11 | | - | ONCERNING AN INCOME TAX CREDIT FOR ELIGIBLE EARLY CHILDHOOD |
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12 | | - | EDUCATORS |
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13 | | - | , AND, IN CONNECTION THEREWITH , MAKING AN |
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14 | | - | APPROPRIATION |
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15 | | - | . |
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16 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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17 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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18 | | - | hereby finds and declares that: |
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19 | | - | (a) Demand for early childhood educators and directors is expected |
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20 | | - | to increase by nearly twenty-five percent over the next ten years, a rate that |
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21 | | - | is even faster anticipated growth than for kindergarten through twelfth |
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22 | | - | grade educators, and the growth rates for early childhood professionals are |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. high everywhere, but are double in rural counties compared to urban |
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31 | | - | counties and highest in frontier counties; |
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32 | | - | (b) The early care and education sector is comprised almost |
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33 | | - | exclusively of women, forty percent of whom are people of color, and |
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34 | | - | failure to invest in this profession undermines the economic opportunity of |
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35 | | - | early educators and their ability to support the education of the children in |
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36 | | - | their classroom; |
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37 | | - | (c) These educators represent the most racially diverse sector of the |
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38 | | - | teaching workforce, compared to kindergarten through twelfth grade and |
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39 | | - | postsecondary education, but early educators are among the lowest-paid |
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40 | | - | professionals in every state, including Colorado; |
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41 | | - | (d) On average, early childhood educators earn less than half of the |
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42 | | - | salary of kindergarten teachers and over one-third report receiving subsidies |
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43 | | - | from public assistance programs to make ends meet; |
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44 | | - | (e) Low pay and instability in the early childhood sector contribute |
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45 | | - | to high turnover rates with half of all early childhood education |
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46 | | - | professionals changing jobs within three years; |
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47 | | - | (f) The COVID-19 pandemic has exacerbated the challenges facing |
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48 | | - | the recruitment, retention, and professional development of the early |
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49 | | - | childhood workforce at a time when the need for access to early care and |
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50 | | - | education is acute for working families, and women in particular, to be able |
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51 | | - | to enter the workforce; and |
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52 | | - | (g) Investments in the early care and education workforce have a |
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53 | | - | significant return on investment with every dollar invested in the early care |
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54 | | - | and education sector resulting in two dollars and twenty-seven cents in |
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55 | | - | output in the state economy and every job created in the early care and |
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56 | | - | education sector resulting in an additional nearly one and one-half new jobs |
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57 | | - | in the state economy. |
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58 | | - | (2) Now, therefore, the general assembly declares that supporting |
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59 | | - | the early childhood workforce with a targeted tax credit can support stability |
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60 | | - | in the industry and, in turn, support working families, child development, |
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61 | | - | and economic growth. |
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62 | | - | PAGE 2-HOUSE BILL 22-1010 SECTION 2. In Colorado Revised Statutes, add 39-22-547 as |
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63 | | - | follows: |
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64 | | - | 39-22-547. Early childhood educator income tax credit - tax |
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65 | | - | preference performance statement - legislative declaration - definitions |
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66 | | - | - repeal. (1) (a) T |
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67 | | - | HE GENERAL ASSEMBLY FINDS AND DECLARES THAT : |
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| 15 | + | ONCERNING AN INCOME TAX CREDIT FOR ELIGIBLE EARLY101 |
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| 16 | + | CHILDHOOD |
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| 17 | + | EDUCATORS, AND IN CONNECTION THEREWITH,102 |
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| 18 | + | MAKING AN APPROPRIATION .103 |
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| 19 | + | Bill Summary |
