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Multiple Agency Fiscal Note Summary — Bill 1967 S HB, Nonprofits/property tax, Final

Summary

A Multiple Agency Fiscal Note Summary for Bill Number 1967 S HB, titled Nonprofits/property tax, marked Final 2/18/2022 and prepared by Cheri Keller, OFM. The rollup lists the Department of Revenue at 0 estimated operating and capital expenditures. It is followed by a Department of Revenue fiscal note and a Department of Commerce local government fiscal note, which checks No fiscal impacts. The Revenue note describes a proposal to reinstate the provision allowing churches and public assembly halls to host farmers' markets for 53 days per assessment year, with an effective date beginning with property taxes collected in Calendar Year 2023. It estimates approximately $595 for 10 hours of work in the first year and approximately $1,785 for 30 hours in the second year, absorbed within current funding.

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“Multiple Agency Fiscal Note Summary — Bill 1967 S HB, Nonprofits/property tax, Final.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-22-a29904-d243584-1967-fn-final-02-18-22-8aece6a481/, SHA-256 5e59bea1c922553a80d4876a3f96101f92d544076f51fef39b07c101a07e7126.

Full text

                                    Multiple Agency Fiscal Note Summary
   Bill Number: 1967 S HB                                       Title: Nonprofits/property tax

Estimated Cash Receipts
          NONE

  Agency Name                                               2021-23                                            2023-25                                   2025-27
                                                    GF- State       Total                               GF- State      Total                      GF- State      Total
  Local Gov. Courts
  Loc School dist-SPI
  Local Gov. Other                                No fiscal impact

  Local Gov. Total

Estimated Operating Expenditures
Agency Name                              2021-23                                                    2023-25                                                       2025-27
                    FTEs      GF-State       NGF-Outlook           Total       FTEs      GF-State       NGF-Outlook       Total       FTEs        GF-State       NGF-Outlook    Total
Department of          .0                0              0                  0        .0              0              0              0     .0                   0              0           0
Revenue

         Total $       0.0               0              0                  0    0.0                 0              0              0     0.0                  0              0           0

Agency Name                                    2021-23                                                  2023-25                                       2025-27
                             FTEs        GF-State                  Total            FTEs       GF-State                Total          FTEs        GF-State             Total
 Local Gov. Courts
 Loc School dist-SPI
 Local Gov. Other            No fiscal impact

 Local Gov. Total

Estimated Capital Budget Expenditures
 Agency Name                                    2021-23                                               2023-25                                         2025-27
                             FTEs             Bonds                  Total            FTEs          Bonds               Total         FTEs           Bonds              Total
 Department of Revenue            .0                       0                    0        .0                    0                  0          .0                  0              0

                   Total $       0.0                        0                   0        0.0                   0                  0      0.0                     0              0


Agency Name                                     2021-23                                                 2023-25                                        2025-27
                             FTEs            GF-State               Total           FTEs       GF-State                Total          FTEs         GF-State             Total
 Local Gov. Courts
 Loc School dist-SPI
 Local Gov. Other             No fiscal impact

 Local Gov. Total


 Estimated Capital Budget Breakout
          NONE




        FNPID 64977
             :
  FNS029 Multi Agency rollup
Prepared by:   Cheri Keller, OFM   Phone:           Date Published:
                                   (360) 584-2207   Final 2/18/2022




    FNPID 64977
         :
FNS029 Multi Agency rollup
                                Department of Revenue Fiscal Note

Bill Number:       1967 S HB               Title:    Nonprofits/property tax                                  Agency: 140-Department of Revenue


Part I: Estimates
       No Fiscal Impact

Estimated Cash Receipts to:
          NONE

Estimated Expenditures from:
  NONE




 Estimated Capital Budget Impact:
          NONE




    The cash receipts and expenditure estimates on this page represent the most likely fiscal impact . Factors impacting the precision of these estimates ,
    and alternate ranges (if appropriate ), are explained in Part II.

   Check applicable boxes and follow corresponding instructions:
       If fiscal impact is greater than $50 ,000 per fiscal year in the current biennium or in subsequent biennia , complete entire fiscal note
       form Parts I-V.
  X    If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia , complete this page only (Part I).

  X    Capital budget impact, complete Part IV.

       Requires new rule making, complete Part V.


