2402-S AMS ARED S5004.1

SHB 2402  - S COMM AMD
     By Committee on Agriculture & Rural Economic Development

ADOPTED 03/03/2010

     On page 2, after line 35, insert the following:

"Sec. 2   RCW 84.36.020 and 1994 c 124 s 16 are each amended to read as follows:
     The following real and personal property ((shall be)) is exempt from taxation:
     (1) All lands, buildings, and personal property required for necessary administration and maintenance, used, or to the extent used, exclusively for public burying grounds or cemeteries without discrimination as to race, color, national origin or ancestry;
     (2) All churches, personal property, and the ground, not exceeding five acres in area, upon which a church of any nonprofit recognized religious denomination is or ((shall)) will be built, together with a parsonage, convent, and buildings and improvements required for the maintenance and safeguarding of such property. The area exempted ((shall)) in any case includes all ground covered by the church, parsonage, convent, and buildings and improvements required for the maintenance and safeguarding of such property and the structures and ground necessary for street access, parking, light, and ventilation, but the area of unoccupied ground exempted in such cases, in connection with church, parsonage, convent, and buildings and improvements required for the maintenance and safeguarding of such property, ((shall)) does not exceed the equivalent of one hundred twenty by one hundred twenty feet except where additional unoccupied land may be required to conform with state or local codes, zoning, or licensing requirements. The parsonage and convent need not be on land contiguous to the church property. Except as otherwise provided in this subsection, to be exempt the property must be wholly used for church purposes((: PROVIDED, That)). The loan or rental of property otherwise exempt under this ((paragraph)) subsection to a nonprofit organization, association, or corporation, or school for use for an eleemosynary activity ((shall)) or for use for activities related to a farmers market, does not nullify the exemption provided in this ((paragraph)) subsection if the rental income, if any, is reasonable and is devoted solely to the operation and maintenance of the property. However, activities related to a farmers market may not occur on the property more than fifty-three days each assessment year. For the purposes of this section, "farmers market" has the same meaning as "qualifying farmers market" as defined in RCW 66.24.170."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

SHB 2402  - S COMM AMD
     By Committee on Agriculture & Rural Economic Development

ADOPTED 03/03/2010

     On page 1, line 2 of the title, after "market;" strike the remainder of the title and insert "amending RCW 84.36.037 and 84.36.020; creating a new section; and providing an expiration date."

EFFECT:  Exempts from property taxation church property loaned or rented to a nonprofit organization for use by a qualifying farmers market. Rental income must be reasonable and devoted solely to operation and maintenance of the property. Mirrors underlying bill by: (1) Referencing same "farmers market" definition; and (2) providing that market activities may not occur more than 53 days each assessment year. Does not change provisions in underlying bill specifying that: (1) Act applies to taxes levied for collection in 2011 through 2020; and (2) act expires December 31, 2020.

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