Ohio Revised Code Search
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Section 5104.039 | Access to centers for parents or guardians.
...(A) Any parent who is the residential parent and legal custodian of a child enrolled in a child care center and any custodian or guardian of such a child shall be permitted unlimited access to the center during its hours of operation for the purposes of contacting their children, evaluating the care provided by the center, evaluating the premises of the center, or for other purposes approved by the director. A parent... |
Section 5104.04 | Investigating, inspecting, and licensing procedures established.
...(A) The department of children and youth shall establish procedures to be followed in investigating, inspecting, and licensing child care centers, type A family child care homes, and licensed type B family child care homes. (B)(1)(a) The department shall, at least once during every twelve-month period of operation of a center, type A home, or licensed type B home, inspect the center, type A home, or licensed type ... |
Section 5104.041 | Type A and B family child care home requirements.
...(A) All type A family child care homes and licensed type B family child care homes shall procure and maintain one of the following: (1) Liability insurance issued by an insurer authorized to do business in this state under Chapter 3905. of the Revised Code insuring the type A or type B family child care home against liability arising out of, or in connection with, the operation of the family child care home. The i... |
Section 5104.042 | Suspension of child care center and home licenses without hearing.
...een placed on administrative leave or released from employment; (c) Any person who resides in the type A home or licensed type B home. (3) An owner, licensee, administrator, or employee of the center, type A home, or licensed type B home, or a resident of the type A home or licensed type B home is charged by an indictment, information, or complaint with an offense relating to the abuse or neglect of a child. ... |
Section 5104.043 | Determination of serious risk of noncompliance; notice.
...(A) If the department of children and youth determines that an act or omission of a child care center, type A family child care home, or licensed type B family child care home constitutes a serious risk noncompliance, the licensee shall notify the caretaker parent of each child receiving care in the center or home of the department's determination. (B) With respect to the notice required by division (A) of this se... |
Section 5104.05 | Requirements for building, fire prevention, and food service.
...ode and with regulations adopted by the board of building standards under Chapter 3781. of the Revised Code and this division for the safety and sanitation of structures erected for this purpose. (2) The state fire marshal or the fire chief or fire prevention officer of the municipal corporation or township in which the center is located has inspected the center annually within the preceding license period and has... |
Section 5104.051 | Responsibility for inspections.
...ing to the standards established by the board of building standards. Inspections in areas of the state where there is no municipal, township, or county building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the category of building occupancy which includes child care centers shall be made by personnel of the department of commerce. Inspections of cent... |
Section 5104.052 | Fire prevention and fire safety in licensed type B family child care homes.
...The director of children and youth, in cooperation with the fire marshal pursuant to section 3737.22 of the Revised Code, shall adopt rules regarding fire prevention and fire safety in licensed type B family child care homes. In accordance with those rules, the director shall inspect each type B home that applies to be licensed that is providing or is to provide publicly funded child care. |
Section 5104.053 | Inspecting unlicensed type B homes.
...dition of approval by the department of education and workforce pursuant to section 3313.813 of the Revised Code for receipt of United States department of agriculture child and adult care food program funds established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, the provider of child care in a type B family child care home that is not licensed by the director of children a... |
Section 5104.054 | Zoning for type B family child care home.
...Any type B family child care home, whether licensed or not licensed by the director of children and youth, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulations shall require a conditional use permit or any other spe... |
Section 5104.06 | Providing consultation and technical assistance.
...(A) The director of children and youth shall provide consultation, technical assistance, and training to child care centers, type A family child care homes, and type B family child care homes to improve programs and facilities providing child care. As part of these activities, the director shall provide assistance in meeting the requirements of this chapter and rules adopted pursuant to this chapter and shall furnish... |
Section 5104.07 | Additional requirements for licensing child care centers or type A family child care homes that provide publicly funded child care.
...(A) The director of children and youth may prescribe additional requirements for licensing child care centers or type A family child care homes that provide publicly funded child care pursuant to this chapter and any rules adopted under it. The director shall develop standards as required by federal laws and regulations for child care programs supported by federal funds. (B)(1) The department of children and youth... |
Section 5104.081 | Management of child care functions.
...The department of children and youth shall employ at least one senior-level, full-time employee who shall manage and oversee all child care functions under the authority of the department. |
Section 5104.09 | Discrimination prohibited.
...No administrator, employee, licensee, or child care staff member shall discriminate in the enrollment of children in a child care center, type A home, licensed type B home, or approved child day camp upon the basis of race, color, religion, sex, disability, or national origin. |
Section 5104.10 | Whistleblower protection.
