SSB 5882 -
By Senators Padden, Cleveland, Rivers
NOT ADOPTED 06/28/2013
On page 63, after line 29 of the amendment, insert the following:
Sec. 1901 RCW 84.36.020 and 2010 c 186 s 2 are each amended to
read as follows:
The following real and personal property 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)(a) 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 will be built, together with a
parsonage, convent, and buildings and improvements required for the
maintenance and safeguarding of such property. The area exempted 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, 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.
(b)(i) The exemption provided in this subsection (2) is not
nullified by:
(A) The loan or rental of property otherwise exempt under this
subsection (2) to a nonprofit organization, association, or
corporation, or school for use for:
(I) An eleemosynary activity ((or for use for)); or
(II) Activities related to a farmers market, ((does not nullify the
exemption provided in this subsection if the rental income, if any, is
reasonable and is devoted solely to the operation and maintenance of
the property. However,)) if such activities ((related to a farmers
market may)) do 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; or
(B) The use of the property for pecuniary gain, if the use of the
property is a fund-raising activity for the nonprofit religious
organization and such use does not exceed fifteen days each assessment
year.
(ii) Rental income, if any, for uses specified under (b)(i) of this
subsection (2) must be reasonable and devoted to the operation and
maintenance of the property or capital improvements for the property.
Sec. 1902 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)(a) 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. To be exempt the property must be
wholly used for church purposes((: PROVIDED, That))
(b)(i) The exemption provided in this subsection (2) is not
nullified by:
(A) The loan or rental of property otherwise exempt under this
((paragraph)) subsection (2) to a nonprofit organization, association,
or corporation, or school for use for an eleemosynary activity ((shall
not nullify the exemption provided in this paragraph if the rental
income, if any, is reasonable and is devoted solely to the operation
and maintenance of the property)); or
(B) The use of the property for pecuniary gain, if the use of the
property is a fund-raising activity for the nonprofit religious
organization and such use does not exceed fifteen days each assessment
year.
(ii) Rental income, if any, for uses specified under (b)(i) of this
subsection (2) must be reasonable and devoted to the operation and
maintenance of the property or capital improvements for the property.
NEW SECTION. Sec. 1903 Section 1901 of this act expires December
31, 2020.
NEW SECTION. Sec. 1904 Section 1902 of this act takes effect
December 31, 2020."
Renumber the remaining sections and part headings consecutively and correct any internal references accordingly.
SSB 5882 -
By Senators Padden, Cleveland, Rivers
NOT ADOPTED 06/28/2013
On page 64, line 21 of the title amendment, after "82.08.963," strike "and 82.12.963" and insert "82.12.963, 84.36.020, and 84.36.020"
EFFECT: Allows a nonprofit religious organization to loan or rent its property for nonqualifying uses up to 15 days each year without nullifying its property tax exemption.