06 LC 21
8836
Senate
Bill 596
By:
Senators Shafer of the 48th, Cagle of the 49th, Carter of the 13th, Kemp of the
46th, Whitehead, Sr. of the 24th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 31 of the Official Code of Georgia Annotated, relating to health, so
as to provide a short title; to provide legislative intent and findings; to
provide definitions; to create the Newborn Umbilical Cord Blood Bank for
postnatal tissue and fluid; to provide for donations and information concerning
donations; to provide for certain procedures and costs and fees associated with
such bank; to provide for the creation of the Georgia Commission for the Newborn
Umbilical Cord Blood Initiative and the membership, appointment, terms of
office, and duties of such commission; to provide for certain funding
mechanisms; to prohibit human cloning; to provide for civil and criminal
penalties; to provide for related matters; to amend Article 3 of Chapter 7 of
Title 48 of the Official Code of Georgia Annotated, relating to income tax
returns and information, so as to authorize taxpayers to make certain
contributions through the income tax payment and refund process; to provide an
effective date and for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Delivering the Cure: Newborn
Umbilical Cord Blood Initiative Act."
SECTION
2.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
adding a new Chapter 46 to read as follows:
"CHAPTER
46
31-46-1.
The
General Assembly finds and declares that:
(1)
Over 100 million Americans and two billion other humans worldwide suffer from
diseases that may eventually be treated more effectively or even cured with stem
cells;
(2)
Stem cell research has been hampered by the controversy over embryonic stem
cells;
(3)
Stem cells are not found only in embryos;
(4)
The umbilical cord, placenta, and amniotic fluid are rich in stem cells which
may be used for scientific research and medical research without destroying
embryos;
(5)
Stem cell research using stem cells from postnatal tissue and fluid has already
resulted in treatments for anemia, leukemia, lymphoma, lupus, multiple
sclerosis, rheumatoid arthritis, spinal cord injury, and
Crohńs
disease;
(6)
Stem cell therapies using stem cells from postnatal tissue and fluid are being
studied for diseases as wide-ranging and diverse as corneal degeneration, heart
disease, stroke,
Parkinsońs
disease, and
Alzheimeŕs
disease;
(7)
It shall be the public policy of this state to encourage the donation,
collection, and storage of stem cells collected from postnatal tissue and fluid
and to make such stem cells available for both scientific research and medical
treatment. It shall be the public policy of this state to encourage ethical
research in life science and regenerative medicine; and
(8)
It shall be against the public policy of this state to perform human cloning for
either reproductive or research purposes.
31-46-2.
As
used in this chapter, the term:
(1)
'Amniotic fluid' means the fluid inside the amnion.
(2)
'Asexual reproduction' means reproduction not initiated by the union of oocyte
and sperm.
(3)
'Embryo' means a living organism of the species homo sapiens from the
single-celled stage to eight
weekś
development.
(4)
'Fetus' means a living organism of the species homo sapiens from eight
weekś
development until complete expulsion or extraction from a
womańs
body or until removal from an artificial womb or other similar environment
designed to nurture the development of such organism.
(5)
'Human cloning' means human asexual reproduction accomplished by introducing
nuclear material from one or more human somatic cells into a fertilized or
unfertilized oocyte whose nuclear material has been removed or inactivated so as
to produce a living organism at any stage of development that is genetically
virtually identical to an existing or previously existing human
organism.
(6)
'Placenta' means the organ that forms on the inner wall of the human uterus
during pregnancy.
(7)
'Postnatal tissue and fluid' means the placenta, umbilical cord, and amniotic
fluid expelled or extracted in connection with the birth of a human
being.
(8)
'Somatic cell' means a diploid cell having a complete set of chromosomes
obtained or derived from a living or deceased human body at any stage of
development.
(9)
'Stem cells' means unspecialized or undifferentiated cells that can
self-replicate and have the potential to differentiate into specialized cell
types.
(10)
'Umbilical cord' means the gelatinous tissue and blood vessels connecting an
unborn human being to the placenta.
31-46-3.
