Bill Text: MN HF998 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Human Cloning Prohibition Act established, and penalties provided.
Spectrum: Strong Partisan Bill (Republican 32-3)
Status: (Introduced - Dead) 2011-03-16 - Committee report, to pass as amended and re-refer to Health and Human Services Finance [HF998 Detail]
Download: Minnesota-2011-HF998-Engrossed.html
1.2relating to health; establishing the Human Cloning Prohibition Act; providing
1.3penalties;proposing coding for new law in Minnesota Statutes, chapter 145.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [145.4221] HUMAN CLONING PROHIBITED.
1.6 Subdivision 1. Citation. This section shall be known as the "Human Cloning
1.7Prohibition Act of 2011."
1.8 Subd. 2. Definitions. (a) For purposes of this section, the following terms have
1.9the meanings given.
1.10(b) "Human cloning" means human asexual reproduction accomplished by
1.11introducing nuclear material from one or more human somatic cells into a fertilized
1.12or unfertilized oocyte whose nuclear material has been removed or inactivated so as
1.13to produce a living organism at any stage of development that is genetically virtually
1.14identical to an existing or previously existing human organism.
1.15(c) "Somatic cell" means a diploid cell, having a complete set of chromosomes,
1.16obtained or derived from a living or deceased human body at any stage of development.
1.17 Subd. 3. Prohibition on cloning. It is unlawful for any person or entity, public
1.18or private, to knowingly:
1.19(1) perform or attempt to perform human cloning;
1.20(2) participate in an attempt to perform human cloning;
1.21(3) ship or receive for any purpose an embryo produced by human cloning or any
1.22product derived from such an embryo; and
1.23(4) ship or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic
1.24cell, for the purpose of human cloning.
2.1 Subd. 4. Importation. It is unlawful for any person or entity, public or private, to
2.2knowingly import, for any purpose, an embryo produced by human cloning.
2.3 Subd. 5. Scientific research. Nothing in this section shall restrict areas of scientific
2.4research not specifically prohibited by this section, including research in the use of nuclear
2.5transfer of other cloning techniques to produce molecules, DNA, cells other than human
2.6embryos, tissues, organs, plants, or animals other than humans.
2.7 Subd. 6. Penalties. (a) The following criminal penalties apply:
2.8(1) any person or entity that knowingly or recklessly violates subdivision 3, clauses
2.9(1) and (2), shall be guilty of a misdemeanor; and
2.10(2) any person or entity that knowingly or recklessly violates subdivision 3, clauses
2.11(3) and (4), shall be guilty of a misdemeanor.
2.12(b) Any person or entity that violates any provision of this section and derives
2.13a pecuniary gain shall be fined $500 or twice the amount of gross gain, or any amount
2.14determined by the court.
2.15 Subd. 7. Severability. If any provision, section, subdivision, sentence, clause,
2.16phrase, or word in this section or the application thereof to any person or circumstance is
2.17found to be unconstitutional, the same is hereby declared to be severable and the remainder
2.18of this section shall remain effective notwithstanding such unconstitutional provision. The
2.19legislature declares that it would have passed this section and each provision, subdivision,
2.20sentence, clause, phrase, or word thereof, regardless of the fact that any provision, section,
2.21subdivision, sentence, clause, phrase, or word is declared unconstitutional.
1.3penalties;proposing coding for new law in Minnesota Statutes, chapter 145.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [145.4221] HUMAN CLONING PROHIBITED.
1.6 Subdivision 1. Citation. This section shall be known as the "Human Cloning
1.7Prohibition Act of 2011."
1.8 Subd. 2. Definitions. (a) For purposes of this section, the following terms have
1.9the meanings given.
1.10(b) "Human cloning" means human asexual reproduction accomplished by
1.11introducing nuclear material from one or more human somatic cells into a fertilized
1.12or unfertilized oocyte whose nuclear material has been removed or inactivated so as
1.13to produce a living organism at any stage of development that is genetically virtually
1.14identical to an existing or previously existing human organism.
1.15(c) "Somatic cell" means a diploid cell, having a complete set of chromosomes,
1.16obtained or derived from a living or deceased human body at any stage of development.
1.17 Subd. 3. Prohibition on cloning. It is unlawful for any person or entity, public
1.18or private, to knowingly:
1.19(1) perform or attempt to perform human cloning;
1.20(2) participate in an attempt to perform human cloning;
1.21(3) ship or receive for any purpose an embryo produced by human cloning or any
1.22product derived from such an embryo; and
1.23(4) ship or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic
1.24cell, for the purpose of human cloning.
2.1 Subd. 4. Importation. It is unlawful for any person or entity, public or private, to
2.2knowingly import, for any purpose, an embryo produced by human cloning.
2.3 Subd. 5. Scientific research. Nothing in this section shall restrict areas of scientific
2.4research not specifically prohibited by this section, including research in the use of nuclear
2.5transfer of other cloning techniques to produce molecules, DNA, cells other than human
2.6embryos, tissues, organs, plants, or animals other than humans.
2.7 Subd. 6. Penalties. (a) The following criminal penalties apply:
2.8(1) any person or entity that knowingly or recklessly violates subdivision 3, clauses
2.9(1) and (2), shall be guilty of a misdemeanor; and
2.10(2) any person or entity that knowingly or recklessly violates subdivision 3, clauses
2.11(3) and (4), shall be guilty of a misdemeanor.
2.12(b) Any person or entity that violates any provision of this section and derives
2.13a pecuniary gain shall be fined $500 or twice the amount of gross gain, or any amount
2.14determined by the court.
2.15 Subd. 7. Severability. If any provision, section, subdivision, sentence, clause,
2.16phrase, or word in this section or the application thereof to any person or circumstance is
2.17found to be unconstitutional, the same is hereby declared to be severable and the remainder
2.18of this section shall remain effective notwithstanding such unconstitutional provision. The
2.19legislature declares that it would have passed this section and each provision, subdivision,
2.20sentence, clause, phrase, or word thereof, regardless of the fact that any provision, section,
2.21subdivision, sentence, clause, phrase, or word is declared unconstitutional.
