House
File
2355
H-8234
Amend
the
amendment,
H-8225,
to
House
File
2355,
as
follows:
1
1.
By
striking
page
1,
line
1,
through
page
5,
line
29,
and
2
inserting:
3
<
Amend
House
File
2355
as
follows:
4
1.
By
striking
everything
after
the
enacting
clause
and
5
inserting:
6
<
DIVISION
I
7
CHILD
AND
DEPENDENT
CARE
TAX
CREDIT
8
Section
1.
Section
422.12C,
subsection
1,
Code
2022,
is
9
amended
by
striking
the
subsection
and
inserting
in
lieu
10
thereof
the
following:
11
1.
The
taxes
imposed
under
this
subchapter,
less
the
amounts
12
of
nonrefundable
credits
allowed
under
this
subchapter,
shall
13
be
reduced
by
a
child
and
dependent
care
credit
equal
to
the
14
following
percentages
of
the
federal
child
and
dependent
care
15
credit
provided
in
section
21
of
the
Internal
Revenue
Code,
16
without
regard
to
whether
or
not
the
federal
credit
was
limited
17
by
the
taxpayer’s
federal
tax
liability:
18
a.
For
a
taxpayer
with
net
income
of
forty-five
thousand
19
dollars
or
less,
one
hundred
percent.
20
b.
For
a
taxpayer
with
net
income
exceeding
forty-five
21
thousand
dollars
but
not
exceeding
fifty
thousand
dollars,
22
eighty-eight
percent.
23
c.
For
a
taxpayer
with
net
income
exceeding
fifty
thousand
24
dollars
but
not
exceeding
sixty
thousand
dollars,
seventy-five
25
percent.
26
d.
For
a
taxpayer
with
net
income
exceeding
sixty
thousand
27
dollars
but
not
exceeding
seventy
thousand
dollars,
sixty-three
28
percent.
29
e.
For
a
taxpayer
with
net
income
exceeding
seventy
thousand
30
dollars
but
not
exceeding
eighty
thousand
dollars,
fifty
31
percent.
32
f.
For
a
taxpayer
with
net
income
exceeding
eighty
thousand
33
dollars
but
not
exceeding
ninety
thousand
dollars,
thirty-eight
34
percent.
35
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#1.
g.
For
a
taxpayer
with
net
income
exceeding
ninety
thousand
1
dollars
but
not
exceeding
one
hundred
thousand
dollars,
2
twenty-five
percent.
3
h.
For
a
taxpayer
with
net
income
exceeding
one
hundred
4
thousand
dollars
but
not
exceeding
one
hundred
twenty-five
5
thousand
dollars,
thirteen
percent.
6
i.
For
a
taxpayer
with
net
income
exceeding
one
hundred
7
twenty-five
thousand
dollars
but
not
exceeding
one
hundred
8
fifty
thousand
dollars,
ten
percent.
9
j.
For
a
taxpayer
with
net
income
exceeding
one
hundred
10
fifty
thousand
dollars
but
not
exceeding
one
hundred
11
seventy-five
thousand
dollars,
five
percent.
12
k.
For
a
taxpayer
with
net
income
exceeding
one
hundred
13
seventy-five
thousand
dollars
but
not
exceeding
two
hundred
14
thousand
dollars,
three
percent.
15
l.
For
a
taxpayer
with
net
income
exceeding
two
hundred
16
thousand
dollars
but
not
exceeding
two
hundred
fifty
thousand
17
dollars,
two
percent.
18
m.
For
a
taxpayer
with
net
income
exceeding
two
hundred
19
fifty
thousand
dollars,
zero
percent.
20
DIVISION
II
21
CHILD
CARE
CENTER
AND
CHILD
CARE
HOME
GRANTS
22
Sec.
2.
NEW
SECTION
.
237D.1
Definitions.
23
As
used
in
this
chapter,
unless
the
context
otherwise
24
requires:
25
1.
“Child”
means
the
same
as
defined
in
section
237A.1.
26
2.
“Child
care”
means
the
same
as
defined
in
section
237A.1.
27
3.
“Child
development
home”
means
the
same
as
defined
in
28
section
237A.1.
29
4.
“Department”
means
the
department
of
human
services.
30
5.
“Facility”
means
the
same
as
defined
in
section
237A.1.
31
6.
“Fund”
means
the
child
care
center
and
child
development
32
home
grant
fund.
33
7.
“Home”
means
a
child
development
home.
34
8.
“Licensed
child
care
center”
or
“center”
means
a
facility
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providing
child
care
or
preschool
services
for
seven
or
more
1
children
that
has
been
issued
a
license
by
the
department
2
pursuant
to
section
237A.2.