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| 20 | + | (Note: This summary applies to this bill as introduced and does |
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| 21 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 22 | + | passes third reading in the house of introduction, a bill summary that |
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| 23 | + | applies to the reengrossed version of this bill will be available at |
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| 24 | + | http://leg.colorado.gov/ |
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| 25 | + | .) |
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| 26 | + | Early Childhood and School Readiness Legislative |
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| 27 | + | Commission. For 5 income tax years, the bill creates a refundable income |
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| 28 | + | tax credit for an eligible early childhood educator who: |
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| 29 | + | ! Has an adjusted gross income below specified thresholds; |
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| 30 | + | and |
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| 31 | + | SENATE |
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| 32 | + | 3rd Reading Unamended |
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| 33 | + | May 5, 2022 |
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| 34 | + | SENATE |
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| 35 | + | Amended 2nd Reading |
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| 36 | + | May 4, 2022 |
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| 37 | + | HOUSE |
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| 38 | + | 3rd Reading Unamended |
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| 39 | + | April 18, 2022 |
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| 40 | + | HOUSE |
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| 41 | + | Amended 2nd Reading |
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| 42 | + | April 14, 2022 |
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| 43 | + | HOUSE SPONSORSHIP |
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| 44 | + | Sirota and Van Beber, Kipp, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, |
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| 45 | + | Duran, Esgar, Exum, Froelich, Garnett, Gonzales-Gutierrez, Gray, Herod, Jodeh, Kennedy, |
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| 46 | + | Lindsay, Lontine, McCluskie, McCormick, McLachlan, Michaelson Jenet, Roberts, Snyder, |
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| 47 | + | Tipper, Titone, Valdez A., Weissman, Woodrow, Young |
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| 48 | + | SENATE SPONSORSHIP |
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| 49 | + | Buckner and Kirkmeyer, Story, Bridges, Fenberg, Fields, Ginal, Hinrichsen, Jaquez |
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| 50 | + | Lewis, Lee, Moreno, Pettersen, Zenzinger |
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| 51 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 52 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 53 | + | Dashes through the words indicate deletions from existing statute. ! For at least 6 months of the taxable year, holds an early |
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| 54 | + | childhood professional credential and is either the head of |
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| 55 | + | a family child care home or is employed with an eligible |
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| 56 | + | early childhood education program or a family child care |
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| 57 | + | home. |
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| 58 | + | The bill specifies that an early childhood education program must |
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| 59 | + | have achieved at least a level 2 quality rating under the Colorado shines |
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| 60 | + | quality rating and improvement system and either have fiscal agreements |
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| 61 | + | with the Colorado child care assistance program or meet the federal early |
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| 62 | + | head start or head start standards for a program. The amount of the credit |
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| 63 | + | is dependent on the eligible early childhood educator's credentialing level |
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| 64 | + | and is annually adjusted for inflation. |
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| 65 | + | The department of human services, or a successor department, is |
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| 66 | + | required to provide the department of revenue with an electronic report |
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| 67 | + | of each individual who held an early childhood professional credential |
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| 68 | + | during the previous calendar year for which the credit is allowed. |
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| 69 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 70 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 71 | + | hereby finds and declares that:3 |
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| 72 | + | (a) Demand for early childhood educators and directors is4 |
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| 73 | + | expected to increase by nearly twenty-five percent over the next ten years,5 |
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| 74 | + | a rate that is even faster anticipated growth than for kindergarten through6 |
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| 75 | + | twelfth grade educators, and the growth rates for early childhood7 |
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| 76 | + | professionals are high everywhere, but are double in rural counties8 |
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| 77 | + | compared to urban counties and highest in frontier counties;9 |
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| 78 | + | (b) The early care and education sector is comprised almost10 |