...No employer shall discharge, demote, suspend, or threaten to discharge, demote, suspend, or in any manner discriminate against any employee based solely on the employee taking any of the following actions: (A) Making any good faith oral or written complaint to the director of children and youth or other agency responsible for enforcing Chapter 5104. of the Revised Code regarding a violation of this chapter or the ... |
Section 5104.12 | Certification of in-home aides to provide publicly funded child care.
...(A)(1) A county director of job and family services may certify in-home aides to provide publicly funded child care pursuant to this chapter and any rules adopted under it. Any in-home aide who receives a certificate pursuant to this section to provide publicly funded child care is an independent contractor and is not an employee of the county department of job and family services that issues the certificate. (2) ... |
Section 5104.13 | Publishing state statutes and rules governing certification of type B family child care homes.
...The department of children and youth shall prepare a guide describing the state statutes and rules governing the licensure of type B family child care homes. The department may publish the guide electronically or otherwise and shall do so in a manner that the guide is accessible to the public, including type B home providers. |
Section 5104.14 | Readability of materials.
...All materials that are supplied by the department of children and youth to type A family child care home providers, type B family child care home providers, in-home aides, persons seeking to be type A family child care home providers, type B family child care home providers, or in-home aides, and caretaker parents shall be written at no higher than the sixth grade reading level. The department may employ a readabilit... |
Section 5104.21 | Child day camp registration.
...hletic skill or sport, computers, or an educational subject; (3) Programs in which the department determines that at least one parent, custodian, or guardian of each child attending or participating in the child day camp is on the child day camp activity site and is readily accessible at all times, except that a child day camp on the premises of a parent's, custodian's, or guardian's place of employment shall be r... |
Section 5104.211 | Random sampling of child day camps to determine compliance with background checks.
...is the subject of the violation or to release the person from the appointment or employment, the director shall do both of the following: (a) Impose a civil penalty in an amount that is not less than the amount previously imposed and that does not exceed twice the amount permitted by division (B)(2)(a) of this section; (b) Order the camp to initiate a criminal records check of the person who is the subject of t... |
Section 5104.22 | Enabling approved child day camp to receive public moneys.
...(A) The director of children and youth, pursuant to Chapter 119. of the Revised Code, shall adopt rules establishing a procedure and standards for the approval of child day camps that will enable an approved child day camp to receive public moneys pursuant to sections 5104.30 to 5104.39 of the Revised Code. The department of children and youth may charge a reasonable fee to inspect a child day camp to determine wheth... |
Section 5104.25 | Prohibiting smoking.
...(A) Except as otherwise provided in division (C) of this section, no child care center shall permit any person to smoke in any indoor or outdoor space that is part of the center. The administrator of a child care center shall post in a conspicuous place at the main entrance of the center a notice stating that smoking is prohibited in any indoor or outdoor space that is part of the center, except under the conditio... |
Section 5104.29 | Step up to quality program.
..., in cooperation with the department of education and workforce, shall develop a tiered quality rating and improvement system for all early learning and development programs in this state. The step up to quality program shall include all of the following components: (1) Quality program standards for early learning and development programs; (2) Accountability measures that include tiered ratings representing eac... |
Section 5104.291 | Early learning and development program ratings.
...ted by the national association for the education of young children, or its successor organization; (3) A licensed type A or type B family child care home under contract to provide head start or early head start services; (4) A licensed type A or type B family child care home accredited by the national association for the education of young children, or its successor organization. (B)(1) On a periodic basis, th... |
Section 5104.30 | Administration and coordination of federal and state funding for publicly funded child care.
...igned to provide comprehensive consumer education to parents and the public; (b) Activities that increase parental choice; (c) Activities, including child care resource and referral services, designed to improve the quality, and increase the supply, of child care; (d) Establishing the step up to quality program pursuant to section 5104.29 of the Revised Code. (4) The department shall ensure that the feder... |
Section 5733.041 | Net income defined for tax years 1984 to 1993.
...Notwithstanding division (I) of section 5733.04 of the Revised Code, "net income" means net income as defined in that division subject to the following adjustments: (A) For each of the tax years 1984 to 1988, in the case of a corporation whose 1982 franchise tax was charged on the base calculated under division (B) of section 5733.05 of the Revised Code, deduct one-fifth of the amount of the adjustment, if any, requ... |
Section 5733.042 | Computing net income of member of affiliated group.
...(A) As used in this section: (1) "Affiliated group" has the same meaning as in section 1504 of the Internal Revenue Code. (2) "Asset value" means the adjusted basis of assets as determined in accordance with Subchapter O of the Internal Revenue Code and the Treasury Regulations thereunder. (3) "Intangible expenses and costs" include expenses, losses, and costs for, related to, or in connection directly or indir... |
Section 5733.05 | Determination of value of issued and outstanding stock and intangible property - determination of net income of corporation.
