BILL REQ. #:  H-3258.2 

Read first time 01/11/2006.   Referred to Committee on Finance.

     AN ACT Relating to the excise taxation of nonprofit organizations organized and operated for zoological purposes; amending RCW 82.04.4328; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that publicly owned zoological facilities in Washington serve a public purpose by providing educational and recreational opportunities for Washington citizens and spurring economic development in the state. The legislature also finds that private funds are critical to the survival of publicly owned zoological facilities. When a public owner of a zoological facility contracts with a nonprofit corporation to raise private funds through the management and operations of the facility, additional excise taxes apply. The legislature intends these nonprofit organizations to pay the same taxes as other nonprofit artistic and cultural organizations within the state.

Sec. 2   RCW 82.04.4328 and 1985 c 471 s 7 are each amended to read as follows:
     (1) For the purposes of RCW 82.04.4322, 82.04.4324, 82.04.4326, 82.04.4327, 82.08.031, and 82.12.031, the term "artistic or cultural organization" means an organization which is organized and operated exclusively for the purpose of providing artistic ((or)), cultural, or zoological exhibitions, presentations, or performances or cultural ((or)), art, or zoological education programs, as defined in subsection (2) of this section, for viewing or attendance by the general public. The organization must be a not-for-profit corporation under chapter 24.03 RCW and managed by a governing board of not less than eight individuals none of whom is a paid employee of the organization or by a corporation sole under chapter 24.12 RCW. In addition, to qualify for deduction or exemption from taxation under RCW 82.04.4322, 82.04.4324, 82.04.4326, 82.04.4327, 82.08.031, and 82.12.031, the corporation shall satisfy the following conditions:
     (a) No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws;
     (b) Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the state;
     (c) Assets of the corporation must be irrevocably dedicated to the activities for which the exemption is granted and, on the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any member or individual except a nonprofit organization, association, or corporation which also would be entitled to the exemption;
     (d) The corporation must be duly licensed or certified when licensing or certification is required by law or regulation;
     (e) The amounts received that qualify for exemption must be used for the activities for which the exemption is granted;
     (f) Services must be available regardless of race, color, national origin, or ancestry; and
     (g) The director of revenue shall have access to its books in order to determine whether the corporation is exempt from taxes.
     (2) The term "artistic ((or)), cultural, or zoological exhibitions, presentations, or performances or cultural ((or)), art, or zoological education programs" includes and is limited to:
     (a) An exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums;
     (b) A musical or dramatic performance or series of performances; ((or))
     (c) An educational seminar or program, or series of such programs, offered by the organization to the general public on an artistic, cultural, or historical subject; or
     (d) Exhibits, presentations, performances, or educational programs provided at a publicly owned zoological facility operated by a nonprofit organization.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.