SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ROORDA (Sponsor), MEADOWS, HARRIS (110) AND DARROUGH (Co-sponsors).
Read 1st time February 16, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 565, RSMo, by adding thereto one new section relating to human cloning, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 565, RSMo, is amended by adding thereto one new section, to be known as section 565.305, to read as follows:
565.305. 1. As used in this section, the following words and phrases shall mean:
(1) "Clone a human being" or "cloning a human being", the creation of a human being by any means other than by the fertilization of an oocyte of a human female by a sperm of a human male;
(2) "Cloned human being", an individual created by human cloning;
(3) "Public employee", any person employed by the state of Missouri or any agency or political subdivision thereof;
(4) "Public facilities", any public institution, public facility, public equipment, or any physical asset owned, leased, or controlled by the state of Missouri or any agency or political subdivision thereof;
(5) "Public funds", any funds received or controlled by the state of Missouri or any agency or political subdivision thereof, including, but not limited to, funds derived from federal, state, or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers;
(6) "Somatic cell nuclear transfer", transferring the nuclear material of a human somatic cell into an egg cell from which the nuclear material has been removed or rendered inert.
2. There is hereby established the "Human Cloning and Somatic Cell Nuclear Transfer Technology Commission", which shall investigate and report to the governor and general assembly on the medical, scientific, ethical, and legal consequences of human cloning and somatic cell nuclear transfer research and therapy. The commission shall be comprised of the following members:
(1) Six members of the public, appointed by the governor, who have the expertise and experience relevant to the purpose of the commission; and
(2) Two members of the senate, with one member appointed by the president pro tem of the senate and one member appointed by the minority floor leader of the senate; and
(3) Two members of the house of representatives, with one member appointed by the speaker of the house of representatives and one member appointed by the minority floor leader of the house of representatives.
The commission shall issue a final report to the governor and general assembly within one year of the establishment of the commission.
3. Until the commission issues it final report under subsection 2 of this section and state laws are enacted governing the practice of human cloning and somatic cell nuclear transfer technology:
(1) No person shall knowingly:
(a) Clone a human being, participate in cloning a human being, or attempt to clone a human being; or
(b) Use public funds or public facilities to clone a human being or to attempt to clone a human being;
(c) Utilize in any manner somatic cell nuclear transfer technology;
(2) No public employee shall knowingly allow any person to clone a human being or to attempt to clone a human being, or utilize somatic cell nuclear transfer technology while the person is making use of public funds or public facilities.
4. Any person who violates the provisions of subsection 3 of this section is guilty of a class B felony.
5. The laws of this state shall be interpreted and construed to acknowledge on behalf of a cloned human being at every stage of development, all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and constitution of this state.
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