...y that the corporation rents, subrents, leases, or subleases to others if the income or loss from such rentals, subrentals, leases, or subleases is business income. There shall be excluded from the numerator and denominator of the fraction the original cost of all of the following property within Ohio: property with respect to which a "pollution control facility" certificate has been issued pursuant to section 5709.2... |
Section 5733.051 | Allocating and apportioning of net income of corporation.
...For purposes of this section, "available" means information is such that a person is able to learn of the information by the due date plus extensions, if any, for filing the report for the tax year immediately following the last day of the taxable year, and "modified qualifying controlled group" means that portion of a qualifying controlled group consisting of the corporation the sale of which resulted in the gain or... |
Section 5733.052 | Combining net incomes of corporations.
...(A) At the discretion of the tax commissioner, any taxpayer that owns or controls either directly or indirectly more than fifty per cent of the capital stock with voting rights of one or more other corporations, or has more than fifty per cent of its capital stock with voting rights owned or controlled either directly or indirectly by another corporation, or by related interests that own or control either directly or... |
Section 5733.053 | Transferee corporation subject to transferor's tax liability.
...(A) As used in this section: (1) "Transfer" means a transaction or series of related transactions in which a corporation directly or indirectly transfers or distributes substantially all of its assets or equity to another corporation, if the transfer or distribution qualifies for nonrecognition of gain or loss under the Internal Revenue Code. (2) "Transferor" means a corporation that has made a transfer. (3) "Tran... |
Section 5733.054 | Deduction or addition where portion of certain gains or losses is allocated or apportioned to Ohio.
...(A) If any gain that is added to net income pursuant to divisions (I)(12)(a) and (b) of section 5733.04 of the Revised Code is allocated or apportioned to this state in accordance with divisions (B)(1) and (2) of section 5733.05 of the Revised Code, a deduction from the corporation's net income allocated and apportioned to this state shall be allowed to the extent that the sum of such gain allocated and apportioned t... |
Section 5733.055 | Deducting expenses and costs paid to related member.
...(A) As used in this section: (1) "Ceiling amount" means the excess of the amount described in division (A)(1)(a) of this section over the amount described in division (A)(1)(b) of this section: (a) The amount of income allocated and apportioned to this state in accordance with this chapter but without regard to and without application of the adjustments required by this section; (b) The amount of income allocat... |
Section 5733.056 | Determining value of issued and outstanding shares of stock.
...the procedure whereby employees or the board of directors of the taxpayer make the final determination whether to enter into the agreement. Such activity is located at the regular place of business to which the taxpayer's employees are regularly connected or working from, regardless of where the services of such employees were actually performed. If the board of directors makes the final determination, such act... |
Section 5733.057 | Ownership interest in pass-through entity.
...As used in this section, "adjusted qualifying amount" has the same meaning as in section 5733.40 of the Revised Code. This section does not apply to divisions (E) and (F) of section 5733.051 of the Revised Code. Except as otherwise provided in divisions (A) and (B) of section 5733.401 and in sections 5733.058 and 5747.401 of the Revised Code, in making all apportionment, allocation, income, gain, loss, deduction, t... |
Section 5733.058 | Adjusting for equity investment in an exempted investment.
...(A) As used in this section, an "exempted investment" is a direct or indirect investment in the equity of, or the direct or indirect ownership of, a person satisfying divisions (A)(1) and (2) of this section for the person's entire fiscal or calendar year ending within or with the corporation's taxable year ending immediately prior to the tax year. (1) The person is a limited liability company not treated as a separ... |
Section 5733.059 | Allocating sales of electric transmission and distribution services.
...(A) As used in this section: (1) "Customer" means a person who purchases electricity for consumption either by that person or by the person's related member and the electricity is not for resale directly or indirectly to any person other than a related member. (2) "Related member" has the same meaning as in division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section. (B) ... |
Section 5733.0510 | Reducing net income for qualifying assets.
...ance, or deferred costs associated with leaseback transactions on generating units, that have been authorized by a regulatory agency for recovery from customers in a future period and that, as of December 31, 2000, are subject to transition cost recovery under Chapter 4928. of the Revised Code or similar laws of another state. (B)(1) If, with respect to a qualifying asset, there occurs a qualifying taxable event and... |
Section 5733.0511 | Net income for qualifying telephone company taxpayer.
...(A) As used in this section: (1) "Qualifying telephone company taxpayer" means either of the following: (a) A telephone company, but only if the telephone company was subject to the tax imposed by section 5727.30 of the Revised Code for gross receipts received during the period from July 1, 2003, to June 30, 2004, and the telephone company's property subject to taxation under Chapter 5727. of the Revised Code for t... |
Section 5733.06 | Computing tax.
