Sub. H. B. No. 11 As Passed by the Senate

Representatives Schlichter, J. Stewart, Latta, Hartnett, C. Evans, S. Patton, Buehrer, Wolpert, Oelslager, Willamowski, Carano, Kearns, Setzer, Reidelbach, Combs, Hughes, Flowers, DeWine, Chandler, Brown, McGregor, Harwood, T. Patton, Calvert, Walcher, Taylor, Raga, Fessler, Seaver, Webster, Peterson, Wagner, Hood, Williams, Garrison, Barrett, Distel, Allen, Aslanides, Beatty, Blessing, Book, Bubp, Carmichael, Cassell, Coley, Collier, Core, Daniels, DeGeeter, Dolan, Domenick, Driehaus, D. Evans, Faber, Fende, Gibbs, Gilb, Hagan, Healy, Hoops, Key, Koziura, Law, Martin, Mason, Miller, Mitchell, Otterman, Perry, Redfern, Reinhard, Sayre, Schaffer, Skindell, G. Smith, D. Stewart, Strahorn, Sykes, Trakas, Uecker, Ujvagi, Wagoner, White, Widener, Widowfield

Senators Fedor, Carey, Cates, Gardner, Jacobson, Padgett, Mumper, Fingerhut, Austria, Clancy, Hagan, Roberts, Schuring, Spada, Dann, Jordan, Armbruster, Zurz, Harris, Wachtmann

A BILL
To amend sections 3313.616 and 5735.142 of the 1
Revised Code to grant high school diplomas to 2
certain veterans of the Vietnam Conflict; to 3
permit school districts, educational service 4
centers, and county MR/DD boards in fiscal year 5
2006 to apply to use funds appropriated for school 6
bus purchases to pay the cost of purchasing fuel 7
for buses; and to reimburse county MR/DD boards 8
for certain motor fuel taxes. 9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3313.616 and 5735.142 of the Revised 10
Code be amended to read as follows: 11

       Sec. 3313.616. (A)(1) Notwithstanding the requirements of 12
sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the 13
board of education of any city, exempted village, or local school 14
district or the governing authority of any chartered nonpublic 15
school may grant a high school diploma to any veteran of World War 16
II or, the Korean conflict, or the Vietnam conflict who is a 17
resident of this state or who was previously enrolled in any high 18
school in this state if all of the following apply: 19

       (a) The veteran either: 20

       (i) Left a public or nonpublic school located in any state 21
prior to graduation in order to serve in the armed forces of the 22
United States; 23

       (ii) Left a public or nonpublic school located in any state 24
prior to graduation due to family circumstances and subsequently 25
entered the armed forces of the United States. 26

       (b) The veteran received an honorable discharge from the 27
armed forces of the United States. 28

       (c) The veteran has not been granted a diploma as provided in 29
section 3313.61 or 3313.612 of the Revised Code, a diploma of 30
adult education as provided in section 3313.611 of the Revised 31
Code, or a diploma under this section. 32

       (2) If a veteran who would otherwise qualify for a diploma 33
under this section is deceased, the board of education of any 34
school district or the governing authority of any chartered 35
nonpublic school may award such diploma to the veteran 36
posthumously and may present that diploma to a living relative of 37
the veteran. 38

       (B) The governor's office of veterans' affairs, in accordance 39
with section 111.15 of the Revised Code, and with the advice and 40
consent of the veterans advisory committee established under 41
division (K) of section 5902.02 of the Revised Code, shall develop 42
and adopt rules to implement this section. Such rules shall 43
include, but not be limited to, rules establishing procedures for 44
application and verification of eligible veterans for a diploma 45
under this section. 46

       Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on 47
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of 48
the Revised Code has been paid, for the purpose of operating a 49
transit bus shall be reimbursed in the amount of the tax paid on 50
motor fuel used by public transportation systems providing transit 51
or paratransit service on a regular and continuing basis within 52
the state; 53

       (2) A city, exempted village, joint vocational, or local 54
school district or educational service center that purchases any 55
motor fuel for school district or service center operations, on 56
which any tax imposed by section 5735.29 of the Revised Code that 57
became effective on or after July 1, 2003, has been paid, may, if 58
an application is filed under this section, be reimbursed in the 59
amount of all but two cents per gallon of the total tax imposed by 60
such section and paid on motor fuel. 61

       (3) A county board of mental retardation and developmental 62
disabilities that, on or after July 1, 2005, purchases any motor 63
fuel for county board operations, on which any tax imposed by 64
section 5735.29 of the Revised Code has been paid may, if an 65
application is filed under this section, be reimbursed in the 66
amount of all but two cents per gallon of the total tax imposed by 67
such section and paid on motor fuel purchased on or after July 1, 68
2005. 69

