1.1 	A bill for an act
1.2 	relating to education finance; authorizing a levy for
1.3 	certain utility costs of facilities used primarily for
1.4 	community education programs; proposing coding for new
1.5 	law in Minnesota Statutes, chapter 124D.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [124D.205] COMMUNITY EDUCATION FACILITY LEVY.
1.8 		Subdivision 1.Definitions. (a) For purposes of this
1.9 	section, the following terms have the meanings given them.
1.10 	"Qualifying facility" means a building that is owned by a
1.11 	school district and used for the primary purpose of providing
1.12 	community education programs.
1.13 	"Primary purpose" means that at least 50 percent of the
1.14 	facility's square foot area is occupied by qualifying community
1.15 	education programs.
1.16 	"Qualifying community education programs" include early
1.17 	childhood and family education, adult basic education, adult
1.18 	enrichment programs, senior citizen services, school readiness,
1.19 	child care services, youth services, and after school enrichment
1.20 	programs.  Facilities used primarily for athletic or
1.21 	recreational programs are not qualifying community education
1.22 	programs.
1.23 	"Utility costs" include amounts spent on heating and
1.24 	cooling, electricity, water and sewer charges, and waste
1.25 	disposal.
2.1 	Subd. 2.[COMMISSIONER'S APPROVAL.] In order to qualify
2.2 	for levy authority under this section, a school district must
2.3 	submit information on a community education facility's size,
2.4 	usage, and utilities costs to the commissioner of education in
2.5 	the time and manner prescribed by the commissioner.
2.6 		Subd. 3.Levy amount. Upon approval of the commissioner,
2.7 	a district with a qualifying community education facility may
2.8 	annually levy an amount equal to the lesser of:
2.9 	(1) $2 times the square footage of the facility used
2.10 	primarily for community education purposes; or 
2.11 	(2) the district's actual utility costs for the facility
2.12 	for the previous fiscal year.
2.13 	
EFFECTIVE DATE. This section is effective for taxes
2.14 	payable in 2006.