...For tax years prior to tax year 2014, the tax hereby charged each corporation subject to this chapter shall be the greater of the sum of divisions (A) and (B) of this section, after the reduction, if any, provided by division (J) of this section, or division (C) of this section, after the reduction, if any, provided by division (J) of this section, except that the tax hereby charged each financial institution subject... |
Section 5733.061 | Credit allowed for investment in property used in refining or manufacturing.
...A credit shall be allowed against the tax imposed by section 5733.06 of the Revised Code for each taxable year. The credit shall be claimed in the order required under section 5733.98 of the Revised Code. The credit shall equal the lesser of the amount of tax due under that section after allowing for any other credits that precede the credit under this section in that order or the difference between: (A) The tangibl... |
Section 5733.064 | Credit for recycling and litter prevention program donations.
...wnships, park districts, and boards of education that received grants pursuant to that section, or one-half of the amount of the taxpayer's additional tax liability for the tax year resulting from the additional rates imposed by sections 5733.065 and 5733.066 of the Revised Code to provide funding for recycling and litter prevention under Chapter 3736. of the Revised Code. The taxpayer shall claim the nonrefun... |
Section 5733.065 | Additional tax on corporations for privilege of manufacturing or selling litter stream products in state.
...(A) As used in this section, "litter stream products" means: (1) Intoxicating liquor, beer, wine, mixed beverages, or spirituous liquor as defined in section 4301.01 of the Revised Code; (2) Soft drinks as defined in section 913.22 of the Revised Code; (3) Glass, metal, plastic, or fiber containers with a capacity of less than two gallons sold for the purpose of being incorporated into or becoming a part of a pro... |
Section 5733.066 | Surcharge added to rates to fund recycling and litter prevention.
...There shall be added to the rates contained in section 5733.06 of the Revised Code the following: (A) To the rate in division (A) of that section upon that portion of the value of the taxpayer's issued and outstanding shares of stock as determined under division (B) of section 5733.05 of the Revised Code that is subject to such rate, an additional eleven-hundredths per cent upon that value to provide funding for rec... |
Section 5733.067 | Credit concerning subsidiaries; amended report; additional payment or application for refund.
...(A) As used in this section, "subsidiary" means a corporation that satisfies both of the following requirements: (1) More than fifty per cent of its capital stock with voting rights is owned or controlled either directly or indirectly by the taxpayer, or by related interests that own or control either directly or indirectly more than fifty per cent of the capital stock with voting rights of the taxpayer; (2) Its ta... |
Section 5733.068 | Credit allowed to member of qualifying affiliated group.
...(A) As used in this section: (1) "Affiliated group" has the same meaning as in section 1504 of the Internal Revenue Code and is ascertained on the last day of the taxable year. (2) "Excess tax" means the difference, if any, between the amount described in division (A)(2)(a) of this section and the amount described in division (A)(2)(b) of this section: (a) The tax imposed by section 5733.06 of the Revised Code for... |
Section 5733.069 | Credit allowed for increase in export sales.
...d member in turn sells the property, or leases it for a period of at least five years, and delivers the property in the same form or as a component part of other property to a purchaser or lessee who is not a related member. In addition, during the twenty-four-month period commencing with the date of such sale or lease by the related member, the purchaser or lessee or a related member of the purchaser or lessee does ... |
Section 5733.0610 | Credit for Ohio job creation.
...(A) A refundable corporation franchise tax credit granted by the tax credit authority under section 122.17 or former division (B)(2) or (3) of section 122.171 of the Revised Code, as those divisions existed before the effective date of the amendment of this section by H.B. 64 of the 131st general assembly, may be claimed under this chapter in the order required under section 5733.98 of the Revised Code. For purposes... |
Section 5733.0611 | Credit relating to tax on qualifying pass-through entities.
...(A) There is hereby allowed a nonrefundable credit against the tax imposed under section 5733.06 of the Revised Code. The credit shall be equal to the taxpayer's proportionate share of the lesser of either the tax due or the tax paid by any qualifying entity under section 5733.41 of the Revised Code for the qualifying taxable year of the qualifying entity that ends in the taxable year of the taxpayer. The taxpayer sh... |
Section 5733.07 | Powers and duties of tax commissioner.
...The tax commissioner shall enforce and administer this chapter. In addition to any other powers conferred upon him by law, the commissioner may: (A) Prescribe all forms required to be filed pursuant to this chapter; (B) Promulgate such rules and regulations as he finds necessary to carry out this chapter; (C) Appoint and employ such personnel as are necessary to carry out the duties imposed upon him by this chapte... |