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H. B. No. 445 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Schlichter
A BILL
To require adjustments in a school district's state
education
aid and Classroom Facilities Assistance
Program rankings to correct
certifications of
tax-exempt property erroneously treated as
taxable property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section:
(1) "Eligible school district" means a city, exempted
village, or local school district for which the certification of
taxable values made under division (A) of section 3317.021 of the
Revised Code for fiscal year 2007 and for fiscal year 2008
erroneously included at least ten million dollars in assessed
value of tax-exempt public utility property.
(2) "Tax-exempt public utility property" means real or
tangible personal property used in the provision of a public
utility service that was exempted from taxation for tax years 2005
and 2006 under section 5709.62 or 5709.63 of the Revised Code.
(3) "State education aid" has the same meaning as in section
5751.20 of the Revised Code,
except that for fiscal year 2007,
state education aid includes
both of the following:
(a) The transportation payment calculated under Section
206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, as
amended, instead of division (D) of section 3317.022 of the
Revised Code;
(b) Transitional aid calculated under Section 206.09.39 of
that act, as amended.
(4) "2005 valuation adjustment" means the assessed value of
tax-exempt public utility property that was included in the
certification made under division (A) of section 3317.021 of the
Revised Code for fiscal year 2007.
(5) "2006 valuation adjustment" means the assessed value of
tax-exempt public utility property that was included in the
certification made under division (A) of section 3317.021 of the
Revised Code for fiscal year 2008.
(B)(1) The Department of Education shall recompute an
eligible school district's state education aid for fiscal year
2007 by reducing the total taxable value certified for the
district under division (A) of section 3317.021 of the Revised
Code for that fiscal year by an amount equal to the 2005 valuation
adjustment, and pay the district the increase in state education
aid resulting from the recomputation. Each component of state
education aid affected by the valuation adjustment shall be
recomputed. Within forty-five days after the effective date of
this section, the payment shall be made from money appropriated
for fiscal year 2008 under the appropriation line items
corresponding with the components of state education aid required
to be recomputed under this division.
(2) The Department of Education shall recompute an eligible
school district's state education aid for fiscal year 2008 by
reducing the total taxable value certified for the district under
division (A) of section 3317.021 of the Revised Code for that
fiscal year by an amount equal to the 2006 valuation adjustment,
and pay the district the increase in state education aid resulting
from the recomputation. Each component of state education aid
affected by the valuation adjustment shall be recomputed. The
payment shall be made from money appropriated for fiscal year 2008
under the appropriation line items corresponding with the
components of state education aid required to be recomputed under
this division. The amount of the payment shall be divided in equal
amounts among the remaining payments of state education aid
required to be made during fiscal year 2008 that have not been
paid before the effective date of this section, and paid at the
same time as those payments.
(3) The recomputed total taxable value and state education
aid recomputed under divisions (B)(1) and (2) of this section
shall be regarded as the district's total taxable value and state
education aid for fiscal year 2007 and 2008, respectively, for all
purposes of Chapter 3317. of the Revised Code; Am. Sub. H.B. 66 of
the 126th General Assembly, including the computation of
transitional aid under Section 206.09.39 of
that act, as amended;
and Am. Sub. H.B. 119 of the 127th General
Assembly, including
under
Section 269.30.80 of that act.
(4) Any amounts payable under division (B)(1) or (2) of this
section shall be reduced by any amount paid under section 3317.026
of the Revised Code if the amount paid under that section was paid
on account of refunded taxes charged against tax-exempt public
utility property for tax year 2005 or 2006 and for which
recomputation is made under division (B) of this section.
(C) The Department of Education shall recompute an eligible
school district's adjusted valuation per pupil and average taxable
value for the purposes of ranking the district under section
3318.011 of the Revised Code, and determining the district's
portion of the basic project cost under section 3318.032 of the
Revised Code, for any such computation that includes the taxable
values certified for the district for tax year 2005 or 2006 under
division (A) of section 3317.021 of the Revised Code. For
computations of valuation per pupil or average taxable value that
include the taxable value certified for tax year 2005, the
recomputation shall incorporate the taxable values so certified
reduced by the 2005 valuation adjustment. For computations of
valuation per pupil or average taxable value that include the
taxable value certified for tax year 2006, the recomputation shall
incorporate the taxable values so certified reduced by the 2006
valuation adjustment. Within forty-five days after the effective
date of this act, the Department shall adjust the percentile
ranking of the district and perform the Department's other duties
under section 3318.011 of the Revised Code to reflect the
recomputations, and shall certify the recomputations and other
information required by that section to the Ohio School Facilities
Commission. The Commission shall adjust the portion of basic
project cost to be supplied by the district on the basis of the
department's certification.
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