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| 79 | + | exclusively of women, forty percent of whom are people of color, and11 |
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| 80 | + | failure to invest in this profession undermines the economic opportunity12 |
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| 81 | + | of early educators and their ability to support the education of the children13 |
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| 82 | + | in their classroom;14 |
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| 83 | + | (c) These educators represent the most racially diverse sector of15 |
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| 84 | + | the teaching workforce, compared to kindergarten through twelfth grade16 |
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| 85 | + | 1010-2- and postsecondary education, but early educators are among the1 |
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| 86 | + | lowest-paid professionals in every state, including Colorado;2 |
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| 87 | + | (d) On average, early childhood educators earn less than half of3 |
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| 88 | + | the salary of kindergarten teachers and over one-third report receiving4 |
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| 89 | + | subsidies from public assistance programs to make ends meet;5 |
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| 90 | + | (e) Low pay and instability in the early childhood sector contribute6 |
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| 91 | + | to high turnover rates with half of all early childhood education7 |
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| 92 | + | professionals changing jobs within three years;8 |
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| 93 | + | (f) The COVID-19 pandemic has exacerbated the challenges9 |
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| 94 | + | facing the recruitment, retention, and professional development of the10 |
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| 95 | + | early childhood workforce at a time when the need for access to early care11 |
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| 96 | + | and education is acute for working families, and women in particular, to12 |
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| 97 | + | be able to enter the workforce; and13 |
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| 98 | + | (g) Investments in the early care and education workforce have a14 |
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| 99 | + | significant return on investment with every dollar invested in the early15 |
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| 100 | + | care and education sector resulting in two dollars and twenty-seven cents16 |
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| 101 | + | in output in the state economy and every job created in the early care and17 |
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| 102 | + | education sector resulting in an additional nearly one and one-half new18 |
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| 103 | + | jobs in the state economy.19 |
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| 104 | + | (2) Now, therefore, the general assembly declares that supporting20 |
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| 105 | + | the early childhood workforce with a targeted tax credit can support21 |
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| 106 | + | stability in the industry and, in turn, support working families, child22 |
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| 107 | + | development, and economic growth.23 |
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| 108 | + | SECTION 2. In Colorado Revised Statutes, add 39-22-543 as24 |
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| 109 | + | follows:25 |
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| 110 | + | 39-22-543. Early childhood educator income tax credit - tax26 |
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| 111 | + | preference performance statement - legislative declaration -27 |
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| 112 | + | 1010 |
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| 113 | + | -3- definitions - repeal. (1) (a) T HE GENERAL ASSEMBLY FINDS AND1 |
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| 114 | + | DECLARES THAT:2 |
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136 | | - | HAS A FEDERAL ADJUSTED GROSS INCOME LESS THAN OR EQUAL |
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137 | | - | TO SEVENTY |
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138 | | - | -FIVE THOUSAND DOLLARS FOR AN INDIVIDUAL FILING A SINGLE |
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139 | | - | RETURN |
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140 | | - | , OR HAS A FEDERAL ADJUSTED GROSS INCOME LESS THAN OR EQUAL |
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141 | | - | TO ONE HUNDRED FIFTY THOUSAND DOLLARS FOR AN INDIVIDUAL FILING A |
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142 | | - | JOINT RETURN |
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143 | | - | ; |
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144 | | - | (II) H |
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145 | | - | OLDS AN EARLY CHILDHOOD PROFESSIONAL CREDENTIAL FOR |
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146 | | - | AT LEAST PART OF THE INCOME TAX YEAR FOR WHICH THE CREDIT IS |
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147 | | - | CLAIMED |
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148 | | - | ; AND |
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149 | | - | (III) FOR AT LEAST SIX MONTHS OF THE INCOME TAX YEAR FOR |
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150 | | - | WHICH THE CREDIT IS CLAIMED |
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151 | | - | , IS EITHER THE LICENSEE OF AN ELIGIBLE |
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152 | | - | PROGRAM OR EMPLOYED BY AN ELIGIBLE PROGRAM |
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153 | | - | . |
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154 | | - | (d) "E |
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155 | | - | LIGIBLE PROGRAM" MEANS EITHER AN EARLY CHILDHOOD |
