HB 1464 - AS INTRODUCED 2002 SESSION
02-2432 01/09
HOUSE BILL 1464
AN ACT prohibiting human cloning in New Hampshire.
SPONSORS: Rep. Souza, Hills 40; Rep. Boyce, Belk 5; Rep. Mirski,
Graf 12;
Rep. Gonzales, Hills 48; Rep. Albert, Straf 17; Sen. Roberge, Dist 9;
Sen. Boyce, Dist 4; Sen. Barnes, Dist 17
ANALYSIS: This bill prohibits human cloning in New Hampshire.
The bill
establishes certain civil and criminal penalties for any violations of
this bill.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears
in regular type.
AN ACT prohibiting human cloning in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
1 Findings.
I. The general court of the state of
New Hampshire finds that:
(a) At least one company
has announced that it has successfully cloned a human
being at the early embryonic stage of life, and others have announced that
they
will attempt to clone a human being using the technique known as somatic
cell
nuclear transfer.
(b) Efforts to create
human beings by cloning mark a new and decisive step
toward turning human reproduction into a manufacturing process in which
human beings are made in laboratories to preordained specifications and,
potentially, in multiple copies.
(c) Creating cloned
live-born human children, so-called "reproductive cloning,"
begins by creating cloned human beings at the embryonic stage of life,
a
process which some also propose as a way of creating human embryos for
destructive research as sources of stem cells and tissues for possible
treatment of other humans, so-called "therapeutic cloning."
(d) Many scientists
agree that attempts at "reproductive cloning" pose a massive
risk of either producing children who are stillborn, unhealthy, or severely
disabled, and that attempts of "therapeutic cloning" always result in the
destruction of human beings at the embryonic stage of life when their stem
cells are harvested.
(e) The prospect of
creating new human life solely to be exploited
("reproductive cloning") or destroyed ("therapeutic cloning") in these
ways
has been condemned on moral grounds by many, as displaying a profound
disrespect for life.
(f) The distinction
between "therapeutic" and "reproductive" cloning is a false
distinction scientifically because both begin with the creation of a human
being at the embryonic stage of life, one destined for implantation in
a womb,
one destined for destructive farming of its stem cells. Regardless of its
ultimate destiny, all human embryos are simultaneously human beings.
(g) It will be nearly
impossible to ban only attempts at "reproductive cloning"
if "therapeutic cloning" is allowed because:
(1)
Cloning would take place within the privacy of a doctor-patient relationship;
(2)
The transfer of embryos to begin a pregnancy is a simple procedure; and
(3)
Any government effort to prevent the transfer of an existing cloned
embryo, or to prevent birth once transfer has occurred would raise
substantial moral, legal, and practical issues.
II. Based on the findings under paragraph
I, it is the purpose of this act to prohibit
the use of
cloning technology to initiate the development of new human beings
at the embryonic
stage of life for any purpose, therapeutic or reproductive.
2 New Chapter; Human Cloning Prohibition Act. Amend RSA
by inserting after
chapter 141-I the following new chapter:
CHAPTER 141-J
HUMAN CLONING PROHIBITION ACT
141-J:1 Title. This chapter may be known and cited as the
"Human Cloning Prohibition Act."
141-J:2 Definitions. In this chapter:
I. "Embryo" means an organism of the
species homo sapiens from the single cell
stage to 8 weeks
development.
II. "Fetus" means an organism of the
species homo sapiens from 8 weeks
development
until complete expulsion or extraction from a woman's body,
or removal
from an artificial womb or other similar environment designed
to nurture
the development of such organism.
III. "Human cloning" means human asexual
reproduction, accomplished by
introducing
the genetic material of a human somatic cell into an oocyte
whose
nucleus has been removed or inactivated, to produce a living
organism with a human or predominantly human genetic constitution.
IV. "Oocyte" means the human female germ
cell (the egg).
V. "Somatic cell" means a cell having
a complete set of chromosomes
obtained
from a living or deceased human body at any stage of
development.
141-J:3 Prohibitions. It shall be unlawful for any person
or entity, public or
private, to intentionally or knowingly:
I. Perform or attempt to perform human
cloning.
II. Participate in an attempt to perform
human cloning.
III. Transfer or receive the product
of human cloning for any purpose.
IV. Transfer or receive, in whole or
in part, any oocyte, embryo, fetus,
or human
somatic cell, for the purpose of human cloning.
141-J:4 Exceptions. Nothing in this chapter shall restrict
areas of scientific
research
not specifically prohibited by this chapter, including
in vitro
fertilization, the administration of fertility enhancing drugs,
and
research in the use of nuclear transfer or other cloning techniques
to produce
molecules, DNA, tissues, organs, plants, animals other
than
humans, or cells other than human embryos.
141-J:5 Penalties; Disciplinary Actions.
I. Any person who violates the provisions
of this chapter shall be subject
to a civil penalty not
to exceed $250,000 if a natural person or $1,000,000
if any other person. In
addition, any person who derives pecuniary gain
from a violation of this
chapter shall be assessed a civil penalty of not
more than an amount equal
to the amount of the gross gain multiplied by 2.
II. In addition to the civil penalty
under paragraph I, any person or entity
violating
the provisions of this chapter shall be guilty of a felony.
III. Any physician, licensed pursuant
to RSA 329, who violates this chapter
shall
be subject to disciplinary action under RSA 329:17.
IV. Any business incorporated pursuant
to RSA 293-A which violates
the
provisions of this chapter shall have its certificate of authority revoked.
V. Any violation of this chapter may
be the basis (a) for denying an
application
for, (b) for denying an application for the renewal of, or (c)
for revoking
any license, permit, certificate, or any other form of
permission
required to practice or engage in a trade, occupation, or
profession
regulated under title XXX.
141-J-6 Severability. If any provision of this chapter
or the application
thereof
to any person or circumstances is held invalid, the invalidity
shall
not affect other provisions or applications of the chapter which
can
be given effect without the invalid provision or application, and
to this
end the provisions of this chapter are severable.
3 New Subparagraph; Human Cloning. Amend RSA 329:17, VI
by
inserting
after subparagraph (k) the following new subparagraph:
(l) Has violated the
provisions of RSA 141-J.
4 Effective Date. This act shall take effect January 1,
2003.
LBAO
02-2432 1/22/02
HB 1464-FN - FISCAL NOTE
AN ACT prohibiting human cloning in New Hampshire.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable
to complete a fiscal
note for this bill as it is awaiting information from
an agency.