(a)
Not later than June 30, 2007, the Georgia Commission for the Newborn Umbilical
Cord Blood Initiative, as created in Code Section 31-46-4, shall establish a
postnatal tissue and fluid bank in partnership with one or more of the public
colleges or universities in this state for the purpose of collecting and storing
postnatal tissue and fluid. The bank, which shall be known as the Newborn
Umbilical Cord Blood Bank, shall make such tissue and fluid available for
scientific research and medical research in accordance with this chapter. Any
person giving birth to a child in Georgia may contribute postnatal tissue and
fluid to the Newborn Umbilical Cord Blood Bank.
(b)
Beginning June 30, 2007, all physicians and hospitals in this state shall inform
pregnant patients no later than 30 days from the commencement of the
patient́s
third trimester of pregnancy of the opportunity to donate postnatal tissue and
fluid to the Newborn Umbilical Cord Blood Bank; provided, however, that this
subsection shall not be construed to require the participation of any physician
who objects to the transfusion or transplantation of blood on the basis of bona
fide religious beliefs.
(c)
Persons seeking postnatal tissue and fluid from the Newborn Umbilical Cord Blood
Bank for scientific research and medical treatment shall enter into an agreement
with the bank to offset the costs associated with the bank as well as the
expenses incurred in the collection and storage of the postnatal tissue and
fluid.
(d)
Nothing in this Code section shall be construed to prohibit a patient from
donating to a private blood and tissue bank.
(e)
The public college or university designated to coordinate the Newborn Umbilical
Cord Blood Bank shall have an institutional review board which shall be
available on an ongoing basis to review the research procedures and conduct of
any institution or researcher desiring to conduct research with tissue and blood
from the bank. The institutional review board shall establish procedures to
protect and ensure the privacy rights of postnatal tissue and fluid
donors.
(f)
Persons receiving federal funds for stem cell research shall be eligible to
apply to use postnatal tissue and fluid from the bank. The institutional review
board shall verify that the federal government has authorized such research.
Eligibility to apply to use postnatal tissue and fluid for scientific research
shall not be limited to persons receiving federal funds for stem cell
research.
31-46-4.
(a)
There is created the Georgia Commission for the Newborn Umbilical Cord Blood
Initiative which shall consist of 15 members appointed as provided in this Code
section.
(b)
Seven members shall be appointed by the Governor, one of whom shall be a
representative of a public college, university, or medical school. The Governor
shall appoint four members to serve initial terms of three years and three
members to serve initial terms of two years. Thereafter, successors to such
initial appointees shall serve terms of three years. The Governor shall
designate one of the persons so appointed to be the chairperson of the
commission. If the chief executive officer of the Georgia Research Alliance is
not appointed by the Governor or any other appointing authority to serve on the
commission, he or she shall serve as an advisory member.
(c)
Four members shall be appointed by the Lieutenant Governor or, if the Lieutenant
Governor belongs to a political party other than the political party to which a
majority of the members of the Senate belong, by the Senate Committee on
Assignments. Of these four members, there shall be at least one of each of the
following: a physician licensed to practice medicine in this state; a recognized
medical ethicist with an accredited degree in medicine, medical ethics, or
theology; a scientific researcher in stem cell research; and an attorney with
experience in public health or biotechnology law. The Lieutenant Governor or
Senate Committee on Assignments shall appoint two members to serve initial terms
of three years and two members to serve initial terms of two years. Thereafter,
successors to such initial appointees shall serve terms of three
years.
(d)
Four members shall be appointed by the Speaker of the House of Representatives.
Of these four members, there shall be at least one of each of the following: a
physician licensed to practice medicine in this state; a recognized medical
ethicist with an accredited degree in medicine, medical ethics, or theology; a
scientific researcher in stem cell research; and an attorney with experience in
public health or biotechnology law. The Speaker of the House of Representatives
shall appoint two members to serve initial terms of three years and two members
to serve initial terms of two years. Thereafter, successors to such initial
appointees shall serve terms of three years.
(e)
Members of the commission shall be eligible to succeed themselves. The initial
terms of office shall begin on July 1, 2006. Appointments shall be made by the
respective appointing authorities no later than June 15, 2006. Thereafter,
appointments of successors shall be made by the respective appointing authority
no later than June 1 of the year in which the
membeŕs
term of office expires. Vacancies shall be filled for the unexpired term by the
respective appointing authority.
(f)
The commission shall meet at least four times per year at the call of the
chairperson or upon the request of at least seven of its members.
