HB4156 94TH GENERAL ASSEMBLY

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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4156

Introduced 10/26/2005, by Rep. David Reis - Mike Bost - Terry R. Parke - Art Tenhouse - Dave Winters, et al.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Public Support Standards for Biomedical Research Act. Provides that the State, units of local government, school districts, and community college districts may not use or allow the use of public funds, property, or credit for certain human cloning activities. Preempts home rule. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Public Support Standards for Biomedical Research Act.

Section 3. Legislative findings.

(a) The General Assembly finds that:

(1) 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;

(2) 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;

(3) creating cloned live-born human children, "cloning-to-produce-children", 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, "cloning-for-biomedical-research";

(4) many scientists agree that attempts at "cloning-to-produce-children" pose a massive risk of either producing children who are stillborn, unhealthy, or severely disabled, and that attempts "cloning-for-biomedical-research" always results in the destruction of human beings at the embryonic stage of life when their stem cells are harvested;

(5) the prospect of creating new human life solely to be exploited ("cloning-to-produce-children") or destroyed ("cloning-for-biomedical-research") in these ways have been condemned on moral grounds by many, as displaying a profound disrespect for life;

(6) the distinction between "therapeutic" and "reproductive" cloning is a false distinction scientifically because both begin with the reproduction 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, and regardless of their ultimate destiny, all human embryos are simultaneously human beings; and

(7) it will be nearly impossible to ban only attempts at "cloning-to-produce-children" if "cloning for-biomedical-research" is allowed because (i) cloning would take place within the privacy of a doctor-patient relationship; (ii) the implantation of embryos to begin a pregnancy is a simple procedure; and (iii) any government effort to prevent the implantation of an existing cloned embryo, or to prevent birth once implantation has occurred would raise substantial moral, legal, and practical issues.

(b) Based on the findings specified in subsection (a), it is the purpose of this Act to prohibit the use of public funds, property, or credit to support cloning technology to initiate the development of new human beings at the embryonic stage of life for any purpose.

Section 5. Definitions. In this Act:

"Human cloning" means human asexual reproduction, accomplished by introducing the genetic material of a human somatic cell into an oocyte (ovum) whose nucleus has been removed or inactivated to produce a living organism with a human or predominantly human genetic constitution.

"Somatic cell" means a cell having a complete set of chromosomes obtained from a living or deceased human body at any stage of development.

"Embryo" means an organism of the species homo sapiens from the single cell stage to 8 weeks development.

"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.

Section 10. Ban on the use of State assets in human cloning activities.

(a) Notwithstanding any other provision of law, the State, units of local government, school districts, and community college districts may not use or allow the use of public funds, property, or credit for any of the following human cloning activities:

(1) the performance or attempted performance of human cloning;

(2) the participation in an attempt to perform human cloning;

(3) the transfer or receipt of the product of human cloning for any purpose; or

(4) the transfer or receipt, in whole or in part, of any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning.

(b) Nothing in this Section restricts the use of public funds, property, or credit in areas of scientific research that are not specifically prohibited under subsection (a), including in vitro fertilization, the administration of fertility enhancing drugs, research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, tissues, organs, plants, or animals other than humans, or cells other than human embryos.

Section 15. Home rule preemption. The regulation of the use of public funds, property, or credit for human cloning activities is the exclusive power and function of the State. A home rule unit may not act in a manner inconsistent with this Act. This subsection is a denial and limitation of home rule powers and function under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 99. Effective date. This Act takes effect upon becoming law.