   Legislative Contact:       Dawn Eychaner                                                       360-786-7135
                                                                                              Phone:                           Date: 02/10/2022
   Agency Preparation:        Mark Studer                                                         360-534-1507
                                                                                              Phone:                           Date: 02/17/2022
   Agency Approval:           Valerie Torres                                                      360-534-1521
                                                                                              Phone:                           Date: 02/17/2022
   OFM Review:                Cheri Keller                                                        (360) 584-2207
                                                                                              Phone:                           Date: 02/17/2022

                                                                                                                                     Request # 1967-2-1
 Form FN (Rev 1/00) 176,133.00                                          1                                                               Bill # 1967 S HB
FNS062 Department of Revenue Fiscal Note
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
  Briefly describe, by section number, the significant provisions of the bill , and any related workload or policy assumptions , that have revenue or
  expenditure impact on the responding agency .
 Note: This fiscal note reflects language in SHB 1967, 2022 Legislative Session.

 CURRENT LAW:
 Nonprofit organizations may be eligible for an exemption from property tax. However, in most situations, nonprofit
 ownership is required to qualify for an exemption, and the organization must use and conduct an activity specified in statute.
 The use of the property determines the exemption, and not all nonprofit organizations qualify for an exemption.

 Nonprofit organizations are further restricted from using the exempt property for business purposes, except for no more than
 15 days each year. The nonprofit is also restricted to loan or rental of the property to individuals or organizations for
 non-exempt purposes for up to 50 days per year (excluding set-up and take down days). The rent or donation received must
 not exceed the maintenance and operation costs attributable to the portion of the property loaned or rented.

 RCW 84.36.020 provides a property tax exemption for real or personal property owned by a nonprofit religious organization
 and used as a church. The property tax exemption available for churches is limited to five acres including grounds covered
 by the church, parsonage, convent, maintenance buildings, and parking.

 RCW 84.36.037 provides a property tax exemption for real or personal property owned by nonprofit organization used for
 the operation of a public assembly hall or meeting place. The property tax exemption available for a public assembly hall is
 limited to one acre in size and must be used for public gatherings 51% of the total time used.

 For property taxes levied for collection in 2011 through 2020, a provision existed to allow churches and public assembly halls
 to host farmers’ markets for an additional 53 days a year without losing its property tax exemption. That provision expired
 on December 31, 2020.

 COMPARISON OF THE SUBSTITUTE BILL WITH THE ORIGINAL:
 The substitute bill removes the requirement that the Department of Revenue convene a workgroup to identify and
 categorize:
 - Non-profits in the state that do not benefit from the current property exemptions; and
 - Non-profits that find the current exemption structure administratively cumbersome.

 PROPOSAL:
 Reinstates the provision to allow churches and public assembly halls to use their exempt property for the purposes of a
 farmers’ market for 53 days per assessment year in addition to 15 days commercial use and 50 days nonexempt use
 restrictions for nonprofit organizations.

 The tax preference provisions do not apply to this act.

 EFFECTIVE DATE:
 This bill takes effect beginning with property taxes collected in Calendar Year 2023.
II. B - Cash receipts Impact
  Briefly describe and quantify the cash receipts impact of the legislation on the responding agency , identifying the cash receipts provisions by section
  number and when appropriate the detail of the revenue sources . Briefly describe the factual basis of the assumptions and the method by which the
  cash receipts impact is derived . Explain how workload assumptions translate into estimates . Distinguish between one time and ongoing functions .

 ASSUMPTIONS:
                                                                                                                                      Request # 1967-2-1
 Form FN (Rev 1/00) 176,133.00                                           2                                                               Bill # 1967 S HB
FNS062 Department of Revenue Fiscal Note
  - Churches and assembly halls will not risk losing their property tax exemption and will cease hosting farmers’ markets.
  - Since no properties lost their exemption when the prior exemption expired December 31, 2020, it is assumed no additional
  exemptions will be granted as a result of reinstating the provision to allow churches and public assembly halls to host
  farmers’ markets for up to 53 days per year.

  DATA SOURCES
  - Property Tax

  REVENUE ESTIMATES
  This legislation results in no revenue impact to the state property tax levy and no impact to local property tax levies.
 II. C - Expenditures
 Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation ), identifying by section
 number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the method
by which the expenditure impact is derived . Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing

 FIRST YEAR COSTS:
 The Department will have minimal costs of approximately $595 for 10 hours of work by a property acquisition specialist to
 implement this legislation and will absorb within current funding.

 SECOND YEAR COSTS:
 The Department will have minimal costs of approximately $1,785 for 30 hours of work by a property acquisition specialist to
 implement this legislation and will absorb within current funding.

 ONGOING COSTS:
 There are no ongoing costs.

