House File 287 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating the Iowa stem cell research and cures initiative,
  2    and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2263YH 82
  5 pf/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  707C.1  TITLE.
  1  2    This chapter shall be known and may be cited as the "Iowa
  1  3 Stem Cell Research and Cures Initiative".
  1  4    Sec. 2.  NEW SECTION.  707C.2  PURPOSE.
  1  5    It is the purpose of this chapter to ensure that Iowa
  1  6 patients have access to stem cell therapies and cures and that
  1  7 Iowa researchers may conduct stem cell research and develop
  1  8 therapies and cures in the state, and to prohibit human
  1  9 reproductive cloning.
  1 10    Sec. 3.  NEW SECTION.  707C.3  DEFINITIONS.
  1 11    As used in this chapter, unless the context otherwise
  1 12 requires:
  1 13    1.  "Human reproductive cloning" means human asexual
  1 14 reproduction, using somatic cell nuclear transfer, for
  1 15 implantation or attempted implantation into a woman's uterus
  1 16 or substitute for a woman's uterus.  "Human reproductive
  1 17 cloning" does not include somatic cell nuclear transfer
  1 18 performed for the purpose of creating embryonic stem cells.
  1 19    2.  "Human somatic cell" means a diploid cell having a
  1 20 complete set of chromosomes obtained or derived from a living
  1 21 or deceased human body at any stage of development.
  1 22    3.  "Oocyte" means a human ovum.
  1 23    4.  "Somatic cell nuclear transfer" means a technique in
  1 24 which the nucleus of a human somatic cell is injected or
  1 25 transplanted into a fertilized or unfertilized oocyte from
  1 26 which the nucleus has been removed.
  1 27    Sec. 4.  NEW SECTION.  707C.4  HUMAN REPRODUCTIVE CLONING
  1 28 == PROHIBITIONS == EXCEPTIONS == PENALTY.
  1 29    1.  A person shall not intentionally or knowingly do any of
  1 30 the following:
  1 31    a.  Perform or attempt to perform human reproductive
  1 32 cloning.
  1 33    b.  Participate in performing or in an attempt to perform
  1 34 human reproductive cloning.
  1 35    c.  Transfer or receive, in whole or in part, for the
  2  1 purpose of shipping, receiving, or importing, the product of
  2  2 human reproductive cloning.
  2  3    2.  a.  A person who violates subsection 1, paragraph "a"
  2  4 or "b", is guilty of a class "C" felony.
  2  5    b.  A person who violates subsection 1, paragraph "c", is
  2  6 guilty of an aggravated misdemeanor.
  2  7    3.  A person who violates this section in a manner that
  2  8 results in a pecuniary gain to the person is subject to a
  2  9 civil penalty in an amount that is twice the amount of the
  2 10 gross gain.
  2 11    4.  A person who violates this section and who is licensed
  2 12 pursuant to chapter 148, 150, or 150A is subject to revocation
  2 13 of the person's license.
  2 14    5.  A violation of this section is grounds for denial of an
  2 15 application for, denial of renewal of, or revocation of any
  2 16 license, permit, certification, or any other form of
  2 17 permission required to practice or engage in any trade,
  2 18 occupation, or profession regulated by the state.
  2 19    Sec. 5.  Chapter 707B, Code 2007, is repealed.
  2 20                           EXPLANATION
  2 21    This bill creates a new chapter to be known and cited as
  2 22 the "Iowa stem cell research and cures initiative".  The bill
  2 23 provides definitions of "human reproductive cloning", "human
  2 24 somatic cell", "oocyte", and "somatic cell nuclear transfer".
  2 25 The definition of "human reproductive cloning" specifies that
  2 26 "human reproductive cloning" does not include somatic cell
  2 27 nuclear transfer performed for the purpose of creating
  2 28 embryonic stem cells.  The bill provides that a person shall
  2 29 not intentionally or knowingly perform or attempt to perform
  2 30 human reproductive cloning; participate in performing or
  2 31 attempting to perform human reproductive cloning; transfer or
  2 32 receive, in whole or in part, for the purpose of shipping,
  2 33 receiving, or importing, the product of human reproductive
  2 34 cloning.  The bill provides criminal and other penalties for
  2 35 violations of the bill.  The bill repeals Code chapter 707B,
  3  1 the human cloning prohibition Act.
  3  2 LSB 2263YH 82
  3  3 pf:rj/es/88.3