House File 2405 H-8115 Amend House File 2405 as follows: 1 1. Page 1, after line 18 by inserting: 2 < 4. a. A wrongful birth and wrongful life compensation 3 fund is created in the state treasury as a separate fund under 4 the control of the department of public health. A person who 5 would otherwise have a cause of action for wrongful birth or 6 wrongful life as described and prohibited in this section, 7 shall be eligible to apply for compensation for lost wages, 8 and for the educational needs and all medically necessary and 9 reasonable expenses of medical and hospital, rehabilitative, 10 residential and custodial care and service, special equipment 11 or facilities, and related travel, related to the child who 12 would have been the subject of the wrongful birth or wrongful 13 life action, with the exception of costs for which the claimant 14 may receive compensation or reimbursement from another 15 government program or another third-party payor. 16 b. The fund shall consist of moneys deposited in the fund, 17 annually, in an amount in excess of the amount that would 18 otherwise have been claimed, for the taxable year that begins 19 on or after January 1, 2017, but prior to January 1, 2018, as 20 refunds by taxpayers whose research activities credits exceeded 21 the tax liability imposed as provided pursuant to section 22 15.335, subsection 8, section 422.10, subsection 4, and section 23 422.33, subsection 5, paragraph “f” . 24 c. The department of public health shall adopt rules 25 pursuant to chapter 17A to administer the fund. 26 Sec. ___. Section 15.335, subsection 8, Code 2018, is 27 amended to read as follows: 28 8. Any credit in excess of the tax liability for the taxable 29 year shall be refunded with interest computed under section 30 422.25 , not to exceed the total amount expended for tax credit 31 refunds under this subsection for the taxable year that begins 32 on or after January 1, 2017, but prior to January 1, 2018 . Any 33 amount in excess of the total amount expended for tax credit 34 refunds under this subsection for such taxable year which 35 -1- HF2405.4107 (3) 87 pf/rj 1/ 3 #1.

would otherwise be expended annually for tax credit refunds 1 claimed under this subsection for any subsequent taxable year 2 shall instead be deposited in the wrongful birth and wrongful 3 life compensation fund created in section 613.15B to be used 4 for the purposes of that fund. In lieu of claiming a refund, 5 a taxpayer may elect to have the overpayment shown on its 6 final, completed return credited to the tax liability for the 7 following year. 8 Sec. ___. Section 422.10, subsection 4, Code 2018, is 9 amended to read as follows: 10 4. Any credit in excess of the tax liability imposed by 11 section 422.5 less the amounts of nonrefundable credits allowed 12 under this division for the taxable year shall be refunded with 13 interest computed under section 422.25 , not to exceed the total 14 amount expended for tax credit refunds under this subsection 15 for the taxable year beginning January 1, 2017 . Any amount 16 in excess of the total amount expended for tax credit refunds 17 under this subsection for the taxable year beginning January 18 1, 2017, which would otherwise be expended annually for tax 19 credit refunds claimed under this subsection for the taxable 20 year beginning January 1, 2018, and for each taxable year 21 thereafter, shall instead be deposited in the wrongful birth 22 and wrongful life compensation fund created in section 613.15B 23 to be used for the purposes of that fund. In lieu of claiming 24 a refund, a taxpayer may elect to have the overpayment shown 25 on the taxpayer’s final, completed return credited to the tax 26 liability for the following taxable year. 27 Sec. ___. Section 422.33, subsection 5, paragraph f, Code 28 2018, is amended to read as follows: 29 f. Any credit in excess of the tax liability for the taxable 30 year shall be refunded with interest computed under section 31 422.25 , not to exceed the total amount expended for tax credit 32 refunds under this paragraph for the taxable year that begins 33 on or after January 1, 2017, but prior to January 1, 2018 . Any 34 amount in excess of the total amount expended for tax credit 35 -2- HF2405.4107 (3) 87 pf/rj 2/ 3

refunds under this paragraph for such taxable year, which 1 would otherwise be expended annually for tax credit refunds 2 claimed under this subsection for any subsequent taxable year 3 shall instead be deposited in the wrongful birth and wrongful 4 life compensation fund created in section 613.15B to be used 5 for the purposes of that fund. In lieu of claiming a refund, 6 a taxpayer may elect to have the overpayment shown on its 7 final, completed return credited to the tax liability for the 8 following taxable year. > 9 2. Title page, line 2, after < and > by inserting < creating a 10 wrongful birth and wrongful life compensation fund, and > 11 3. By renumbering as necessary. 12 ______________________________ WESSEL-KROESCHELL of Story -3- HF2405.4107 (3) 87 pf/rj 3/ 3 #2. #3.