House
File
668
H-1150
Amend
House
File
668
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
DIVISION
I
3
CHILD
CARE
CENTERS
AND
FACILITIES
——
PROPERTY
TAXATION
>
4
2.
Page
4,
line
33,
after
<
This
>
by
inserting
<
division
of
5
this
>
6
3.
Page
5,
line
3,
after
<
this
>
by
inserting
<
division
of
7
this
>
8
4.
Page
5,
line
6,
after
<
this
>
by
inserting
<
division
of
9
this
>
10
5.
Page
5,
line
11,
after
<
this
>
by
inserting
<
division
of
11
this
>
12
6.
Page
5,
line
13,
after
<
this
>
by
inserting
<
division
of
13
this
>
14
7.
Page
5,
after
line
15
by
inserting:
15
<
DIVISION
___
16
CHILD
AND
DEPENDENT
CARE
TAX
CREDIT
17
Sec.
___.
Section
422.12C,
subsection
1,
Code
2023,
is
18
amended
by
striking
the
subsection
and
inserting
in
lieu
19
thereof
the
following:
20
1.
The
taxes
imposed
under
this
subchapter,
less
the
amounts
21
of
nonrefundable
credits
allowed
under
this
subchapter,
shall
22
be
reduced
by
a
child
and
dependent
care
credit
equal
to
the
23
following
percentages
of
the
federal
child
and
dependent
care
24
credit
provided
in
section
21
of
the
Internal
Revenue
Code,
25
without
regard
to
whether
or
not
the
federal
credit
was
limited
26
by
the
taxpayer’s
federal
tax
liability:
27
a.
For
a
taxpayer
with
net
income
of
forty-five
thousand
28
dollars
or
less,
one
hundred
percent.
29
b.
For
a
taxpayer
with
net
income
exceeding
forty-five
30
thousand
dollars
but
not
exceeding
fifty
thousand
dollars,
31
eighty-eight
percent.
32
c.
For
a
taxpayer
with
net
income
exceeding
fifty
thousand
33
dollars
but
not
exceeding
sixty
thousand
dollars,
seventy-five
34
percent.
35
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#1.
#2.
#3.
#4.
#5.
#6.
#7.
d.
For
a
taxpayer
with
net
income
exceeding
sixty
thousand
1
dollars
but
not
exceeding
seventy
thousand
dollars,
sixty-three
2
percent.
3
e.
For
a
taxpayer
with
net
income
exceeding
seventy
thousand
4
dollars
but
not
exceeding
eighty
thousand
dollars,
fifty
5
percent.
6
f.
For
a
taxpayer
with
net
income
exceeding
eighty
thousand
7
dollars
but
not
exceeding
ninety
thousand
dollars,
thirty-eight
8
percent.
9
g.
For
a
taxpayer
with
net
income
exceeding
ninety
thousand
10
dollars
but
not
exceeding
one
hundred
thousand
dollars,
11
twenty-five
percent.
12
h.
For
a
taxpayer
with
net
income
exceeding
one
hundred
13
thousand
dollars
but
not
exceeding
one
hundred
twenty-five
14
thousand
dollars,
thirteen
percent.
15
i.
For
a
taxpayer
with
net
income
exceeding
one
hundred
16
twenty-five
thousand
dollars
but
not
exceeding
one
hundred
17
fifty
thousand
dollars,
ten
percent.
18
j.
For
a
taxpayer
with
net
income
exceeding
one
hundred
19
fifty
thousand
dollars
but
not
exceeding
one
hundred
20
seventy-five
thousand
dollars,
five
percent.
21
k.
For
a
taxpayer
with
net
income
exceeding
one
hundred
22
seventy-five
thousand
dollars
but
not
exceeding
two
hundred
23
thousand
dollars,
three
percent.
24
l.
For
a
taxpayer
with
net
income
exceeding
two
hundred
25
thousand
dollars
but
not
exceeding
two
hundred
fifty
thousand
26
dollars,
two
percent.
27
m.
For
a
taxpayer
with
net
income
exceeding
two
hundred
28
fifty
thousand
dollars,
zero
percent.
29
DIVISION
___
30
CHILD
CARE
CENTER
AND
CHILD
DEVELOPMENT
HOME
GRANTS
31
Sec.