3
9.
“Program”
means
the
child
care
center
and
child
4
development
home
grant
program.
5
Sec.
3.
NEW
SECTION
.
237D.2
Child
care
center
and
child
6
development
home
grant
fund.
7
1.
A
child
care
center
and
child
development
home
grant
fund
8
is
created
and
established
as
a
separate
and
distinct
fund
in
9
the
state
treasury
under
the
control
of
the
department.
10
2.
a.
The
fund
may
consist
of
any
moneys
appropriated
by
11
the
general
assembly
for
purposes
of
this
chapter
and
any
other
12
moneys
that
are
lawfully
available
to
the
department.
Moneys
13
in
the
fund
are
appropriated
to
the
department
and
shall
be
14
used
for
the
purposes
of
this
chapter.
15
b.
Notwithstanding
section
8.33,
moneys
in
the
fund
16
that
remain
unencumbered
or
unobligated
at
the
close
of
the
17
fiscal
year
shall
not
revert
but
shall
remain
available
for
18
expenditure
for
the
purposes
of
this
section
in
succeeding
19
fiscal
years.
Notwithstanding
section
12C.7,
subsection
2,
20
interest
earned
on
moneys
in
the
fund
shall
be
credited
to
the
21
fund.
22
Sec.
4.
NEW
SECTION
.
237D.3
Child
care
center
and
child
23
development
home
grant
program.
24
1.
The
department
shall
adopt
rules
to
establish
and
25
administer
a
child
care
center
and
child
development
home
26
grant
program
to
provide
for
the
allocation
of
money
in
the
27
fund
in
the
form
of
grants,
not
to
exceed
fifty
thousand
28
dollars
per
grant,
to
eligible
persons
for
costs
related
to
29
the
establishment
of
a
new
licensed
child
care
center
or
30
a
new
child
development
home,
or
for
the
expansion
of
an
31
existing
licensed
child
care
center
or
the
expansion
of
an
32
existing
child
development
home.
For
any
one
fiscal
year,
the
33
department
shall
not
approve
more
than
four
million
dollars
34
in
grants.
The
rules
adopted
by
the
department
shall
specify
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the
eligibility
requirements
for
applicants
of
the
program
and
1
the
items
eligible
for
a
program
grant.
Items
eligible
for
a
2
program
grant
must
include
the
costs
related
to
licensing
or
3
registration,
supplies,
employee
salaries,
and
infrastructure.
4
2.
A
new
center
or
a
new
home
must
be
licensed
or
registered
5
and
fully
operational
within
two
years
of
the
date
of
an
6
applicant’s
receipt
of
a
grant.
7
3.
Of
the
children
for
whom
a
new
or
expanded
center
or
a
8
new
or
expanded
home
provide
child
care,
a
minimum
of
twenty
9
percent
of
the
children
must
be
from
a
family
that
qualifies
10
for
state
child
care
assistance
pursuant
to
section
237A.13.
11
4.
A
person
that
is
awarded
a
grant
shall
enter
into
an
12
agreement
with
the
department
that
specifies
the
requirements
13
that
must
be
maintained
throughout
the
period
of
the
agreement
14
in
order
for
the
person
to
retain
the
grant.
The
agreement
15
must
contain,
at
a
minimum,
provisions
addressing
all
of
the
16
following:
17
a.
The
legal
name
of
the
person
receiving
the
grant.
18
b.
The
amount
of
the
grant.
19
c.
Annual
certification
by
the
person
to
the
department
of
20
compliance
with
the
requirements
of
the
agreement,
the
program,
21
and
this
chapter.
22
d.
The
repayment
of
the
grant,
or
a
portion
of
the
grant,
23
if
the
person
does
not
meet
all
of
the
requirements
of
the
24
agreement,
the
program,
and
this
chapter.
25
e.
If
a
new
center
or
a
new
home
for
which
the
grant
was
26
received
goes
out
of
business
within
two
years
of
the
date
the
27
new
center
or
new
home
becomes
fully
operational
pursuant
to
28
subsection
2,
the
grant
shall
be
subject
to
repayment.
If
an
29
expanded
center
or
an
expanded
home
for
which
the
grant
was
30
received
goes
out
of
business
within
two
years
of
the
date
on
31
which
the
grant
was
received,
the
grant
shall
be
subject
to
32
repayment.
33
DIVISION
III
34
SMALL
BUSINESS
CHILD
CARE
TAX
CREDIT
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Sec.
5.
NEW
SECTION
.
