Second Regular Session
       
                   Sixty-second General Assembly
       LLS NO. 00-0949.01 Julie Hoerner HOUSE BILL 00-1468 
       
                         STATE OF COLORADO
       
       BY REPRESENTATIVES Paschall, May, Fairbank, Hefley, Mitchell,
       Nu¤ez, Scott, and Sinclair; .
       also SENATORS Lamborn, Andrews, Arnold, Congrove, Hillman, and
       Teck
       
       
       
                         A BILL FOR AN ACT
            Concerning the use of fetal tissue from induced termination of
            pregnancy.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Defines induced termination of pregnancy.
            Finds, determines, and declares that the use of fetal tissue should
       not be acquired for financial consideration.  Finds that the United States
       congress enacted legislation prohibiting the acquisition, receipt, or
       transfer of fetal tissue for consideration if interstate commerce is affected. 
       Determines and declares that intrastate commerce is affected by the
       acquisition, receipt, or transfer of fetal tissue for consideration, and
       therefore prohibits such transfers.  Prohibits the transfer of fetal tissue for
       consideration or through gift, grant, or donation.  Allows for the
       disposition of fetal tissue from induced terminations of pregnancy
       pursuant to laws concerning the disposal of infectious waste.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  25-2-102, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            25-2-102.  Definitions. As used in this article, unless the context
       otherwise requires:
            (2.7)  "Induced termination of pregnancy" means the
       purposeful interruption of a pregnancy with an intention other
       than producing a live-born infant or removing a dead fetus and
       that does not result in a live birth.
            SECTION 2.  Article 2 of title 25, Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SECTION to read:
            25-2-111.5.  Use of fetal tissue from induced termination of
       pregnancy - legislative declaration - prohibited uses. (1)  The general
       assembly hereby finds, determines, and declares that the
       procurement of fetal tissue from induced terminations of
       pregnancy obtained through business transactions between
       physicians and researchers does not serve the citizenry of
       Colorado.  The United States congress enacted 42 U.S.C. sec.
       289g-2, prohibiting the acquisition, receipt, or other transfer of
       fetal tissue for consideration if the transfer affects interstate
       commerce.  The general assembly determines and declares that
       the acquisition, receipt, or other transfer of fetal tissue for
       consideration affects intrastate commerce and is not in the
       public interest of the residents of Colorado.  Therefore, the
       general assembly finds, determines, and declares that the
       exchange for consideration of fetal tissue obtained from an
       induced termination of pregnancy should be prohibited.
            (2) (a)  No physician or institution that performs
       procedures for the induced termination of pregnancy shall
       transfer such tissue for consideration or through gift, grant,
       or donation to any organization or person that conducts
       research using fetal tissue or that transplants fetal tissue for
       therapeutic purposes.  For the purposes of this section,
       "consideration" includes any financial agreement including, but
       not limited to, lease-sharing agreements or agreements for the
       purchasing of fetal tissue.
            (b)  Nothing in this subsection (2) shall prevent the
       disposition of fetal tissue from an induced termination of
       pregnancy pursuant to part 4 of article 15 of this title.
            (3)  Any physician or institution that violates subsection
       (2) of this section shall be fined by the state registrar not more
       than ten thousand dollars, depending upon the severity of the
       violation.
            (4)  The department of public health and environment may
       promulgate rules related to enforcement activities necessary
       to implement this section.
            SECTION 3.  Effective date - applicability.  (1)  This act shall
       take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly that is
       allowed for submitting a referendum petition pursuant to article V,
       section 1 (3) of the state constitution; except that, if a referendum petition
       is filed against this act or an item, section, or part of this act within such
       period, then the act, item, section, or part, if approved by the people, shall
       take effect on the date of the official declaration of the vote thereon by
       proclamation of the governor.
            (2)  The provisions of this act shall apply to all induced
       terminations of pregnancy on or after the applicable effective date of this
       act.