BILL REQ. #:  H-3743.1 

Prefiled 12/07/09. Read first time 01/11/10.   Referred to Committee on Finance.

     AN ACT Relating to a property tax exemption for property owned by a nonprofit organization and used for the purpose of a farmers market; amending RCW 84.36.037; and creating a new section.

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

Sec. 1   RCW 84.36.037 and 2006 c 305 s 3 are each amended to read as follows:
     (1) Real or personal property owned by a nonprofit organization, association, or corporation in connection with the operation of a public assembly hall ((or)), meeting place, or farmers market is exempt from taxation. The area exempt under this section includes the building or buildings, the land under the buildings, and an additional area necessary for parking, not exceeding a total of one acre. When property for which exemption is sought is essentially unimproved except for restroom facilities and structures and this property has been used primarily for annual community celebration events for at least ten years, the exempt property shall not exceed twenty-nine acres.
     (2) To qualify for this exemption the property must be used exclusively for public gatherings or activities consistent with a farmers market and must be available to all organizations or persons desiring to use the property, but the owner may impose conditions and restrictions which are necessary for the safekeeping of the property and promote the purposes of this exemption. Membership shall not be a prerequisite for the use of the property.
     (3) The use of the property for pecuniary gain or for business activities, except as provided in this section, nullifies the exemption otherwise available for the property for the assessment year. The exemption is not nullified by:
     (a) The collection of rent or donations if all funds collected are used for capital improvements to the exempt property, maintenance and operation of the exempt property, or for exempt purposes.
     (b) Fund-raising activities conducted by a nonprofit organization.
     (c)(i) Except as provided in (c)(ii) of this subsection, the use of the property for pecuniary gain, for business activities for periods of not more than fifteen days each assessment year so long as all income received from rental or use of the exempt property is used for capital improvements to the exempt property, maintenance and operation of the exempt property, or for exempt purposes.
     (ii) The use of the property for pecuniary gain or for business activities, where the property is used for activities related to a qualifying farmers market, as defined in RCW 66.24.170, as long as all income received from rental or use of the exempt property is used for capital improvements to the exempt property, maintenance and operation of the exempt property, or exempt purposes.
     (d) In a county with a population of less than twenty thousand, the use of the property to promote the following business activities: Dance lessons, art classes, or music lessons.
     (e) An inadvertent use of the property in a manner inconsistent with the purpose for which exemption is granted, if the inadvertent use is not part of a pattern of use. A pattern of use is presumed when an inadvertent use is repeated in the same assessment year or in two or more successive assessment years.
     (4) The department of revenue ((shall)) must narrowly construe this exemption.

NEW SECTION.  Sec. 2   This act applies to taxes levied for collection in 2011 and thereafter.