237A.31
Small
business
child
care
tax
1
credit.
2
1.
As
used
in
this
section
“small
business”
means
any
3
enterprise
which
is
located
in
this
state,
which
is
operated
4
for
profit
and
under
a
single
management,
and
which
has
either
5
fewer
than
twenty
employees
or
an
annual
gross
income
of
less
6
than
four
million
dollars
computed
as
the
average
of
the
three
7
preceding
fiscal
years.
This
definition
does
not
apply
to
any
8
program
or
activity
for
which
a
definition
for
small
business
9
is
provided
for
the
program
or
activity
by
federal
law
or
10
regulation
or
other
state
law.
11
2.
A
small
business
may
receive
a
child
care
tax
credit
12
for
providing
child
care
employee
benefits
to
employees
of
the
13
business.
The
credit
may
be
applied
against
income
tax
imposed
14
under
chapter
422,
subchapter
II
or
III,
the
franchise
tax
15
imposed
under
chapter
422,
subchapter
V,
the
gross
premiums
16
tax
imposed
under
chapter
432,
or
the
moneys
and
credits
tax
17
imposed
in
section
533.329.
The
amount
of
the
credit
equals
18
the
costs
to
provide
the
benefit
up
to
three
thousand
dollars
19
per
employee
per
year.
20
3.
The
aggregate
amount
of
tax
credits
authorized
pursuant
21
to
this
section
shall
not
exceed
a
total
of
two
million
22
dollars
per
fiscal
year,
and
shall
be
awarded
on
a
first-come,
23
first-served
basis.
24
4.
To
be
eligible
for
a
small
business
child
care
tax
25
credit,
the
small
business
must
provide
child
care
employee
26
benefits
to
employees
of
the
business
through
any
of
the
27
following:
28
a.
Build
a
new
structure
or
rehabilitate
an
existing
29
structure
to
be
used
as
a
child
care
center
at
or
near
the
small
30
business
where
the
children
of
the
employees
of
the
business
31
are
provided
child
care.
A
small
business
may
construct
or
32
rehabilitate
the
structure
in
conjunction
with
another
business
33
but
only
the
actual
cost
of
the
business
shall
be
considered
in
34
determining
the
credit.
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b.
Operate
or
lease
a
child
care
center
at
or
near
the
small
1
business
where
the
children
of
the
employees
of
the
business
2
are
provided
child
care.
3
5.
Any
credit
in
excess
of
the
tax
liability
is
not
4
refundable
but
the
excess
for
the
tax
year
may
be
credited
5
to
the
tax
liability
for
the
following
five
years
or
until
6
depleted,
whichever
is
earlier.
The
director
of
revenue
shall
7
adopt
rules
to
implement
this
section.
8
Sec.
6.
NEW
SECTION
.
422.12O
Small
business
child
care
tax
9
credit.
10
1.
The
taxes
imposed
under
this
subchapter,
less
the
credits
11
allowed
under
section
422.12,
shall
be
reduced
by
a
small
12
business
child
care
tax
credit
received
pursuant
to
section
13
237A.31.
14
2.
An
individual
may
claim
the
tax
credit
allowed
a
15
partnership,
S
corporation,
limited
liability
company,
estate,
16
or
trust
electing
to
have
the
income
taxed
directly
to
the
17
individual.
The
amount
claimed
by
the
individual
shall
be
18
based
upon
the
pro
rata
share
of
the
individual’s
earnings
of
a
19
partnership,
S
corporation,
limited
liability
company,
estate,
20
or
trust.
21
Sec.
7.
Section
422.33,
Code
2022,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
32.
The
taxes
imposed
under
this
subchapter
24
shall
be
reduced
by
a
small
business
child
care
tax
credit
25
received
pursuant
to
section
237A.31.
26
Sec.
8.
Section
422.60,
Code
2022,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
15.
The
taxes
imposed
under
this
subchapter
29
shall
be
reduced
by
a
small
business
child
care
tax
credit
30
received
pursuant
to
section
237A.31.
31
Sec.
9.
NEW
SECTION
.
432.12O
Small
business
child
care
tax
32
credit.
33
The
taxes
imposed
under
this
chapter
shall
be
reduced
by
34
a
small
business
child
care
tax
credit
received
pursuant
to
35
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section
237A.31.
1
Sec.
10.
Section
533.329,
subsection
2,
Code
2022,
is
2
amended
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
m.
The
moneys
and
credits
tax
imposed
under
4
this
section
shall
be
reduced
by
a
small
business
child
care
5
tax
credit
received
pursuant
to
section
237A.31.