(g)
The commission shall have the following duties and
responsibilities:
(1)
To investigate the implementation of this chapter and to recommend any
improvements to the General Assembly;
(2)
To make available to the public the records of all meetings of the commission
and of all business transacted by the commission;
(3)
To oversee the operations of the Newborn Umbilical Cord Blood Bank established
in Code Section 31-46-3, including approving all fees established to cover
administration, collection, and storage costs;
(4)
To undertake the Newborn Umbilical Cord Blood Initiative by promoting awareness
of the Newborn Umbilical Cord Blood Bank and encouraging donation of postnatal
tissue and fluid to the bank;
(5)
To ensure the privacy of persons who donate umbilical cord blood and placental
tissue to the Newborn Umbilical Cord Blood Bank pursuant to subsection (a) of
Code Section 31-46-3;
(6)
To develop a plan for making postnatal tissue and fluid collected under the
Newborn Umbilical Cord Blood Initiative available for scientific research and
medical treatment;
(7)
To determine the intellectual property rights of the state and persons
conducting scientific research who use postnatal tissue and fluid from the
bank;
(8)
To employ such staff and contract with public colleges and universities and
private firms as necessary to fulfill its duties and responsibilities under this
chapter subject to funding by the General Assembly; and
(9)
To report annually to the General Assembly in December of each year concerning
the activities of the commission with recommendations for any legislative
changes or funding necessary or desirable to fulfill the goals of this
chapter.
(h)
The commission shall provide for protection from disclosure of the identity of
persons making donations to the Newborn Umbilical Cord Blood Bank pursuant to
subsection (a) of Code Section 31-46-3.
(i)
The commission may request additional funding from any additional source
including, but not limited to, private grants.
(j)
The commission may establish a separate not for profit organization or
foundation for the purposes of supporting the Newborn Umbilical Cord Blood Bank
established pursuant to Code Section 31-46-3.
31-46-5.
(a)
It shall be unlawful for any person or entity, public or private, knowingly
to:
(1)
Perform or attempt to perform human cloning;
(2)
Participate in an attempt to perform human cloning; or
(3)
Ship or receive for any purpose an embryo produced by human
cloning.
(b)
Any person or entity that violates this Code section shall be guilty of a felony
and, upon conviction, shall be sentenced to serve not less than one nor more
than ten
yearś
imprisonment or pay a fine in an amount not to exceed $100,000.00, or
both.
(c)
Any person or entity that violates any provision of this Code section shall be
subject to, in the case of a violation that involves the derivation of a
pecuniary gain, a civil penalty of not less than $1 million and not more than an
amount equal to the amount of the gross gain multiplied by two, if that amount
is greater than $1 million.
(d)
Nothing in this Code section shall restrict areas of scientific research not
specifically prohibited by this Code section, including research in the use of
nuclear transfer or other cloning techniques to produce molecules, DNA, cells
other than human embryos, tissues, organs, plants, or animals other than
humans."
SECTION
3.
Article
3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating
to income tax returns and information, is amended by adding at its end a new
Code Section 48-7-63 to read as follows:
"48-7-63.
(a)
Each Georgia income tax return form for taxable years beginning on or after
January 1, 2006, shall contain appropriate language, to be determined by
the state revenue commissioner, offering the taxpayer the opportunity to
contribute to nonembryonic stem cell research through the Georgia Commission for
the Newborn Umbilical Cord Blood Initiative by donating either all or any part
of any tax refund due, by authorizing a reduction in the refund check otherwise
payable, or by contributing any amount over and above any amount of tax owed by
adding that amount to the
taxpayeŕs
payment. The instructions accompanying the income tax return form shall contain
a description of the purposes for which the commission was established and the
intended use of moneys received from the contributions. Each taxpayer required
to file a state income tax return who desires to contribute to the commission
may designate such contribution as provided in this Code section on the
appropriate income tax return form.
(b)
The Department of Revenue shall determine annually the total amount so
contributed and shall transmit such amount to the Georgia Commission for the
Newborn Umbilical Cord Blood
Initiative."
SECTION
4.
(a)
This Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
(b) Section 3 of this Act shall apply to all taxable years beginning on and after January 1, 2006.
(b) Section 3 of this Act shall apply to all taxable years beginning on and after January 1, 2006.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.