LRB-4699/1
TAY:jlg:jf
1997 - 1998 LEGISLATURE
February 5, 1998 - Introduced by Representatives Meyer, Kreuser, Plouff,
Huebsch, Musser, Morris-Tatum, La Fave, Ladwig, Green, Hahn, Porter,
Hasenohrl, Robson, Walker, Riley, L. Young, Otte, Harsdorf, Huber and
Zukowski, cosponsored by Senators Welch and
Zien. Referred to Committee
on Health.
AB769,1,2
1An Act to create 146.347 of the statutes;
relating to: banning human cloning
2and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits any person from cloning a human being or from selling or
purchasing an ovum, zygote, embryo or fetus for the purpose of cloning a human
being. Cloning a human being is defined in the bill as creating or attempting to create
a genetic duplicate of an individual by transferring the nucleus from any cell of that
individual into a human egg cell, the nucleus of which has been removed and using
that human egg cell to initiate a pregnancy that could result in the birth of a human
being.
Under the bill, any individual who clones a human being or who sells or
purchases an ovum, zygote, embryo or fetus for the purpose of cloning a human being
is subject to a forfeiture of not less than $25,000 nor more than the greater of
$250,000 or double any monetary gain that the individual derived from the
prohibited act. If the person violating the prohibition is not an individual (for
example, a clinic or other institution), the penalty is a forfeiture of not less than
$100,000 nor more than the greater of $1,000,000 or double any monetary gain that
the person derived from the prohibited act.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB769, s. 1
1Section
1. 146.347 of the statutes is created to read:
AB769,2,6
2146.347 Human cloning prohibited. (1) In this section, "clone a human
3being" means create or attempt to create a genetic duplicate of an individual by
4transferring the nucleus from any cell of that individual into a human egg cell from
5which the nucleus has been removed and using that human egg cell to initiate a
6pregnancy that could result in the birth of a human being.
AB769,2,7
7(2) No person may do any of the following:
AB769,2,88
(a) Clone a human being.
AB769,2,109
(b) Purchase or sell an ovum, zygote, embryo or fetus for the purpose of cloning
10a human being.
AB769,2,12
11(3) (a) Any individual who violates this section shall be subject to a forfeiture
12of not less than $25,000 nor more than the greater of the following:
AB769,2,1313
1. Two hundred and fifty thousand dollars.
AB769,2,1514
2. If the individual derived pecuniary gain from the violation, an amount equal
15to twice the gross gain.
AB769,2,1816
(b) Any person that is not an individual that violates this section shall be
17subject to a forfeiture of not less than $100,000 nor more than the greater of the
18following:
AB769,2,1919
1. One million dollars.
AB769,2,2120
2. If the person derived puniary gain from the violation, an amount equal to
21twice the gross gain.
AB769,2,23
22(4) This section does not apply beginning on the date that is 5 years from the
23effective date of this subsection .... [revisor inserts date].