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156 | | - | EDUCATION PROGRAM AS DEFINED IN SECTION |
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157 | | - | 26-6.5-101.5 (6.5), OR A |
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158 | | - | LICENSED FAMILY CHILD CARE HOME |
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159 | | - | . AN ELIGIBLE PROGRAM MUST HAVE |
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160 | | - | HELD AT LEAST A LEVEL ONE QUALITY RATING PURSUANT TO THE |
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161 | | - | COLORADO |
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162 | | - | SHINES QUALITY RATING AND IMPROVEMENT SYSTEM ESTABLISHED IN |
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163 | | - | SECTION |
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164 | | - | 26-6.5-106 FOR THE INCOME TAX YEAR FOR WHICH THE CREDIT IS |
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165 | | - | CLAIMED |
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166 | | - | . |
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167 | | - | PAGE 4-HOUSE BILL 22-1010 (e) "FAMILY CHILD CARE HOME" HAS THE SAME MEANING AS SET |
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168 | | - | FORTH IN SECTION |
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169 | | - | 26-6-102 (13). |
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| 169 | + | HAS A FEDERAL ADJUSTED GROSS INCOME LESS THAN OR EQUAL16 |
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| 170 | + | TO SEVENTY-FIVE THOUSAND DOLLARS FOR AN INDIVIDUAL FILING A17 |
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| 171 | + | SINGLE RETURN, OR HAS A FEDERAL ADJUSTED GROSS INCOME LESS THAN18 |
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| 172 | + | OR EQUAL TO |
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| 173 | + | ONE HUNDRED FIFTY THOUSAND DOLLARS FOR AN19 |
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| 174 | + | INDIVIDUAL FILING A JOINT RETURN; 20 |
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| 175 | + | 21 |
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| 176 | + | (II) HOLDS AN EARLY CHILDHOOD PROFESSIONAL CREDENTIAL FOR22 |
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| 177 | + | AT LEAST PART OF THE INCOME TAX YEAR FOR WHICH THE CREDIT IS23 |
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| 178 | + | CLAIMED; AND24 |
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| 179 | + | (III) F |
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| 180 | + | OR AT LEAST SIX MONTHS OF THE INCOME TAX YEAR FOR |
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| 181 | + | 25 |
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| 182 | + | WHICH THE CREDIT IS CLAIMED, IS EITHER THE LICENSEE OF AN ELIGIBLE26 |
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| 183 | + | PROGRAM OR EMPLOYED BY AN ELIGIBLE PROGRAM .27 |
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| 184 | + | 1010 |
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| 185 | + | -5- (d) "ELIGIBLE PROGRAM" MEANS EITHER AN EARLY CHILDHOOD1 |
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| 186 | + | EDUCATION PROGRAM AS DEFINED IN SECTION 26-6.5-101.5 (6.5), OR A2 |
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| 187 | + | LICENSED FAMILY CHILD CARE HOME . AN ELIGIBLE PROGRAM MUST3 |
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| 188 | + | HAVE HELD AT LEAST A LEVEL ONE QUALITY RATING PURSUANT TO THE4 |
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| 189 | + | C |
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| 190 | + | OLORADO SHINES QUALITY RATING AND IMPROVEMENT SYSTEM5 |
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| 191 | + | ESTABLISHED IN SECTION 26-6.5-106 FOR THE INCOME TAX YEAR FOR6 |
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| 192 | + | WHICH THE CREDIT IS |
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| 193 | + | CLAIMED. 7 |
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| 194 | + | (e) "F |
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| 195 | + | AMILY CHILD CARE HOME" HAS THE SAME MEANING AS SET8 |
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| 196 | + | FORTH IN SECTION 26-6-102 (13).9 |
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257 | | - | SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year, |
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258 | | - | $156,743 is appropriated to the department of revenue. This appropriation |
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259 | | - | is from the general fund. To implement this act, the department may use this |
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260 | | - | appropriation as follows: |
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261 | | - | (a) $125,991 for use by taxation services for personal services, |
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262 | | - | which amount is based on an assumption that the department will require |
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263 | | - | an additional 2.0 FTE; |
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264 | | - | (b) $21,570 for use by taxation services for operating expenses; |
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265 | | - | (c) $4,950 for tax administration IT system (GenTax) support; |
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266 | | - | PAGE 6-HOUSE BILL 22-1010 (d) $3,200 for use by the executive director's office for personal |
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267 | | - | services; and |
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268 | | - | (e) $1,032 for the purchase of document management services. |
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269 | | - | (2) For the 2022-23 state fiscal year, $1,032 is appropriated to the |
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270 | | - | department of personnel. This appropriation is from reappropriated funds |
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271 | | - | received from the department of revenue under subsection (1)(e) of this |
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272 | | - | section. To implement this act, the department of personnel may use this |
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273 | | - | appropriation to provide document management services for the department |
