BILL REQ. #:  H-0395.1 

Read first time 01/21/09.   Referred to Committee on Finance.

     AN ACT Relating to the use by noneligible entities of tax exempt property owned by certain organizations; and amending RCW 84.36.060.

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

Sec. 1   RCW 84.36.060 and 2003 c 121 s 1 are each amended to read as follows:
     (1) The following property shall be exempt from taxation:
     (a) All art, scientific, or historical collections of associations maintaining and exhibiting such collections for the benefit of the general public and not for profit, together with all real and personal property of such associations used exclusively for the safekeeping, maintaining and exhibiting of such collections;
     (b) All the real and personal property owned by or leased to associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works for the benefit of the general public and not for profit, which real and personal property is used exclusively for this production or performance;
     (c) All fire engines and other implements used for the extinguishment of fire, and the buildings used exclusively for their safekeeping, and for meetings of fire companies, as long as the property belongs to any city or town or to a fire company; and
     (d) All property owned by humane societies in this state in actual use by the societies.
     (2) To receive an exemption under subsection (1)(a) or (b) of this section:
     (a) An organization must be organized and operated exclusively for artistic, scientific, historical, literary, musical, dance, dramatic, or educational purposes and receive a substantial part of its support (exclusive of income received in the exercise or performance by such organization of its purpose or function) from the United States or any state or any political subdivision thereof or from direct or indirect contributions from the general public.
     (b) If the property is not currently being used for an exempt purpose but will be used for an exempt purpose within a reasonable period of time, the nonprofit organization, association, or corporation claiming the exemption must submit proof that a reasonably specific and active program is being carried out to construct, remodel, or otherwise enable the property to be used for an exempt purpose. The property does not qualify for an exemption during this interim period if the property is used by, loaned to, or rented to a for-profit organization or business enterprise. Proof of a specific and active program to build or remodel the property so it may be used for an exempt purpose may include, but is not limited to:
     (i) Affirmative action by the board of directors, trustees, or governing body of the nonprofit organization, association, or corporation toward an active program of construction or remodeling;
     (ii) Itemized reasons for the proposed construction or remodeling;
     (iii) Clearly established plans for financing the construction or remodeling; or
     (iv) Building permits.
     (3) The use of property exempt under subsection (1)(a) or (b) of this section by entities not eligible for a property tax exemption under this chapter, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified if:
     (a) The property is used by entities not eligible for a property tax exemption under this chapter:
     (i) For periods of not more than twenty-five days in the calendar year; or
     (ii) For periods of not more than fifty days in the calendar year, if the following conditions are met:
     (A) The property: (I) Meets the requirements in subsection (1)(a) of this section; (II) is located in unincorporated territory; and (III) is no closer than ten miles to an incorporated jurisdiction with a population of fifteen thousand persons or more; and
     (B) The loan or rental of the property in excess of twenty-five days is only permitted for meetings of nonprofit organizations;
     (b) The property is not used for pecuniary gain or to promote business activities for more than seven of the twenty-five days in the calendar year;
     (c) The property is used for artistic, scientific, or historic purposes, for the production and performance of musical, dance, artistic, dramatic, or literary works, or for community gatherings or assembly, or meetings; and
     (d) The amount of any rent or donations is reasonable and does not exceed maintenance and operation expenses created by the user.