Full Text of SB0004 95th General Assembly
SB0004sam003 95TH GENERAL ASSEMBLY
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Sen. Bill Brady
Filed: 2/22/2007
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| AMENDMENT TO SENATE BILL 4
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| AMENDMENT NO. ______. Amend Senate Bill 4 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Adult | 5 |
| Stem Cell Research and Human Cloning Prohibition Act. | 6 |
| Section 5. Policy permitting research. The policy of the | 7 |
| State of Illinois shall be as follows: | 8 |
| (1) Research involving the derivation and use of human | 9 |
| adult stem cells from any source shall be permitted and the | 10 |
| ethical and medical implications of this research shall be | 11 |
| given full consideration.
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| (2) Research involving the derivation and use of human | 13 |
| adult stem cells shall be allowed to receive public funds | 14 |
| through a program established specifically for the purpose of | 15 |
| supporting adult stem cell research in Illinois under the | 16 |
| Department of Public Health.
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| (3) Adult stem cell research is considered valuable to the | 2 |
| health and well being of all and the unhindered distribution of | 3 |
| research materials to all qualified investigators engaged in | 4 |
| non-commercial research shall be encouraged within the | 5 |
| confines of the law. | 6 |
| Section 10. Definitions. As used in this Act: | 7 |
| "Department" means the Department of Public Health. | 8 |
| "Institute" means the Illinois Regenerative Medicine | 9 |
| Institute.
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| "Committee" means the Illinois Regenerative Medicine | 11 |
| Institute Oversight Committee.
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| Section 15. Department grant program. | 13 |
| (a) The Department of Public Health shall develop and | 14 |
| administer the Illinois Regenerative Medicine Institute
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| Program within the Department to provide for the awarding of | 16 |
| grants to Illinois medical research institutions. | 17 |
| (b) The purposes of the Institute grant program are: | 18 |
| (1) to improve the health of the citizens of Illinois | 19 |
| through adult stem cell research; | 20 |
| (2) to improve the national competitive position of | 21 |
| Illinois in the field of regenerative medicine; and | 22 |
| (3) to promote the translation of adult stem cell | 23 |
| research into clinical practice and the transfer of | 24 |
| technology to biomedical and technological industry.
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| (c) The Department shall adopt rules for the implementation | 2 |
| of the Institute grant program, including but not limited to: | 3 |
| (1) rules for the solicitation of proposals for grants; | 4 |
| (2) rules concerning the eligibility of nonprofit | 5 |
| Illinois medical research institutions to receive awards | 6 |
| under the Institute grant program; | 7 |
| (3) rules for the conduct of competitive and scientific | 8 |
| peer review of all proposals submitted under the Institute | 9 |
| grant program; | 10 |
| (4) rules for the procurement of materials for the | 11 |
| conduct of adult stem cell research, including rules | 12 |
| ensuring that persons are empowered to make voluntary and | 13 |
| informed decisions to participate or to refuse to | 14 |
| participate in such research, and ensuring confidentiality | 15 |
| of such decisions; and | 16 |
| (5) rules concerning the monitoring of funded research | 17 |
| to ensure the researcher is following current best | 18 |
| practices with respect to medical ethics, including | 19 |
| informed consent of patients and the protection of human | 20 |
| subjects. | 21 |
| Section 20. Illinois Regenerative Medicine Institute | 22 |
| Oversight Committee. | 23 |
| (a) The Illinois Regenerative Medicine Institute Oversight | 24 |
| Committee shall be established to determine the awards under | 25 |
| the Institute grant program. The Committee shall be composed of |
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| 7 members appointed by the Governor, with the advice and | 2 |
| consent of the Senate. | 3 |
| (b) The Committee shall consist of individuals from: | 4 |
| (1) professional medical organizations; | 5 |
| (2) voluntary health organizations; and | 6 |
| (3) for-profit biomedical or biotechnology industry. | 7 |
| (c) The Committee shall at all times include at least one | 8 |
| member from each of the 3 categories listed in subsection (b) | 9 |
| of this Section. | 10 |
| (d) No member of the Committee shall be employed by an | 11 |
| Illinois medical research institution eligible to receive | 12 |
| awards under the Institute grant program.
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| (e) Upon appointment, the Governor shall designate 3 | 14 |
| members to serve a 2-year term and 4 members to serve a 4-year | 15 |
| term. The Committee shall designate a Chairperson, | 16 |
| Vice-Chairperson, and Secretary. Any vacancy occurring in the | 17 |
| membership of the Committee shall be filled in the same manner | 18 |
| as the original appointment. | 19 |
| (f) No member of the Committee may receive compensation for | 20 |
| his or her services, but each member may be reimbursed for | 21 |
| expenses incurred in the performance of his or her duties. | 22 |
| (g) The duties and responsibilities of the Committee shall | 23 |
| include, but not be limited to: | 24 |
| (1) determination of awards under the Institute grant | 25 |
| program, based on recommendations developed under the | 26 |
| competitive and scientific peer review process provided |
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| for in subdivision (c) (3) of Section 15 of this Act; | 2 |
| (2) review of the Department's solicitation and | 3 |
| scientific peer review processes to ensure that the | 4 |
| statutory purposes of the Institute grant program are met; | 5 |
| (3) development, in cooperation with Department staff, | 6 |
| of general guidelines for the conduct of funded research | 7 |
| according to current best practices with respect to medical | 8 |
| ethics; and
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| (4) advice on the future conduct of the Institute grant | 10 |
| program. | 11 |
| Section 25. Conflict of interest. | 12 |
| (a) A person has a conflict of interest if any Committee | 13 |
| action with respect to a matter may directly or indirectly | 14 |
| financially benefit any of the following:
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| (1) That person. | 16 |
| (2) That person's spouse, immediate family living with | 17 |
| that person, or that person's extended family.