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274 | | - | of revenue. |
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275 | | - | SECTION 4. Act subject to petition - effective date. This act |
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276 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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277 | | - | ninety-day period after final adjournment of the general assembly; except |
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278 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
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279 | | - | of the state constitution against this act or an item, section, or part of this act |
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280 | | - | within such period, then the act, item, section, or part will not take effect |
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281 | | - | unless approved by the people at the general election to be held in |
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282 | | - | PAGE 7-HOUSE BILL 22-1010 November 2022 and, in such case, will take effect on the date of the official |
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283 | | - | declaration of the vote thereon by the governor. |
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284 | | - | ____________________________ ____________________________ |
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285 | | - | Alec Garnett Steve Fenberg |
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286 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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287 | | - | OF REPRESENTATIVES THE SENATE |
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288 | | - | ____________________________ ____________________________ |
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289 | | - | Robin Jones Cindi L. Markwell |
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290 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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291 | | - | OF REPRESENTATIVES THE SENATE |
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292 | | - | APPROVED________________________________________ |
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293 | | - | (Date and Time) |
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294 | | - | _________________________________________ |
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295 | | - | Jared S. Polis |
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296 | | - | GOVERNOR OF THE STATE OF COLORADO |
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297 | | - | PAGE 8-HOUSE BILL 22-1010 |
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| 266 | + | 7 |
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| 267 | + | SECTION 3. Appropriation. (1) For the 2022-23 state fiscal8 |
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| 268 | + | year, $156,743 is appropriated to the department of revenue. This9 |
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| 269 | + | appropriation is from General Fund. To implement this act, the10 |
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| 270 | + | department may use this appropriation as follows:11 |
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| 271 | + | (a) $125,991 for use by taxation services for personal services,12 |
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| 272 | + | which amount is based on an assumption that the department will require13 |
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| 273 | + | an additional 2.0 FTE;14 |
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| 274 | + | (b) $21,570 for use by taxation services for operating expenses;15 |
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| 275 | + | (c) $4,950 for tax administration IT system (GenTax) support;16 |
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| 276 | + | (d) $3,200 for use by the executive director's office for personal17 |
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| 277 | + | services; and18 |
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| 278 | + | (e) $1,032 for the purchase of document management services.19 |
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| 279 | + | (2) For the 2022-23 state fiscal year, $1,032 is appropriated to the20 |
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| 280 | + | department of personnel. This appropriation is from reappropriated funds21 |
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| 281 | + | received from the department of revenue under subsection (1)(e) of this22 |
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| 282 | + | section. To implement this act, the department of personnel may use this23 |
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| 283 | + | appropriation to provide document management services for the24 |
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| 284 | + | department of revenue.25 |
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| 285 | + | SECTION 4. Act subject to petition - effective date. This act26 |
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| 286 | + | takes effect at 12:01 a.m. on the day following the expiration of the27 |
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| 287 | + | 1010 |
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| 288 | + | -8- ninety-day period after final adjournment of the general assembly; except1 |
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| 289 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V2 |
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| 290 | + | of the state constitution against this act or an item, section, or part of this3 |
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| 291 | + | act within such period, then the act, item, section, or part will not take4 |
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| 292 | + | effect unless approved by the people at the general election to be held in5 |
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| 293 | + | November 2022 and, in such case, will take effect on the date of the6 |
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| 294 | + | official declaration of the vote thereon by the governor.7 |
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| 295 | + | 1010 |
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| 296 | + | -9- |
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