       (B) Such person, school district, or educational service 70
center, or county board shall file with the tax commissioner an 71
application for refund within one year from the date of purchase, 72
stating the quantity of fuel used for operating transit buses used 73
by local transit systems in furnishing scheduled common carrier, 74
public passenger land transportation service along regular routes 75
primarily in one or more municipal corporations or for operating 76
vehicles used for school district or, service center, or county 77
board operations. However, no claim shall be made for the tax on 78
fewer than one hundred gallons of motor fuel. A school district 79
or, educational service center, or county board shall not apply 80
for a refund for any tax paid on motor fuel that is sold by the 81
district ~~or educational~~, service center, or county board. The 82
application shall be accompanied by the statement described in 83
section 5735.15 of the Revised Code showing the purchase, together 84
with evidence of payment thereof. 85

       (C) After consideration of the application and statement, the 86
commissioner shall determine the amount of refund to which the 87
applicant is entitled. If the amount is not less than that 88
claimed, the commissioner shall certify the amount to the director 89
of budget and management and treasurer of state for payment from 90
the tax refund fund created by section 5703.052 of the Revised 91
Code. If the amount is less than that claimed, the commissioner 92
shall proceed in accordance with section 5703.70 of the Revised 93
Code. 94

       The commissioner may require that the application be 95
supported by the affidavit of the claimant. No refund shall be 96
authorized or ordered for any single claim for the tax on fewer 97
than one hundred gallons of motor fuel. No refund shall be 98
authorized or ordered on motor fuel that is sold by a school 99
district or, educational service center, or county board. 100

       (D) The refund authorized by this section or section 5703.70 101
of the Revised Code shall be reduced by the cents per gallon 102
amount of any qualified fuel credit received under section 103
5735.145 of the Revised Code, as determined by the commissioner, 104
for each gallon of qualified fuel included in the total gallonage 105
of motor fuel upon which the refund is computed. 106

       (E) The right to receive any refund under this section or 107
section 5703.70 of the Revised Code is not assignable. The payment 108
of this refund shall not be made to any person or entity other 109
than the person or entity originally entitled thereto who used the 110
motor fuel upon which the claim for refund is based, except that 111
the refund when allowed and certified, as provided in this 112
section, may be paid to the executor, the administrator, the 113
receiver, the trustee in bankruptcy, or the assignee in insolvency 114
proceedings of the person. 115

       Section 2. That existing sections 3313.616 and 5735.142 of 116
the Revised Code are hereby repealed. 117

       Section 3. (A) Notwithstanding anything to the contrary in 118
division (E) of section 3317.024 of the Revised Code, in section 119
3317.07 of the Revised Code or in rules adopted under that 120
section, or in Section 206.09.21 of Am. Sub. H.B. 66 of the 126th 121
General Assembly, during fiscal year 2006 only, upon receipt of a 122
waiver granted by the Superintendent of Public Instruction a 123
school district, educational service center, or county MR/DD board 124
may use the portion of the funds paid under appropriation item 125
200-503, Bus Purchase Allowance, as approved in the waiver for 126
purchasing fuel for school buses. 127

       (B) In the manner specified by the Superintendent of Public 128
Instruction for purposes of this section, a school district, 129
educational service center, or county MR/DD board may apply to the 130
Superintendent for a waiver to use funds paid during fiscal year 131
2006 under appropriation item 200-503, Bus Purchase Allowance, to 132
purchase fuel for school buses. The Superintendent shall require 133
the school district, educational service center, or county MR/DD 134
board to report to the Superintendent by December 31, 2005, its 135
total expenditures for fuel for buses in fiscal year 2005 and its 136
estimated expenditures for fuel for buses in fiscal year 2006. The 137
Superintendent may grant a waiver to a school district, 138
educational service center, or county MR/DD board only if the 139
following conditions are met: 140

       (1) The district, service center, or county MR/DD board 141
demonstrates to the Superintendent's satisfaction that it has a 142
sufficient supply of buses or contracted bus service to meet its 143
pupil transportation obligations for fiscal year 2006 without 144
spending all or part of its allocation of funds under 145
appropriation item 200-503, Bus Purchase Allowance. 146

       (2) The district's, service center's, or county MR/DD board's 147
estimate of expenditures for fuel for buses in fiscal year 2006 is 148
higher than its expenditures for fuel for buses in fiscal year 149
2005. 150

       The Superintendent shall prescribe in the waiver the portion 151
of those funds allocated to the school district, service center, 152
or county MR/DD board under appropriation item 200-503, Bus 153
Purchase Allowance, that may be used for purchasing fuel for 154
buses, which portion shall not exceed the difference between the 155
estimated expenditures for fuel for buses in fiscal year 2006 and 156
the expenditures for fuel for buses in fiscal year 2005. 157

