Text: SF02012 Text: SF02014 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 707B.5 LIABILITY FOR THE RESULT
1 2 OF HUMAN CLONING – CIVIL REMEDIES.
1 3 1. A person participating in human cloning resulting in
1 4 the production of a human individual is jointly and severally
1 5 liable to the individual and the individual's legal guardian
1 6 for support and the costs of guardianship during the
1 7 individual's minority, including any court costs associated
1 8 with any matter related to the production or legal status of
1 9 the individual. The liability under this subsection shall not
1 10 cease at the time that the individual reaches majority if at
1 11 or after the time of majority the individual suffers from any
1 12 congenital defect or other disability related to the
1 13 production of the individual by human cloning.
1 14 2. The rights of recovery created under this section are
1 15 cumulative as to all other legal rights. The liability
1 16 created by this section shall not be reduced by the payment of
1 17 any other liability or by the recovery of damages from any
1 18 other sources or under any other legal theory.
1 19 3. The liabilities under this section shall be strictly
1 20 enforced without regard to negligence or fault. The
1 21 liabilities created by this section may not be waived by any
1 22 individual, except as provided by an enforceable judgment of a
1 23 court of this state.
1 24 4. Any state agency providing services to any individual
1 25 entitled to recovery under this section and any private
1 26 insurer legally obligated to pay medical costs or other
1 27 compensation related to the human cloning shall be subrogated
1 28 to the rights to recover under this section of any individual
1 29 receiving the services or benefiting from the insurance. The
1 30 subrogation shall not exceed the full cost of the services or
1 31 insurance payments.
1 32 5. An action brought under subsection 1 for support and
1 33 the costs of guardianship shall be commenced within five years
1 34 after the individual produced by human cloning reaches
1 35 majority. However, if at or after the time of reaching
2 1 majority the individual produced by human cloning suffers from
2 2 any congenital defect or other disability related to the
2 3 production of the individual by human cloning, an action may
2 4 be commenced until five years following the date of the death
2 5 of the individual.
2 6 EXPLANATION
2 7 This bill establishes civil remedies for an individual
2 8 produced by human cloning. The bill provides that a person
2 9 participating in human cloning resulting in the production of
2 10 a human individual is jointly and severally liable to the
2 11 individual and the individual's legal guardian for support and
2 12 the costs of guardianship during the individual's minority,
2 13 including any court costs associated with any matter related
2 14 to the production or legal status of the individual.
2 15 Additionally, the liability continues after the individual
2 16 reaches majority if at or after the time that the individual
2 17 reaches majority the individual suffers from any congenital
2 18 defect or other disability related to the production of the
2 19 individual by human cloning.
2 20 The bill provides that the rights of recovery are
2 21 cumulative as to all other legal rights, and the liability
2 22 created is not to be reduced by the payment of any other
2 23 liability or by the recovery of damages from any other sources
2 24 or under any other legal theory. The liabilities created are
2 25 to be strictly enforced without regard to negligence or fault
2 26 and are not to be waived, except as provided by an enforceable
2 27 judgment of a court of the state.
2 28 The bill also provides that any state agency providing
2 29 services to any individual entitled to recovery and any
2 30 private insurer legally obligated to pay medical costs or
2 31 other compensation related to the human cloning are to be
2 32 subrogated to the rights to recover of any individual
2 33 receiving the services or benefiting from the insurance. The
2 34 subrogation is not to exceed the full cost of the services or
2 35 insurance payments.
3 1 An action brought for support and the costs of guardianship
3 2 is required to be commenced within five years of the time that
3 3 the individual produced by human cloning reaches majority.
3 4 However, if at or after the time of reaching majority the
3 5 individual produced by human cloning suffers from any
3 6 congenital defect or other disability related to the
3 7 production of the individual by human cloning, an action may
3 8 be commenced until five years following the date of the death
3 9 of the individual.
3 10 LSB 5033SS 80
3 11 pf/sh/8
Text: SF02012 Text: SF02014 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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