Senate
File
217
-
Introduced
SENATE
FILE
217
BY
DANIELSON
A
BILL
FOR
An
Act
providing
private
and
public
employers
with
military
1
personnel
and
veteran
hiring
incentives,
making
2
appropriations,
and
including
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
HIRE
A
HERO
TAX
CREDIT
2
Section
1.
NEW
SECTION
.
422.10A
Hire
a
hero
tax
credit.
3
1.
The
taxes
imposed
under
this
division,
less
the
credits
4
allowed
under
section
422.12,
shall
be
reduced
by
a
hire
a
hero
5
tax
credit.
An
employer
who
hires
and
employs
an
eligible
6
employee
is
eligible
to
claim
the
tax
credit.
7
2.
As
used
in
this
section:
8
a.
“Eligible
employee”
means
a
person
who
is
a
resident
9
of
this
state
and
a
member
of
the
national
guard,
reserve,
or
10
regular
component
of
the
armed
forces
of
the
United
States,
or
11
a
veteran
as
defined
in
section
35.1,
employed
on
a
permanent
12
full-time
or
a
permanent
part-time
basis
of
at
least
thirty
13
hours
per
week
each
week
and
earns
a
salary
of
thirty-five
14
thousand
dollars
or
more
from
the
employer
for
the
tax
year.
15
A
person
shall
not
be
an
eligible
employee
if
the
person
was
16
hired
to
replace
a
different
eligible
employee
whose
employment
17
was
terminated
within
the
twelve-month
period
preceding
the
18
date
of
first
employment,
unless
the
eligible
employee
being
19
replaced
left
employment
voluntarily
without
good
cause
20
attributable
to
the
employer
or
was
discharged
for
misconduct
21
in
connection
with
the
eligible
employee’s
employment.
22
b.
“Employer”
includes
a
self-employed
person
who
meets
the
23
definition
of
eligible
employee.
24
c.
“Military
service”
means
federal
active
duty,
state
25
active
duty,
or
national
guard
duty,
as
defined
in
section
26
29A.1.
27
3.
The
allowable
credit
shall
be
an
amount
equal
to
the
sum
28
of
the
following:
29
a.
(1)
One
thousand
dollars
for
each
eligible
employee
30
hired
for
employment
in
this
state
during
the
tax
year.
31
(2)
If
the
eligible
employee
was
not
employed
by
the
32
employer
for
the
entire
tax
year,
the
amount
of
the
credit
in
33
subparagraph
(1)
shall
be
prorated
and
the
amount
of
the
credit
34
for
the
taxpayer
shall
equal
the
maximum
amount
of
credit
for
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the
tax
year,
divided
by
twelve,
multiplied
by
the
number
of
1
months
in
the
tax
year
that
the
eligible
employee
was
employed
2
by
the
employer.
The
credit
shall
be
rounded
to
the
nearest
3
dollar.
If
the
employee
was
employed
by
the
employer
during
4
any
part
of
a
month,
the
eligible
employee
shall
be
considered
5
to
be
employed
for
the
entire
month.
6
b.
(1)
Five
hundred
dollars
for
each
eligible
employee
7
employed
in
this
state
during
a
tax
year
subsequent
to
the
tax
8
year
that
the
employee
was
hired
for
employment
in
this
state.
9
(2)
If
the
eligible
employee
was
not
employed
by
the
10
employer
for
the
entire
tax
year,
the
amount
of
the
credit
in
11
subparagraph
(1)
shall
be
prorated
and
the
amount
of
the
credit
12
for
the
taxpayer
shall
equal
the
maximum
amount
of
credit
for
13
the
tax
year,
divided
by
twelve,
multiplied
by
the
number
of
14
months
in
the
tax
year
that
the
eligible
employee
was
employed
15
by
the
employer.
The
credit
shall
be
rounded
to
the
nearest
16
dollar.
If
the
employee
was
employed
by
the
employer
during
17
any
part
of
a
month,
the
eligible
employee
shall
be
considered
18
to
be
employed
for
the
entire
month.
19
c.
In
addition
to
the
credit
amount
in
paragraph
“a”
or
“b”
,
20
five
hundred
dollars
for
each
eligible
employee
who
performs
at
21
least
thirty
days
of
military
service
during
the
tax
year
while
22
employed
by
the
employer.
23
4.