       (C) Not later than July 31, 2006, each school district, 158
educational service center, and county MR/DD board that receives a 159
waiver under this section shall report to the Superintendent of 160
Public Instruction its actual expenditures to purchase fuel for 161
school buses in fiscal year 2006. If the Superintendent determines 162
that the district, service center, or county MR/DD board did not 163
spend all of the funds from appropriation item 200-503, Bus 164
Purchase Allowance, prescribed in the waiver to purchase fuel for 165
buses, the district, service center, or county MR/DD board shall 166
allocate the remainder of those funds for school bus purchases in 167
fiscal year 2007. 168

       (D) The Office of Pupil Transportation within the Department 169
of Education may audit school districts, educational service 170
centers, and county MR/DD boards that apply for waivers to ensure 171
the accuracy of the data reported under this section. If the 172
Office finds that a district, service center, or county MR/DD 173
board has reported data inaccurately, the Department shall apply 174
division (L) of section 3301.0714 of the Revised Code to that 175
district, service center, or county MR/DD board. 176

Section 1. That sections 3313.616 and 5735.142 of the Revised	10
Code be amended to read as follows:	11

Sec. 3313.616. (A)(1) Notwithstanding the requirements of	12
sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the	13
board of education of any city, exempted village, or local school	14
district or the governing authority of any chartered nonpublic	15
school may grant a high school diploma to any veteran of World War	16
II or, the Korean conflict, or the Vietnam conflict who is a	17
resident of this state or who was previously enrolled in any high	18
school in this state if all of the following apply:	19

(i) Left a public or nonpublic school located in any state	21
prior to graduation in order to serve in the armed forces of the	22
United States;	23

(ii) Left a public or nonpublic school located in any state	24
prior to graduation due to family circumstances and subsequently	25
entered the armed forces of the United States.	26

(b) The veteran received an honorable discharge from the	27
armed forces of the United States.	28

(c) The veteran has not been granted a diploma as provided in	29
section 3313.61 or 3313.612 of the Revised Code, a diploma of	30
adult education as provided in section 3313.611 of the Revised	31
Code, or a diploma under this section.	32

(2) If a veteran who would otherwise qualify for a diploma	33
under this section is deceased, the board of education of any	34
school district or the governing authority of any chartered	35
nonpublic school may award such diploma to the veteran	36
posthumously and may present that diploma to a living relative of	37
the veteran.	38

(B) The governor's office of veterans' affairs, in accordance	39
with section 111.15 of the Revised Code, and with the advice and	40
consent of the veterans advisory committee established under	41
division (K) of section 5902.02 of the Revised Code, shall develop	42
and adopt rules to implement this section. Such rules shall	43
include, but not be limited to, rules establishing procedures for	44
application and verification of eligible veterans for a diploma	45
under this section.	46

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	47
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	48
the Revised Code has been paid, for the purpose of operating a	49
transit bus shall be reimbursed in the amount of the tax paid on	50
motor fuel used by public transportation systems providing transit	51
or paratransit service on a regular and continuing basis within	52
the state;	53

(2) A city, exempted village, joint vocational, or local	54
school district or educational service center that purchases any	55
motor fuel for school district or service center operations, on	56
which any tax imposed by section 5735.29 of the Revised Code that	57
became effective on or after July 1, 2003, has been paid, may, if	58
an application is filed under this section, be reimbursed in the	59
amount of all but two cents per gallon of the total tax imposed by	60
such section and paid on motor fuel.	61

(3) A county board of mental retardation and developmental	62
disabilities that, on or after July 1, 2005, purchases any motor	63
fuel for county board operations, on which any tax imposed by	64
section 5735.29 of the Revised Code has been paid may, if an	65
application is filed under this section, be reimbursed in the	66
amount of all but two cents per gallon of the total tax imposed by	67
such section and paid on motor fuel purchased on or after July 1,	68
2005.	69

(B) Such person, school district, or educational service	70
center, or county board shall file with the tax commissioner an	71
application for refund within one year from the date of purchase,	72
stating the quantity of fuel used for operating transit buses used	73
by local transit systems in furnishing scheduled common carrier,	74
public passenger land transportation service along regular routes	75
primarily in one or more municipal corporations or for operating	76
vehicles used for school district or, service center, or county	77
board operations. However, no claim shall be made for the tax on	78
fewer than one hundred gallons of motor fuel. A school district	79
or, educational service center, or county board shall not apply	80
for a refund for any tax paid on motor fuel that is sold by the	81
district ~~or educational~~, service center, or county board. The	82
application shall be accompanied by the statement described in	83
section 5735.15 of the Revised Code showing the purchase, together	84
with evidence of payment thereof.	85

