BILL NUMBER: SB 1230	CHAPTERED
	BILL TEXT

	CHAPTER  821
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2002
	PASSED THE SENATE  AUGUST 29, 2002
	PASSED THE ASSEMBLY  AUGUST 22, 2002
	AMENDED IN ASSEMBLY  AUGUST 20, 2002
	AMENDED IN ASSEMBLY  AUGUST 1, 2002
	AMENDED IN ASSEMBLY  JUNE 25, 2002
	AMENDED IN ASSEMBLY  JUNE 11, 2002
	AMENDED IN SENATE  APRIL 29, 2002
	AMENDED IN SENATE  MARCH 11, 2002
	AMENDED IN SENATE  FEBRUARY 19, 2002
	AMENDED IN SENATE  FEBRUARY 7, 2002

INTRODUCED BY   Senator Alpert
   (Coauthor:  Assembly Member Wayne)

                        JANUARY 7, 2002

   An act to amend Sections 2260.5, 16004, and 16105 of the Business
and Professions Code, and to amend Section 24185 of, to add Section
24186 to, and to repeal Section 24189 of, the Health and Safety Code,
relating to human cloning.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1230, Alpert.  Human cloning.
   Existing law, until January 1, 2003, prohibits a person from
cloning a human being, and from purchasing or selling an ovum,
zygote, embryo, or fetus for the purpose of cloning a human being,
and authorizes the State Department of Health Services to levy
administrative penalties for violation of these provisions.  Existing
law, until January 1, 2003, further provides that violation of this
prohibition constitutes unprofessional conduct for purposes of the
Medical Practice Act, and requires city business licenses and county
business licenses to be revoked for violation of the prohibition.
   This bill would prohibit a person from engaging in "human
reproductive cloning," as defined.  It would also delete the January
1, 2003, repeal dates thereby extending the operation of the above
provisions indefinitely.
   The bill, in addition, would require the department to establish
an advisory committee, composed of specified representatives,
including not less than 3 bioethicists, for purposes of advising the
Legislature and the Governor on human cloning and other issues
relating to human biotechnology.  The bill would require the
department to fund the activities of the advisory committee from its
existing resources, to the extent that funds are available.
   It would also require the department, on or before December 31,
2003, and annually thereafter, to report to the Legislature and the
Governor regarding the activities of the committee.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2260.5 of the Business and Professions Code is
amended to read:
   2260.5.  A violation of Section 24185 of the Health and Safety
Code, relating to human cloning, constitutes unprofessional conduct.

  SEC. 2.  Section 16004 of the Business and Professions Code is
amended to read:
   16004.  Any license issued to a business pursuant to this chapter
shall be revoked for a violation of Section 24185 of the Health and
Safety Code, relating to human cloning.
  SEC. 3.  Section 16105 of the Business and Professions Code is
amended to read:
   16105.  Any license issued to a business pursuant to this chapter
shall be revoked for violation of Section 24185 of the Health and
Safety Code, relating to human cloning.
  SEC. 4.  Section 24185 of the Health and Safety Code is amended to
read:
   24185.  (a) No person shall clone a human being or engage in human
reproductive cloning.
   (b) No person shall purchase or sell an ovum, zygote, embryo, or
fetus for the purpose of cloning a human being.
   (c) For purposes of this chapter, the following definitions apply:

   (1) "Clone" means the practice of creating or attempting to create
a human being by transferring the nucleus from a human cell from
whatever source into a human or nonhuman egg cell from which the
nucleus has been removed for the purpose of, or to implant, the
resulting product to initiate a pregnancy that could result in the
birth of a human being.
   (2) "Department" means the State Department of Health Services.
   (3) "Human reproductive cloning" means the creation of a human
fetus that is substantially genetically identical to a previously
born human being.  The department may adopt, interpret, and update
regulations, as necessary, for purposes of more precisely defining
the procedures that constitute human reproductive cloning.
  SEC. 5.  Section 24186 is added to the Health and Safety Code, to
read:
   24186.  (a) (1) The department shall establish an advisory
committee for purposes of advising the Legislature and the Governor
on human cloning and other issues relating to human biotechnology.
The committee shall be composed of at least nine members, appointed
by the Director of Health Services, who shall serve without
compensation.
   (2) The committee shall include at least one representative from
the areas of medicine, religion, biotechnology, genetics, law, and
from the general public.  The committee shall also include not less
than three independent bioethicists who possess the qualifications
described in paragraph (3).
   (3) The independent bioethicists selected to serve on the
committee shall reflect a representative range of religious and
ethical perspectives in California regarding the issues of human
cloning and human biotechnology.  An independent bioethicist serving
on the advisory committee shall not be employed by, consult with or
have consulted with, or have any direct or indirect financial
interest, in any corporation engaging in research relating to human
cloning or human biotechnology.  A person with any affiliation to the
grant-funded cloning research programs operated by the University of
California or the California State University is also prohibited
from serving as a bioethicist on the advisory committee.
   (b) On or before December 31, 2003, and annually thereafter, the
department shall report to the Legislature and the Governor regarding
the activities of the committee.
   (c) The activities of the committee shall, to the extent that
funds are available, be funded by the department out of existing
resources.
  SEC. 6.  Section 24189 of the Health and Safety Code is repealed.