___.
NEW
SECTION
.
237D.1
Definitions.
32
As
used
in
this
chapter,
unless
the
context
otherwise
33
requires:
34
1.
“Child”
means
the
same
as
defined
in
section
237A.1.
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2.
“Child
care”
means
the
same
as
defined
in
section
237A.1.
1
3.
“Child
development
home”
means
the
same
as
defined
in
2
section
237A.1.
3
4.
“Department”
means
the
department
of
health
and
human
4
services.
5
5.
“Facility”
means
the
same
as
defined
in
section
237A.1.
6
6.
“Fund”
means
the
child
care
center
and
child
development
7
home
grant
fund.
8
7.
“Home”
means
a
child
development
home.
9
8.
“Licensed
child
care
center”
or
“center”
means
a
facility
10
providing
child
care
or
preschool
services
for
seven
or
more
11
children
that
has
been
issued
a
license
by
the
department
12
pursuant
to
section
237A.2.
13
9.
“Program”
means
the
child
care
center
and
child
14
development
home
grant
program.
15
Sec.
___.
NEW
SECTION
.
237D.2
Child
care
center
and
child
16
development
home
grant
fund.
17
1.
A
child
care
center
and
child
development
home
grant
fund
18
is
created
and
established
as
a
separate
and
distinct
fund
in
19
the
state
treasury
under
the
control
of
the
department.
20
2.
a.
The
fund
may
consist
of
any
moneys
appropriated
by
21
the
general
assembly
for
purposes
of
this
chapter
and
any
other
22
moneys
that
are
lawfully
available
to
the
department.
Moneys
23
in
the
fund
are
appropriated
to
the
department
and
shall
be
24
used
for
the
purposes
of
this
chapter.
25
b.
Notwithstanding
section
8.33,
moneys
in
the
fund
26
that
remain
unencumbered
or
unobligated
at
the
close
of
the
27
fiscal
year
shall
not
revert
but
shall
remain
available
for
28
expenditure
for
the
purposes
of
this
section
in
succeeding
29
fiscal
years.
Notwithstanding
section
12C.7,
subsection
2,
30
interest
earned
on
moneys
in
the
fund
shall
be
credited
to
the
31
fund.
32
Sec.
___.
NEW
SECTION
.
237D.3
Child
care
center
and
child
33
development
home
grant
program.
34
1.
The
department
shall
adopt
rules
to
establish
and
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administer
a
child
care
center
and
child
development
home
1
grant
program
to
provide
for
the
allocation
of
money
in
the
2
fund
in
the
form
of
grants,
not
to
exceed
fifty
thousand
3
dollars
per
grant,
to
eligible
persons
for
costs
related
to
4
the
establishment
of
a
new
licensed
child
care
center
or
5
a
new
child
development
home,
or
for
the
expansion
of
an
6
existing
licensed
child
care
center
or
the
expansion
of
an
7
existing
child
development
home.
For
any
one
fiscal
year,
the
8
department
shall
not
approve
more
than
four
million
dollars
9
in
grants.
The
rules
adopted
by
the
department
shall
specify
10
the
eligibility
requirements
for
applicants
of
the
program
and
11
the
items
eligible
for
a
program
grant.
Items
eligible
for
a
12
program
grant
must
include
the
costs
related
to
licensing
or
13
registration,
supplies,
employee
salaries,
and
infrastructure.
14
2.
A
new
center
or
a
new
home
must
be
licensed
or
registered
15
and
fully
operational
within
two
years
of
the
date
of
an
16
applicant’s
receipt
of
a
grant.
17
3.
Of
the
children
for
whom
a
new
or
expanded
center
or
a
18
new
or
expanded
home
provide
child
care,
a
minimum
of
twenty
19
percent
of
the
children
must
be
from
a
family
that
qualifies
20
for
state
child
care
assistance
pursuant
to
section
237A.13.
21
4.
A
person
that
is
awarded
a
grant
shall
enter
into
an
22
agreement
with
the
department
that
specifies
the
requirements
23
that
must
be
maintained
throughout
the
period
of
the
agreement
24
in
order
for
the
person
to
retain
the
grant.