(C) After consideration of the application and statement, the	86
commissioner shall determine the amount of refund to which the	87
applicant is entitled. If the amount is not less than that	88
claimed, the commissioner shall certify the amount to the director	89
of budget and management and treasurer of state for payment from	90
the tax refund fund created by section 5703.052 of the Revised	91
Code. If the amount is less than that claimed, the commissioner	92
shall proceed in accordance with section 5703.70 of the Revised	93
Code.	94

The commissioner may require that the application be	95
supported by the affidavit of the claimant. No refund shall be	96
authorized or ordered for any single claim for the tax on fewer	97
than one hundred gallons of motor fuel. No refund shall be	98
authorized or ordered on motor fuel that is sold by a school	99
district or, educational service center, or county board.	100

(D) The refund authorized by this section or section 5703.70	101
of the Revised Code shall be reduced by the cents per gallon	102
amount of any qualified fuel credit received under section	103
5735.145 of the Revised Code, as determined by the commissioner,	104
for each gallon of qualified fuel included in the total gallonage	105
of motor fuel upon which the refund is computed.	106

(E) The right to receive any refund under this section or	107
section 5703.70 of the Revised Code is not assignable. The payment	108
of this refund shall not be made to any person or entity other	109
than the person or entity originally entitled thereto who used the	110
motor fuel upon which the claim for refund is based, except that	111
the refund when allowed and certified, as provided in this	112
section, may be paid to the executor, the administrator, the	113
receiver, the trustee in bankruptcy, or the assignee in insolvency	114
proceedings of the person.	115

Section 2. That existing sections 3313.616 and 5735.142 of	116
the Revised Code are hereby repealed.	117

Section 3. (A) Notwithstanding anything to the contrary in	118
division (E) of section 3317.024 of the Revised Code, in section	119
3317.07 of the Revised Code or in rules adopted under that	120
section, or in Section 206.09.21 of Am. Sub. H.B. 66 of the 126th	121
General Assembly, during fiscal year 2006 only, upon receipt of a	122
waiver granted by the Superintendent of Public Instruction a	123
school district, educational service center, or county MR/DD board	124
may use the portion of the funds paid under appropriation item	125
200-503, Bus Purchase Allowance, as approved in the waiver for	126
purchasing fuel for school buses.	127

(B) In the manner specified by the Superintendent of Public	128
Instruction for purposes of this section, a school district,	129
educational service center, or county MR/DD board may apply to the	130
Superintendent for a waiver to use funds paid during fiscal year	131
2006 under appropriation item 200-503, Bus Purchase Allowance, to	132
purchase fuel for school buses. The Superintendent shall require	133
the school district, educational service center, or county MR/DD	134
board to report to the Superintendent by December 31, 2005, its	135
total expenditures for fuel for buses in fiscal year 2005 and its	136
estimated expenditures for fuel for buses in fiscal year 2006. The	137
Superintendent may grant a waiver to a school district,	138
educational service center, or county MR/DD board only if the	139
following conditions are met:	140

(1) The district, service center, or county MR/DD board	141
demonstrates to the Superintendent's satisfaction that it has a	142
sufficient supply of buses or contracted bus service to meet its	143
pupil transportation obligations for fiscal year 2006 without	144
spending all or part of its allocation of funds under	145
appropriation item 200-503, Bus Purchase Allowance.	146

(2) The district's, service center's, or county MR/DD board's	147
estimate of expenditures for fuel for buses in fiscal year 2006 is	148
higher than its expenditures for fuel for buses in fiscal year	149
2005.	150

The Superintendent shall prescribe in the waiver the portion	151
of those funds allocated to the school district, service center,	152
or county MR/DD board under appropriation item 200-503, Bus	153
Purchase Allowance, that may be used for purchasing fuel for	154
buses, which portion shall not exceed the difference between the	155
estimated expenditures for fuel for buses in fiscal year 2006 and	156
the expenditures for fuel for buses in fiscal year 2005.	157

(C) Not later than July 31, 2006, each school district,	158
educational service center, and county MR/DD board that receives a	159
waiver under this section shall report to the Superintendent of	160
Public Instruction its actual expenditures to purchase fuel for	161
school buses in fiscal year 2006. If the Superintendent determines	162
that the district, service center, or county MR/DD board did not	163
spend all of the funds from appropriation item 200-503, Bus	164
Purchase Allowance, prescribed in the waiver to purchase fuel for	165
buses, the district, service center, or county MR/DD board shall	166
allocate the remainder of those funds for school bus purchases in	167
fiscal year 2007.	168

(D) The Office of Pupil Transportation within the Department	169
of Education may audit school districts, educational service	170
centers, and county MR/DD boards that apply for waivers to ensure	171
the accuracy of the data reported under this section. If the	172
Office finds that a district, service center, or county MR/DD	173
board has reported data inaccurately, the Department shall apply	174
division (L) of section 3301.0714 of the Revised Code to that	175
district, service center, or county MR/DD board.	176