AN ACT PERMITTING STEM CELL RESEARCH AND BANNING THE CLONING OF HUMAN BEINGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2005) (a) As used in this section and section 2 of this act:

(1) "Institutional review committee" means the local institutional review committee specified in 21 USC 360j(g)(3)(A)(i), as amended from time to time, and, when applicable, an institutional review board established in accordance with the requirements of 45 CFR 46, Subpart A, as amended from time to time.

(2) "Cloning of a human being" means inducing or permitting a replicate of a living human being's complete set of genetic material to develop into the stage of human development after the embryonic stage when cells undergoing division are sufficiently differentiated such that organ formation is observable.

(3) "Embryonic stem cells" means cells created through the joining of a human egg and sperm or through nuclear transfer that are sufficiently undifferentiated such that they cannot be identified as components of any specialized cell type.

(4) "Nuclear transfer" means the replacement of the nucleus of a human egg with a nucleus from another human cell.

(b) No person shall knowingly (1) engage or assist, directly or indirectly, in the cloning of a human being, (2) implant human embryos created by nuclear transfer into a uterus or other device similar to a uterus, or (3) facilitate human reproduction through clinical or other use of human embryos created by nuclear transfer. Any person who violates the provisions of this subsection shall be fined not more than fifty thousand dollars or imprisoned not more than ten years, or both. Each violation of this subsection shall be a separate and distinct offense.

(c) (1) A physician or other health care provider who is treating a patient for infertility shall provide the patient with timely, relevant and appropriate information sufficient to allow that person to make an informed and voluntary choice regarding the disposition of any embryos or embryonic stem cells remaining following an infertility treatment.

(2) A patient to whom information is provided pursuant to subdivision (1) of this subsection shall be presented with the option of storing, donating to another person, donating for research purposes, or otherwise disposing of any unused embryos or embryonic stem cells.

(3) A person who elects to donate for research purposes any embryos or embryonic stem cells remaining after receiving infertility treatment shall provide written consent for that donation and shall not receive monetary payment, direct or indirect, for such embryos or embryonic stem cells.

(4) Any person who violates the provisions of this subsection shall be fined not more than fifty thousand dollars or imprisoned not more than five years, or both. Each violation of this subsection shall be a separate and distinct offense.

(d) A person may conduct research involving embryonic stem cells, provided the research is (1) conducted with full consideration for the ethical and medical implications of such research, and (2) reviewed and approved by an institutional review committee.

(e) The Commissioner of Public Health shall enforce the provisions of this section and may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, relating to the administration and enforcement of this section. The commissioner may request the Attorney General to petition the Superior Court for such order as may be appropriate to enforce the provisions of this section.

Sec. 2. (NEW) (Effective July 1, 2005) (a) There is established the "Stem Cell Research Fund" which shall be a separate nonlapsing account within the General Fund. The fund may contain any moneys required by law to be deposited in the fund and any moneys appropriated to it by the state, or any funds received from any public or private contributions, gifts, grants, donations, bequests or devises to the fund, and any interest, income, dividends or investment earnings on such moneys or funds. The moneys within the fund shall be used by the Commissioner of Public Health to advance embryonic and adult stem cell research in Connecticut pursuant to subsection (b) of this section.

(b) The Commissioner of Public Health shall use the moneys in the Stem Cell Research Fund upon the direction of the stem cell research advisory committee, for the purposes of (1) developing a donated funds program to encourage the development of funds other than state appropriations for embryonic and adult stem cell research, (2) establishing and administering a stem cell research grant program which shall provide grants to research institutions for the advancement of embryonic and adult stem cell research, and (3) establishing a separate peer review committee which shall be charged with reviewing any grants provided by the fund. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to provide for the distribution of grants available pursuant to this section.

(c) There is established a stem cell research advisory committee. Such committee shall consist of the Commissioner of Public Health, or a designee, and twelve members who shall serve for a term of four years and shall be appointed as follows: Two by the Governor; two by the Lieutenant Governor; two by the president pro tempore of the Senate; two by the speaker of the House of Representatives; one each by the majority leaders of the Senate and House of Representatives; and one each by the minority leaders of the Senate and House of Representatives. All members appointed to the committee shall possess knowledge and understanding of the field of embryonic and adult stem cell research and shall work to advance embryonic and adult stem cell research in Connecticut. All appointments to the committee shall be made by November 1, 2005. Any vacancy shall be filled by the appointing authority.

(d) The Commissioner of Public Health, or the commissioner's designee, shall serve as the chairperson of the committee and shall schedule the first meeting of the committee, which shall be held no later than December 1, 2005.

(e) Not later than June 30, 2006, and annually thereafter, the stem cell research advisory committee shall report to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general statutes. Such report shall (1) include an analysis of the status of stem cell research in the state, and (2) examine and identify specific ways to improve and promote both for profit and not-for-profit embryonic and adult stem cell research within Connecticut, including, but not limited to, identifying both public and private funding sources for embryonic and adult stem cell research, maintaining existing embryonic and adult stem cell related businesses, recruiting new embryonic and adult stem cell related businesses to the state and recruiting scientists and researchers to the state.

Sec. 3. (Effective July 1, 2005) The sum of ten million dollars is appropriated to the Department of Public Health, from the General Fund, for the fiscal year ending June 30, 2006, for the Stem Cell Research Fund established pursuant to section 2 of this act.

Sec. 4. (Effective July 1, 2006) The sum of ten million dollars is appropriated to the Department of Public Health, from the General Fund, for the fiscal year ending June 30, 2007, for the Stem Cell Research Fund established pursuant to section 2 of this act.

Statement of Purpose:

To permit stem cell research and to prohibit human cloning.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]