The
agreement
25
must
contain,
at
a
minimum,
provisions
addressing
all
of
the
26
following:
27
a.
The
legal
name
of
the
person
receiving
the
grant.
28
b.
The
amount
of
the
grant.
29
c.
Annual
certification
by
the
person
to
the
department
of
30
compliance
with
the
requirements
of
the
agreement,
the
program,
31
and
this
chapter.
32
d.
The
repayment
of
the
grant,
or
a
portion
of
the
grant,
33
if
the
person
does
not
meet
all
of
the
requirements
of
the
34
agreement,
the
program,
and
this
chapter.
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e.
If
a
new
center
or
a
new
home
for
which
the
grant
was
1
received
goes
out
of
business
within
two
years
of
the
date
the
2
new
center
or
new
home
becomes
fully
operational
pursuant
to
3
subsection
2,
the
grant
shall
be
subject
to
repayment.
If
an
4
expanded
center
or
an
expanded
home
for
which
the
grant
was
5
received
goes
out
of
business
within
two
years
of
the
date
on
6
which
the
grant
was
received,
the
grant
shall
be
subject
to
7
repayment.
8
DIVISION
___
9
SMALL
BUSINESS
CHILD
CARE
TAX
CREDIT
10
Sec.
___.
NEW
SECTION
.
237A.32
Small
business
child
care
11
tax
credit.
12
1.
As
used
in
this
section
“small
business”
means
any
13
enterprise
which
is
located
in
this
state,
which
is
operated
14
for
profit
and
under
a
single
management,
and
which
has
either
15
fewer
than
twenty
employees
or
an
annual
gross
income
of
less
16
than
four
million
dollars
computed
as
the
average
of
the
three
17
preceding
fiscal
years.
This
definition
does
not
apply
to
any
18
program
or
activity
for
which
a
definition
for
small
business
19
is
provided
for
the
program
or
activity
by
federal
law
or
20
regulation
or
other
state
law.
21
2.
A
small
business
may
receive
a
child
care
tax
credit
22
for
providing
child
care
employee
benefits
to
employees
of
the
23
business.
The
credit
may
be
applied
against
income
tax
imposed
24
under
chapter
422,
subchapter
II
or
III,
the
franchise
tax
25
imposed
under
chapter
422,
subchapter
V,
the
gross
premiums
26
tax
imposed
under
chapter
432,
or
the
moneys
and
credits
tax
27
imposed
in
section
533.329.
The
amount
of
the
credit
equals
28
the
costs
to
provide
the
benefit
up
to
three
thousand
dollars
29
per
employee
per
year.
30
3.
The
aggregate
amount
of
tax
credits
authorized
pursuant
31
to
this
section
shall
not
exceed
a
total
of
two
million
32
dollars
per
fiscal
year,
and
shall
be
awarded
on
a
first-come,
33
first-served
basis.
34
4.
To
be
eligible
for
a
small
business
child
care
tax
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credit,
the
small
business
must
provide
child
care
employee
1
benefits
to
employees
of
the
business
through
any
of
the
2
following:
3
a.
Build
a
new
structure
or
rehabilitate
an
existing
4
structure
to
be
used
as
a
child
care
center
at
or
near
the
small
5
business
where
the
children
of
the
employees
of
the
business
6
are
provided
child
care.
A
small
business
may
construct
or
7
rehabilitate
the
structure
in
conjunction
with
another
business
8
but
only
the
actual
cost
of
the
business
shall
be
considered
in
9
determining
the
credit.
10
b.
Operate
or
lease
a
child
care
center
at
or
near
the
small
11
business
where
the
children
of
the
employees
of
the
business
12
are
provided
child
care.
13
5.
A
taxpayer
who
elects
to
claim
the
small
business
child
14
care
tax
credit
shall
not
claim
the
employer
child
care
tax
15
credit
under
section
237A.31.
16
6.
Any
credit
in
excess
of
the
tax
liability
is
not
17
refundable
but
the
excess
for
the
tax
year
may
be
credited
18
to
the
tax
liability
for
the
following
five
years
or
until
19
depleted,
whichever
is
earlier.
The
director
of
revenue
shall
20
adopt
rules
to
implement
this
section.
21
Sec.
