BILL REQ. #:  S-4778.1 

Read first time 02/14/12.   Referred to Committee on Ways & Means.

     AN ACT Relating to the sale of works of art in the state art collection; and adding new sections to chapter 43.46 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 43.46 RCW to read as follows:
     (1)(a) The Washington state arts commission shall conduct an inventory of all works of art purchased and commissioned or under the care of:
     (i) The visual arts program that have become a part of the state art collection under RCW 43.46.090, 43.17.200, 43.19.455, 28B.10.025, or 28A.335.210; and
     (ii) The department of enterprise services.
     (b) The Washington state arts commission must complete the inventory by October 1, 2012, and every two years thereafter.
     (2)(a) The Washington state arts commission shall, in communication with others, including, but not limited to, the directors of state agencies, the superintendent of public instruction and the school district boards of directors, the boards of regents of the University of Washington and Washington State University, and with the boards of trustees of the regional universities, The Evergreen State College, and the community college districts, determine appropriate works of art to be made available for public auction.
     (b) The Washington state arts commission must create a list of art work with an estimated value of at least five million dollars to be offered for sale at a public auction.
     The Washington state arts commission may contract with an appraiser to determine the value of the art work included on the list. The appraisal, at a minimum, must be an estimate of the market value of the piece of art work.
     (c) The Washington state arts commission must incorporate on their agency's web site a listing of all the works of art with their appraised value. The art works' listing on the web site must be made available to the public at least thirty days in advance of the public auction. Notice of the public auction must be made at least thirty days in advance of the event.
     (d) Sales by public auction under this section shall be conducted under the direction of the Washington state arts commission or by an authorized representative selected by the commission.
     (e) The works of art shall be sold to the highest bidder at public auction. A minimum bid must be set for each item, if the bids are not sufficient or appropriate, the art item may be withdrawn from the auction.
     (i) On or before the time specified in the auction notice, the Washington state arts commission or authorized representative must determine a preapproval process for prospective bidders that may include a deposit in cash or by credit card, or certified check, cashier's check, or money order made payable to the Washington state arts commission.
     (ii) If a deposit is required, the successful bidder's deposit must be retained by the Washington state arts commission and the difference, if any, between the deposit and the total amount due must on the day of the sale be paid in cash, certified check, cashier's check, bank draft, or money order, made payable to the commission. Other deposits, if any, shall be returned to the respective bidders at the conclusion of the sale.
     (f) The Washington state arts commission must conduct an auction by June 2013 and every two years thereafter.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.46 RCW to read as follows:
     (1) The Washington art work sales account is created in the custody of the state treasurer. All moneys received from the sale of art work under section 1 of this act must be deposited in the account.
     (2) Moneys in the account may be used for the costs and expenses necessarily incurred in the managing and administering of the public auctions under section 1 of this act.
     (3) Only the executive director of the Washington state arts commission or their designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (4) Each fiscal year, after expenses have been deducted for:
     (a) The managing and administering of the public auctions; and
     (b) Any financial obligations to the artists, according to the artist's contract;
the remaining revenue must be distributed as follows:
     (i) Forty percent shall be retained in the account by the Washington state arts commission to be used for the visual arts program including, but not limited to, conservation of the state art collection, art education, and encouraging aspiring professional artists; and
     (ii) Sixty percent shall be transferred to the Washington opportunity pathways account under RCW 28B.76.526 to fund state need grants for higher education students.