6
Sec.
11.
APPLICABILITY.
This
division
of
this
Act
applies
7
to
tax
years
beginning
on
or
after
January
1,
2023.
8
DIVISION
IV
9
STATE
CHILD
CARE
ASSISTANCE
10
Sec.
12.
Section
237A.13,
subsection
7,
paragraph
c,
Code
11
2022,
is
amended
to
read
as
follows:
12
c.
Families
with
an
income
of
more
than
one
hundred
13
percent
but
not
more
than
one
two
hundred
forty-five
percent
14
of
the
federal
poverty
level
whose
members,
for
at
least
15
twenty-eight
hours
per
week
in
the
aggregate,
are
employed
16
or
are
participating
at
a
satisfactory
level
in
an
approved
17
training
program
or
educational
program.
18
Sec.
13.
DIRECTIVE
TO
DEPARTMENT
OF
HUMAN
SERVICES
——
CHILD
19
CARE
ASSISTANCE.
20
1.
The
department
of
human
services
shall
amend
its
21
administrative
rules
pursuant
to
chapter
17A
to
do
all
of
the
22
following:
23
a.
Provide
income
eligibility
for
state
child
care
24
assistance,
according
to
family
size
for
children
needing
basic
25
care,
to
families
whose
nonexempt
gross
monthly
income
does
not
26
exceed
two
hundred
percent
of
the
federal
poverty
level.
27
b.
Adjust
the
state
child
care
assistance
copayment
28
schedule
in
incrementally
increased
amounts
for
families
whose
29
nonexempt
gross
monthly
income
does
not
exceed
two
hundred
30
percent
of
the
federal
poverty
level.
31
2.
The
rules
adopted
pursuant
to
this
section
shall
take
32
effect
January
1,
2023.
33
DIVISION
V
34
ECONOMIC
DEVELOPMENT
LEGISLATIVE
FINDINGS
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Sec.
14.
Section
96.2,
Code
2022,
is
amended
to
read
as
1
follows:
2
96.2
Guide
for
interpretation.
3
1.
As
a
guide
to
the
interpretation
and
application
of
4
this
chapter
,
the
public
policy
of
this
state
is
declared
to
5
be
as
follows:
Economic
insecurity
due
to
unemployment
is
6
a
serious
menace
to
the
health,
morals,
and
welfare
of
the
7
people
of
this
state.
Involuntary
unemployment
is
therefore
8
a
subject
of
general
interest
and
concern
which
requires
9
appropriate
action
by
the
legislature
to
prevent
its
spread
10
and
to
lighten
its
burden
which
now
so
often
falls
with
11
crushing
force
upon
the
unemployed
worker
and
the
worker’s
12
family.
The
achievement
of
social
security
requires
protection
13
against
this
greatest
hazard
of
our
economic
life.
This
can
14
be
provided
by
encouraging
employers
to
provide
more
stable
15
employment
and
by
the
systematic
accumulation
of
funds
during
16
periods
of
employment
to
provide
benefits
for
periods
of
17
unemployment,
thus
maintaining
purchasing
power
and
limiting
18
the
serious
social
consequences
of
poor
relief
assistance.
19
The
legislature,
therefore,
declares
that
in
its
considered
20
judgment
the
public
good
and
the
general
welfare
of
the
21
citizens
of
this
state
require
the
enactment
of
this
measure,
22
under
the
police
powers
of
the
state,
for
the
compulsory
23
setting
aside
of
unemployment
reserves
to
be
used
for
the
24
benefit
of
persons
unemployed
through
no
fault
of
their
own.
25
2.
It
is
the
finding
of
the
legislature
that
true
economic
26
development
can
only
be
achieved
when
workers
are
given
the
27
respect
they
deserve.
Economic
development
must
include
all
28
residents
of
this
state,
including
men
and
women,
people
of
all
29
gender
identities,
minorities,
and
immigrants.
The
legislature
30
further
finds
that
economic
development
should
include
but
not
31
be
limited
to
residents
of
this
state
being
paid
a
living
wage,
32
this
state
being
a
welcoming
place
for
immigrants,
child
care
33
and
housing
being
readily
affordable
and
available,
and
public
34
workers
having
collective
bargaining
rights.
>
35
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2.
Title
page,
by
striking
line
1
and
inserting
<
An
Act
1
relating
to
economic
development
including
child
care,
grants
2
and
tax
credits
relating
to
child
care,
state
child
care
3
assistance,
legislative
findings,
and
including
applicability
4
provisions.
>>
5
______________________________
HUNTER
of
Polk
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#2.