Part III: Expenditure Detail
 III. A - Expenditures by Object Or Purpose

         NONE

   III. B - Detail: List FTEs by classification and corresponding annual compensation . Totals need to agree with total FTEs in Part I
                      and Part IIIA
         NONE


III. C - Expenditures By Program (optional)
         NONE



Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
     NONE

  IV. B - Expenditures by Object Or Purpose
       NONE




                                                                                                                                       Request # 1967-2-1
  Form FN (Rev 1/00) 176,133.00                                          3                                                               Bill # 1967 S HB
FNS062 Department of Revenue Fiscal Note
 IV. C - Capital Budget Breakout

   Identify acquisition and construction costs not reflected elsewhere on the fiscal note and dexcribe potential financing methods
    NONE

  None.

Part V: New Rule Making Required




                                                                                                                                     Request # 1967-2-1
 Form FN (Rev 1/00) 176,133.00                                         4                                                               Bill # 1967 S HB
FNS062 Department of Revenue Fiscal Note
                          LOCAL GOVERNMENT FISCAL NOTE
                                                      Department of Commerce

Bill Number:      1967 S HB              Title:     Nonprofits/property tax


Part I: Jurisdiction-Location, type or status of political subdivision defines range of fiscal impacts.
Legislation Impacts:
   Cities:
   Counties:
   Special Districts:

   Specific jurisdictions only:
   Variance occurs due to:

Part II: Estimates
X No fiscal impacts.

    Expenditures represent one-time costs:

    Legislation provides local option:

    Key variables cannot be estimated with certainty at this time:

Estimated revenue impacts to:
  None

Estimated expenditure impacts to:
   None




Part III: Preparation and Approval
  Fiscal Note Analyst: Angie Hong                                               Phone: 360-725-5041     Date:   02/18/2022
  Leg. Committee Contact: Dawn Eychaner                                         Phone: 360-786-7135     Date:   02/10/2022
  Agency Approval:      Allan Johnson                                           Phone: 360-725-5033     Date:   02/18/2022
  OFM Review:     Cheri Keller                                                  Phone: (360) 584-2207   Date:   02/18/2022
Page 1 of 2                                                               Bill Number:   1967 S HB
FNS060 Local Government Fiscal Note
 Part IV: Analysis
A. SUMMARY OF BILL
Provide a clear, succinct description of the bill with an emphasis on how it impacts local government .
    CHANGES TO THIS BILL VERSION FROM PREVIOUS BILL VERSION
    This substitute bill removes the requirement that the Dept. of Revenue convene a workgroup to produce a report for the
    legislature.

    SUMMARY OF CURRENT BILL VERSION
    Section 1 amends RCW 84.36.020 (Property tax exemptions for cemeteries, churches, parsonages, convents, and
    grounds) to specify that activities (related to a farmers market) upon certain property tax-exempt properties do not nullify
    the property tax exemption.

    Section 2 amends RCW 84.36.037 (Property tax exemptions for nonprofit with property connection with operation of
    public assembly hall or meetings) to specify that uses involving conducting a qualifying farmers market upon certain
    property-tax-exempt properties do not nullify the property tax exemption. “Qualifying farmers market” is defined in RCW
    66.24.170.

    This act will apply to taxes levied for collection in 2023 and thereafter.

    Performance statement and tax preference expiration do not apply to this act.
B. SUMMARY OF EXPENDITURE IMPACTS
Briefly describe and quantify the expenditure impacts of the legislation on local governments , identifying the expenditure provisions by
section number, and when appropriate, the detail of expenditures. Delineate between city, county and special district impacts.


   This substitute bill will not impact local government expenditures.
C. SUMMARY OF REVENUE IMPACTS
Briefly describe and quantify the revenue impacts of the legislation on local governments , identifying the revenue provisions by section
number, and when appropriate, the detail of revenue sources. Delineate between city, county and special district impacts.


    This substitute bill will not impact local government revenues, according to the Washington State Dept. of Revenue.

    DOR ASSUMPTIONS
    - Churches and assembly halls will not risk losing their property tax exemption and will cease hosting farmers’ markets.
    - Since no properties lost their exemption when the prior exemption expired December 31, 2020, it is assumed no
    additional exemptions will be granted as a result of reinstating the provision to allow churches and public assembly halls to
    host farmers’ markets for up to 53 days per year.

    SOURCES
    Washington State Dept. of Revenue Fiscal Note Draft
    Washington Association of County Officials




 Page 2 of 2                                                                Bill Number:    1967 S HB
 FNS060 Local Government Fiscal Note


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