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| (3) Any individual or entity required to be disclosed | 19 |
| by that person.
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| (4) Any other individual or entity with which that | 21 |
| person has a business or professional relationship.
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| (b) A Committee member who has a conflict of interest with | 23 |
| respect to a matter may not discuss that matter with other | 24 |
| Committee members and shall not vote upon or otherwise | 25 |
| participate in any Committee action with respect to that |
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| matter. Each recusal occurring during a Committee meeting shall | 2 |
| be made a part of the minutes or recording of the meeting in | 3 |
| accordance with the Open Meetings Act.
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| (c) The Institute shall not allow any Institute employee to | 5 |
| participate in the processing of, or to provide any advice | 6 |
| concerning, any matter with which the Institute employee has a | 7 |
| conflict of interest.
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| Section 30. Disclosure of Committee member income and | 9 |
| interests. | 10 |
| (a) Each Committee member shall file with the Secretary of | 11 |
| State a written disclosure of the following with respect to the | 12 |
| member, the member's spouse, and any immediate family living | 13 |
| with the member:
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| (1) Each source of income. | 15 |
| (2) Each entity in which the member, spouse, or | 16 |
| immediate family living with the member has an ownership or | 17 |
| distributive income share that is not an income source | 18 |
| required to be disclosed under item (1) of this subsection | 19 |
| (a). | 20 |
| (3) Each entity in or for which the member, spouse, or | 21 |
| immediate family living with the member serves as an | 22 |
| executive, officer, director, trustee, or fiduciary. | 23 |
| (4) Each entity with which the member, member's spouse, | 24 |
| or immediate family living with the member has a contract | 25 |
| for future income. |
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| (b) Each appointed Committee member shall file the | 2 |
| disclosure required by subsection (a) of this Section at the | 3 |
| time the member is appointed and at the time of any | 4 |
| reappointment of that member.
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| (c) Each Committee member shall file an updated disclosure | 6 |
| with the Secretary of State promptly after any change in the | 7 |
| items required to be disclosed under this subsection with | 8 |
| respect to the member, the member's spouse, or any immediate | 9 |
| family living with the member. | 10 |
| (d) The requirements of Section 3A-30 of the Illinois | 11 |
| Governmental Ethics Act and any other disclosures required by | 12 |
| law apply to this Act.
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| (e) Filed disclosures shall be public records. | 14 |
| Section 35. Disclosure of proposed Institute funding | 15 |
| recipients. | 16 |
| (a) Each Institute request to the Committee for approval of | 17 |
| proposed adult stem cell research funding must be accompanied | 18 |
| by a written disclosure that identifies the proposed funding | 19 |
| recipient and any executives, officers, directors, trustees, | 20 |
| fiduciaries, owners, parent company, subsidiaries, affiliates, | 21 |
| and institutional or organizational host of the proposed | 22 |
| funding recipient. | 23 |
| (b) A proposed Institute adult stem cell research funding | 24 |
| request shall not be approved by the Committee unless and until | 25 |
| the Committee receives the disclosure.
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| (c) Disclosures provided to the Committee are public | 2 |
| records.
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| Section 40. Human cloning prohibited. | 4 |
| (a) No person shall clone a human being.
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| (b) No person shall purchase, sell, use, or transport an | 6 |
| ovum, zygote,
embryo, or
fetus for the purpose of cloning a | 7 |
| human being.
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| (c) A violation of this Section is a Class 1 felony. | 9 |
| (d) For purposes of this Section, "clone" means to create | 10 |
| or attempt to
create using human
somatic cell nucleus transfer | 11 |
| technology a human being, human embryo, or human
fetus by
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| transferring the
nucleus from a human cell from whatever source | 13 |
| into a human egg cell
from which the nucleus has been
removed | 14 |
| for any purpose regardless of whether or not the resulting | 15 |
| product
could result in a human embryo, human fetus, or human | 16 |
| being and regardless of
whether or not it is intended to be | 17 |
| implanted into a person and may or may not
result in a | 18 |
| pregnancy and a birth of a human being. For purposes of this
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| Section, "clone" does not refer to duplicating or replicating | 20 |
| human DNA
sequences, organs, tissues, or cells.
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| (e) Nothing in this Act shall be construed to restrict or | 22 |
| prohibit
biomedical research using cloning technology
that is | 23 |
| not expressly prohibited by this Act,
including the cloning of | 24 |
| human
genes, cells,
and tissues.
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| Section 45. Purchase or sale prohibited. | 2 |
| (a) A person may not knowingly, for valuable consideration, | 3 |
| purchase or sell embryonic or cadaveric fetal tissue for | 4 |
| research purposes.
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| (b) For the purpose of this Section, the giving or | 6 |
| receiving of reasonable payment for the removal, processing, | 7 |
| disposal, preservation, quality control, storage, | 8 |
| transplantation, or implantation of the tissue does not | 9 |
| constitute purchase or sale. This Section does not prohibit | 10 |
| reimbursement for removal, storage, or transportation of | 11 |
| embryonic or cadaveric fetal tissue for research purposes | 12 |
| pursuant to this Act.
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| (c) A person who knowingly purchases or sells embryonic or | 14 |
| cadaveric fetal tissue for research purposes in violation of | 15 |
| subsection (a) of this Section is guilty of a Class A | 16 |
| misdemeanor for the first conviction and a Class 4 felony for | 17 |
| subsequent convictions.
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| Section 50. Severability. If any provision of this Act or | 19 |
| its application to any person or circumstance is held invalid, | 20 |
| the invalidity of that provision or application does not affect | 21 |
| other provisions or applications of this Act that can be given | 22 |
| effect without the invalid provision or application.".
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