<p> 1 South Carolina General Assembly 2 115th Session, 2003-2004 3 4 H. 3819 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Delleney, Haskins, Altman, G. Brown, Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, 10 Koon, Loftis, J.M. Neal, Pinson, E.H. Pitts, M.A. Pitts, Talley, Taylor, Toole, Vaughn, Viers, Walker, 11 Simrill, Gilham and G.R. Smith 12 Document Path: l:\council\bills\nbd\11406ac03.doc 13 14 Introduced in the House on March 19, 2003 15 Introduced in the Senate on June 4, 2003 16 Currently residing in the Senate Committee on Judiciary 17 18 Summary: Prohibition of Human Cloning Act 19 20 21 HISTORY OF LEGISLATIVE ACTIONS 22 23 Date Body Action Description with journal page number 24 3/19/2003 House Introduced and read first time HJ-13 25 3/19/2003 House Referred to Committee on Judiciary HJ-13 26 5/28/2003 House Committee report: Favorable Judiciary HJ-2 27 5/29/2003 House Member(s) request name added as sponsor: Simrill, Gilham 28 6/3/2003 House Member(s) request name added as sponsor: G.R.Smith 29 6/3/2003 House Read second time HJ-67 30 6/4/2003 House Read third time and sent to Senate HJ-12 31 6/4/2003 Senate Introduced and read first time SJ-19 32 6/4/2003 Senate Referred to Committee on Judiciary SJ-19 33 34 35 VERSIONS OF THIS BILL 36 37 3/19/2003 38 5/28/2003 39 1 COMMITTEE REPORT 2 May 28, 2003 3 4 H. 3819 5 6 Introduced by Reps. Delleney, Haskins, Altman, G. Brown, 7 Duncan, Emory, Frye, Hamilton, Keegan, Kirsh, Koon, Loftis, 8 J.M. Neal, Pinson, E.H. Pitts, M.A. Pitts, Talley, Taylor, Toole, 9 Vaughn, Viers and Walker 10 11 S. Printed 5/28/03--H. 12 Read the first time March 19, 2003. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (H. 3819) to amend the Code of 17 Laws of South Carolina, 1976, by adding Section 16-17-745 so as 18 to enact the “Prohibition of Human Cloning Act”, etc., respectfully 19 REPORT: 20 That they have duly and carefully considered the same and 21 recommend that the same do pass: 22 23 JAMES H. HARRISON for Committee. 24 </p><p>1 [3819-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 16-17-745 SO AS TO ENACT 13 THE “PROHIBITION OF HUMAN CLONING ACT” TO MAKE 14 IT UNLAWFUL FOR A PERSON TO PERFORM OR 15 PARTICIPATE IN HUMAN CLONING, TO DERIVE ANY 16 PRODUCT FROM HUMAN CLONING, OR TO SHIP, 17 RECEIVE, TRANSPORT, TRANSFER, OR DISTRIBUTE IN 18 INTERSTATE COMMERCE AN EMBRYO DERIVED FROM 19 HUMAN CLONING, TO DEFINE CLONING, TO PROVIDE 20 CRIMINAL PENALTIES, AND TO PROVIDE FOR 21 SUSPENSION OF THE PROFESSIONAL LICENSE OF A 22 PERSON VIOLATING THIS ACT. 23 24 Be it enacted by the General Assembly of the State of South 25 Carolina: 26 27 SECTION 1. This act may be cited as the “Prohibition of Human 28 Cloning Act”. 29 30 SECTION 2. The 1976 Code is amended by adding: 31 32 “Section 16-17-745. (A) As used in this section: 33 (1) ‘Human cloning’ means human asexual reproduction, 34 accomplished by introducing nuclear material from one or more 35 human somatic cells into a fertilized or unfertilized oocyte whose 36 nuclear material has been removed or inactivated so as to produce 37 a living organism, at any stage of development, that is genetically 38 virtually identical to an existing or previously existing human 39 organism. 40 (2) ‘Asexual reproduction’ means reproduction not initiated by 41 the union of oocyte and sperm.</p><p>1 [3819] 1 1 (3) ‘Somatic cell’ means a diploid cell, having a complete set 2 of chromosomes, obtained or derived from a living or deceased 3 human organism at any stage of development. 4 (4) ‘Product’ of human cloning includes stem cells and all 5 other constituent parts of an embryo created through human 6 cloning. 7 (B) No person shall knowingly or with reckless disregard: 8 (1) perform or attempt to perform human cloning or derive 9 any product from human cloning; 10 (2) participate in an attempt to perform human cloning or 11 derive any product from human cloning; 12 (3) ship, receive, transport, transfer, or distribute in intrastate 13 commerce for any purpose an embryo produced by human cloning 14 or any product derived from such embryo. 15 (C) A person who violates subsection (B) is guilty of a felony 16 and, upon conviction, must be fined not more than one hundred 17 thousand dollars or imprisoned for not more than ten years, or 18 both. However, in the case of a violation that involves the 19 derivation of a pecuniary gain, the person must be fined not less 20 than one million dollars and not more than an amount equal to the 21 amount of the gross gain multiplied by two, if that amount is 22 greater than one million dollars. Each violation constitutes a 23 separate offense. 24 (D) A license to practice a profession or occupation issued by a 25 board, agency, or department of this State must be suspended 26 immediately upon conviction of a licensee violating subsection (B) 27 while engaging in that profession or occupation. 28 (E) Nothing in subsection (B) restricts areas of scientific 29 research not specifically prohibited by this section, including 30 research in the use of nuclear transfer or other cloning techniques 31 to produce molecules, DNA, cells other than human embryos, 32 tissues, organs, plants, or animals other than humans or 33 human-animal chimera. 34 (F) Subsection (B)(3) must be interpreted to apply to the 35 maximum extent not inconsistent with the federal commerce 36 clause.” 37 38 SECTION 3. If any section, subsection, paragraph, subparagraph, 39 sentence, clause, phrase, or word of this act is for any reason held 40 to be unconstitutional or invalid, such holding shall not affect the 41 constitutionality or validity of the remaining portions of this act, 42 the General Assembly hereby declaring that it would have passed 43 this act, and each and every section, subsection, paragraph,</p><p>1 [3819] 2 1 subparagraph, sentence, clause, phrase, and word thereof, 2 irrespective of the fact that any one or more other sections, 3 subsections, paragraphs, subparagraphs, sentences, clauses, 4 phrases, or words hereof may be declared to be unconstitutional, 5 invalid, or otherwise ineffective. 6 7 SECTION 4. This act takes effect upon approval by the 8 Governor. 9 ----XX---- 10</p><p>1 [3819] 3</p>