive’’ and project-specific needs vary; others described alternatives such as using the state art collection or rotating works from archives. The director of the Division of Facilities Construction & Management (speaking in support) said the archival collection could be used and that the cap had buy-in from arts stakeholders, per the sponsor.

After discussion, the Senate approved the bill for third reading on a roll-call vote of 23–1 (5 absent). The bill includes immediate implementation language subject to the statutory process that governs state construction projects.