Any
credit
in
excess
of
the
tax
liability
shall
be
24
refunded.
In
lieu
of
claiming
a
refund,
a
taxpayer
may
25
elect
to
have
the
overpayment
shown
on
the
taxpayer’s
final,
26
completed
return
credited
to
the
tax
liability
for
the
27
following
tax
year.
28
5.
An
individual
may
claim
the
tax
credit
allowed
a
29
partnership,
limited
liability
company,
S
corporation,
estate,
30
or
trust
electing
to
have
the
income
taxed
directly
to
the
31
individual.
The
amount
claimed
by
the
individual
shall
be
32
based
upon
the
pro
rata
share
of
the
individual’s
earnings
of
a
33
partnership,
limited
liability
company,
S
corporation,
estate,
34
or
trust.
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6.
The
department
shall,
by
rule,
establish
a
process
by
1
which
to
verify
the
status
of
eligible
employees,
as
defined
in
2
this
section.
3
Sec.
2.
Section
422.33,
Code
2013,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
11.
The
taxes
imposed
under
this
division
6
shall
be
reduced
by
a
hire
a
hero
tax
credit.
The
taxpayer
7
shall
claim
the
tax
credit
according
to
the
same
requirements
8
and
calculated
in
the
same
manner
as
provided
in
section
9
422.10A.
10
Sec.
3.
Section
422.60,
Code
2013,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
12.
The
taxes
imposed
under
this
division
13
shall
be
reduced
by
a
hire
a
hero
tax
credit.
The
taxpayer
14
shall
claim
the
tax
credit
according
to
the
same
requirements
15
and
calculated
in
the
same
manner
as
provided
in
section
16
422.10A.
17
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
division
of
this
18
Act
applies
retroactively
to
January
1,
2013,
for
eligible
19
employees
hired
or
employed
on
or
after
that
date.
20
DIVISION
II
21
IOWA
FULFILLING
THE
PROMISE
FUND
22
Sec.
5.
NEW
SECTION
.
35A.23
Iowa
fulfilling
the
promise
23
fund.
24
1.
a.
An
Iowa
fulfilling
the
promise
fund
is
created
in
the
25
state
treasury
under
the
control
of
the
department.
The
fund
26
shall
consist
of
appropriations
made
to
the
fund
and
any
other
27
moneys
available
to
and
obtained
or
accepted
by
the
department
28
from
other
sources
for
deposit
in
the
fund.
29
b.
There
is
appropriated
from
the
general
fund
of
the
state
30
to
the
department
for
the
fiscal
year
beginning
July
1,
2013,
31
the
sum
of
ten
million
dollars
to
be
credited
to
the
Iowa
32
fulfilling
the
promise
fund.
33
c.
The
moneys
credited
to
the
fund
are
not
subject
to
34
section
8.33
and
moneys
in
the
fund
shall
not
be
transferred,
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used,
obligated,
appropriated,
or
otherwise
encumbered
except
1
as
provided
in
this
section.
Notwithstanding
section
12C.7,
2
subsection
2,
interest
or
earnings
on
moneys
deposited
in
the
3
Iowa
fulfilling
the
promise
fund
shall
be
credited
to
the
fund.
4
2.
a.
Moneys
in
the
fund
are
appropriated
annually
to
5
the
department
to
be
used
to
distribute
grants
to
political
6
subdivisions
of
this
state
to
assist
political
subdivisions
in
7
hiring
eligible
veterans.
8
b.
If
sufficient
moneys
are
available,
a
political
9
subdivision
may
apply
for
and
receive
a
grant
of
not
less
than
10
one
thousand
dollars
and
not
more
than
ten
thousand
dollars
for
11
each
eligible
veteran
hired
during
the
fiscal
year.
Grants
12
awarded
under
this
section
shall
be
determined
on
a
sliding
13
scale
established
by
the
department
based
upon
the
salary
14
earned
by
an
eligible
veteran.
15
c.
For
purposes
of
this
section,
“eligible
veteran”
means
16
a
person
who
is
a
resident
of
this
state
and
a
member
of
17
the
national
guard,
reserve,
or
a
regular
component
of
the
18
armed
forces
of
the
United
States,
or
a
veteran
as
defined
in
19
section
35.1,
employed
on
a
permanent
full-time
or
a
permanent
20
part-time
basis
of
at
least
thirty
hours
per
week
each
week.
