ESHB 1796 -
By Committee on Economic Development, Trade & Management
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that nonprofit
organizations and associations engaged in the education and training of
people, located in economically disadvantaged areas, who are involved
in the creation and expansion of businesses with marketable products
and services in a physical location provide many public benefits to the
people of the state of Washington. Therefore, the legislature finds
that it is in the best interest of the state to provide a limited
property tax exemption for the use of these facilities by certain
organizations in order to be self-sustaining for their exempt purposes.
NEW SECTION. Sec. 2 A new section is added to chapter 84.36 RCW
to read as follows:
(1) The real and personal property owned and used by a nonprofit
organization is exempt from property taxes levied for any state purpose
if the property is:
(a) Located in an economically distressed area; and
(b) Used to provide shared use of equipment and work areas and
daily technical resources and daily management support services that
enable small start-up and emerging businesses to become successful.
(2) The organization or association must meet all of the additional
following conditions:
(a) The organization is organized and conducted for nonsectarian
purposes;
(b) The organization is qualified for exemption under section
501(c)(3) of the federal internal revenue code;
(c) The organization is governed by a volunteer board of directors
of at least five members;
(d) The organization charges fair market rent to the businesses
that use that organization's work areas; and
(e) Is certified by the department of community, trade, and
economic development as a "qualified small business incubator" under
chapter 43.176 RCW that meets the requirements of this act.
(3) In 2010 any nonprofit organization claiming the exemption under
subsection (1) of this section must report to the department the number
of businesses served by the nonprofit and the types of services
provided. Nonprofits failing to report to the department are
ineligible for the exemption under subsection (1) of this section. The
department shall compile the information and share it with the
appropriate committees of the legislature.
(4) The department of revenue may revoke a small business
incubator's property tax exemption under this section upon clear and
convincing evidence that the small business incubator is not complying
with the requirements of this section.
(5) In order to maintain eligibility to receive the exemption under
this section, a nonprofit organization that otherwise meets the
requirements in subsection (2) of this section must: (a) Apply for the
Washington state quality award within two years after first receiving
the exemption in this section; and (b) reapply for the Washington state
quality award at least once every three years after the initial
application for the award program.
(6) For the purposes of this section, the following definitions
apply:
(a) "Economically distressed area" means a rural county as defined
in RCW 82.14.370, a county with a community empowerment zone under RCW
43.31C.020, or a community empowerment zone under RCW 43.31C.020.
(b) "Emerging business" means a business that is: (i) Engaged in
activities related to the development of initial product or service
offerings, such as prototype development or establishment of initial
production or services processes; (ii) less than five years old and
during the previous fiscal year had gross revenues of no more than two
million dollars; or (iii) in a growth mode, expanding its operation or
its market.
(c) "Start-up business" means a formal business venture that: (i)
Is involved in activities related to the development of initial product
or service offerings, such as prototype development or establishment of
initial production or services processes; (ii) is less than three years
old and during the previous fiscal year had gross revenues of no more
than two million dollars; and (iii) has fewer than twenty employees.
(7) The exemption may not be taken for taxes due after January 1,
2016.
NEW SECTION. Sec. 3 This act applies to taxes levied for
collection in 2008 and thereafter."
ESHB 1796 -
By Committee on Economic Development, Trade & Management
On page 1, line 3 of the title, after "enterprises;" strike the remainder of the title and insert "adding a new section to chapter 84.36 RCW; and creating new sections."