___.
NEW
SECTION
.
422.12P
Small
business
child
care
22
tax
credit.
23
1.
The
taxes
imposed
under
this
subchapter,
less
the
credits
24
allowed
under
section
422.12,
shall
be
reduced
by
a
small
25
business
child
care
tax
credit
received
pursuant
to
section
26
237A.32.
27
2.
An
individual
may
claim
the
tax
credit
allowed
a
28
partnership,
S
corporation,
limited
liability
company,
estate,
29
or
trust
electing
to
have
the
income
taxed
directly
to
the
30
individual.
The
amount
claimed
by
the
individual
shall
be
31
based
upon
the
pro
rata
share
of
the
individual’s
earnings
of
a
32
partnership,
S
corporation,
limited
liability
company,
estate,
33
or
trust.
34
Sec.
___.
Section
422.33,
Code
2023,
is
amended
by
adding
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the
following
new
subsection:
1
NEW
SUBSECTION
.
33.
The
taxes
imposed
under
this
subchapter
2
shall
be
reduced
by
a
small
business
child
care
tax
credit
3
received
pursuant
to
section
237A.32.
4
Sec.
___.
Section
422.60,
Code
2023,
is
amended
by
adding
5
the
following
new
subsection:
6
NEW
SUBSECTION
.
16.
The
taxes
imposed
under
this
subchapter
7
shall
be
reduced
by
a
small
business
child
care
tax
credit
8
received
pursuant
to
section
237A.32.
9
Sec.
___.
NEW
SECTION
.
432.12P
Small
business
child
care
10
tax
credit.
11
The
taxes
imposed
under
this
chapter
shall
be
reduced
by
12
a
small
business
child
care
tax
credit
received
pursuant
to
13
section
237A.32.
14
Sec.
___.
Section
533.329,
subsection
2,
Code
2023,
is
15
amended
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
n.
The
moneys
and
credits
tax
imposed
under
17
this
section
shall
be
reduced
by
a
small
business
child
care
18
tax
credit
received
pursuant
to
section
237A.32.
19
Sec.
___.
APPLICABILITY.
This
division
of
this
Act
applies
20
to
tax
years
beginning
on
or
after
January
1,
2023.
21
DIVISION
___
22
STATE
CHILD
CARE
ASSISTANCE
23
Sec.
___.
Section
237A.13,
subsection
8,
paragraph
c,
Code
24
2023,
is
amended
to
read
as
follows:
25
c.
Families
with
an
income
of
more
than
one
hundred
26
percent
but
not
more
than
one
two
hundred
forty-five
percent
27
of
the
federal
poverty
level
whose
members,
for
at
least
28
twenty-eight
hours
per
week
in
the
aggregate,
are
employed
29
or
are
participating
at
a
satisfactory
level
in
an
approved
30
training
program
or
educational
program.
31
Sec.
___.
DIRECTIVE
TO
DEPARTMENT
OF
HEALTH
AND
HUMAN
32
SERVICES
——
CHILD
CARE
ASSISTANCE.
33
1.
The
department
of
health
and
human
services
shall
amend
34
its
administrative
rules
pursuant
to
chapter
17A
to
do
all
of
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8
the
following:
1
a.
Provide
income
eligibility
for
state
child
care
2
assistance,
according
to
family
size
for
children
needing
basic
3
care,
to
families
whose
nonexempt
gross
monthly
income
does
not
4
exceed
two
hundred
percent
of
the
federal
poverty
level.
5
b.
Adjust
the
state
child
care
assistance
copayment
6
schedule
in
incrementally
increased
amounts
for
families
whose
7
nonexempt
gross
monthly
income
does
not
exceed
two
hundred
8
percent
of
the
federal
poverty
level.
9
2.
The
rules
adopted
pursuant
to
this
section
shall
take
10
effect
January
1,
2024.
>
11
8.
Title
page,
by
striking
lines
1
and
2
and
inserting
<
An
12
Act
relating
to
child
care
and
including
effective
date,
>
13
9.
By
renumbering
as
necessary.
14
______________________________
KURTH
of
Scott
______________________________
______________________________
-8-
HF
668.1312
(1)
90
md/rn
8/
8
#8.
#9.