21
A
person
shall
not
be
considered
an
eligible
veteran
if
22
the
person
was
hired
to
replace
a
different
employee
whose
23
employment
was
terminated
within
the
twelve-month
period
24
preceding
the
date
of
first
employment,
unless
the
employee
25
being
replaced
left
employment
voluntarily
without
good
cause
26
attributable
to
the
employer
or
was
discharged
for
misconduct
27
in
connection
with
the
employee’s
employment.
28
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
29
necessary
for
the
administration
of
this
section.
30
EXPLANATION
31
This
bill
provides
private
and
public
employers
with
certain
32
incentives
for
hiring
veterans
and
currently
serving
members
of
33
the
national
guard,
reserve,
or
regular
component
of
the
armed
34
forces
of
the
United
States.
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Division
I
of
the
bill
creates
the
hire
a
hero
tax
credit
1
for
purposes
of
the
state
individual
and
corporate
income
2
taxes
and
the
franchise
tax.
The
tax
credit
is
available
for
3
employers
in
the
amount
of
$1,000
per
eligible
employee
for
the
4
year
in
which
the
eligible
employee
is
hired,
$500
for
each
5
year
of
employment
subsequent
to
the
year
of
hiring,
and
$500
6
for
each
year
an
eligible
employee
is
called
to
at
least
30
7
days
of
military
service.
The
annual
credits
for
initial
and
8
continued
employment
shall
be
prorated
if
such
employment
does
9
not
extend
through
an
entire
tax
year.
Eligible
employees
must
10
be
a
resident
of
this
state
and
be
a
member
of
the
national
11
guard
or
a
reserve
or
regular
component
of
the
armed
forces
12
of
the
United
States,
or
a
veteran
as
defined
in
Code
section
13
35.1,
and
employed
on
a
permanent
full-time
or
permanent
14
part-time
basis
of
at
least
30
hours
per
week
and
earning
a
15
salary
of
$35,000
or
more.
The
bill
provides
that
an
otherwise
16
eligible
employee
shall
not
be
considered
an
eligible
employee
17
if
the
eligible
employee
was
hired
to
replace
another
eligible
18
employee
whose
employment
was
terminated
in
the
previous
19
12
months
unless
the
eligible
employee
being
replaced
left
20
voluntarily
or
was
discharged
for
misconduct.
The
bill
applies
21
retroactively
to
January
1,
2013,
for
eligible
employees
hired
22
or
employed
on
or
after
that
date.
23
Division
II
of
the
bill
creates
an
Iowa
fulfilling
the
24
promise
fund
to
be
administered
by
the
department
of
veterans
25
affairs.
The
bill
provides
for
a
$10
million
appropriation
for
26
the
fiscal
year
beginning
January
1,
2013.
The
bill
provides
27
that
moneys
in
the
fund
are
appropriated
to
the
department
of
28
veterans
to
distribute
grants
to
political
subdivisions
of
the
29
state
to
hire
eligible
veterans.
The
grants
shall
be
not
less
30
than
$1,000
and
not
more
than
$10,000
and
shall
be
determined
31
on
a
sliding
scale
established
by
the
department
based
upon
the
32
salary
earned
by
an
eligible
veteran.
An
“eligible
veteran”
is
33
defined
as
a
person
who
is
a
resident
of
this
state
and
a
member
34
of
the
national
guard,
reserve,
or
a
regular
component
of
the
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armed
forces
of
the
United
States,
or
a
veteran
as
defined
1
in
Code
section
35.1,
employed
on
a
permanent
full-time
or
a
2
permanent
part-time
basis
of
at
least
30
hours
per
week
each
3
week.
The
bill
provides
that
an
otherwise
eligible
veteran
4
shall
not
be
considered
an
eligible
veteran
if
the
veteran
5
was
hired
to
replace
another
employee
whose
employment
was
6
terminated
in
the
previous
12
months
unless
the
employee
being
7
replaced
left
voluntarily
or
was
discharged
for
misconduct.
8
The
bill
provides
that
the
moneys
credited
to
the
fund
are
not
9
subject
to
Code
section
8.33.
The
bill
also
provides
that
10
interest
or
earnings
on
moneys
deposited
into
the
fund
shall
11
be
credited
to
the
fund.
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