LRBs0297/1
DAK/MGD:kmg:rs
2001 - 2002 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 379
January 22, 2002 - Offered by Senators Lazich, S. Fitzgerald, Ellis, Roessler and
A. Lasee.
SB379-SSA1,1,3
1An Act to create 20.9271 and 146.347 of the statutes;
relating to: prohibiting
2human cloning, prohibiting the use of state funds for human cloning, and
3providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB379-SSA1,1,6
520.9271 Subsidy of human cloning prohibited. (1) In this section, "human
6cloning" has the meaning given in s. 146.347 (1) (c).
SB379-SSA1,1,8
7(2) No funds of this state may be authorized for or paid for the purpose of
8performing or attempting to perform human cloning.
SB379-SSA1,1,9
9(3) Whoever violates sub. (2) may be fined not more than $10,000,000.
SB379-SSA1,1,11
11146.347 Human cloning. (1) In this section:
SB379-SSA1,2,2
1(a) "Asexual reproduction" means reproduction not initiated by the union of an
2oocyte and a sperm.
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(b) "Enucleated oocyte" means a fertilized or unfertilized oocyte, the nuclear
4material of which has been removed or inactivated.
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(c) "Human cloning" means asexual reproduction accomplished by introducing
6nuclear material from one or more human somatic cells into an enucleated oocyte so
7as to produce a living organism having genetic material that is virtually identical to
8the genetic material of an existing or previously existing human organism.
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(d) "Human embryo" means a human organism derived by fertilization,
10parthenogenesis, cloning, or any other means from one or more human gametes or
11human diploid cells. "Human embryo" includes a zygote but does not include a
12human organism at or beyond the stage of development at which the major body
13structures are present.
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(e) "Living organism" includes a human embryo.
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(f) "Somatic cell" means a cell that has a complete set of chromosomes and that
16is obtained or derived from a living or dead human organism at any stage of
17development.
SB379-SSA1,2,18
18(2) (a) No person may knowingly do any of the following:
SB379-SSA1,2,1919
1. Perform or attempt to perform human cloning.
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2. Transfer or acquire for any purpose a human embryo produced by human
21cloning or any cell, tissue, or product derived from such an embryo.
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(b) If a person violates par. (a) by creating, attempting to create, transferring,
23or acquiring more than one human embryo, the creation, attempted creation,
24transfer, or acquisition of each individual human embryo constitutes a separate
25violation.
SB379-SSA1,3,2
1(3) Any person who violates sub. (2) shall be fined not more than $10,000 and
2may be imprisoned for not more than 10 years.
SB379-SSA1,3,4
3(4) (a) Except as provided in par. (b), any person who violates sub. (2) and who
4derives a pecuniary gain from the violation shall be required to forfeit $1,000,000.
SB379-SSA1,3,85
(b) Any person who violates sub. (2) and who derives a pecuniary gain of more
6than $500,000 from the violation shall be required to forfeit not less than $1,000,000
7nor more than an amount equal to twice the gross amount of the person's pecuniary
8gain.
