Brief (1)
The bill would enact new law regarding the handling of fetal tissue, and create criminal penalties for violations.
Specifically, the bill would prohibit acquisition, acceptance, or transfer of any fetal tissue for consideration.
Consideration would be defined to be any:
The term "consideration" specifically would not include any reasonable payment of transportation, processing, preservation, quality control, or storage of the tissue if the cost of those activities is $25 or less.
Fetal tissue would be defined in the bill to include any tissue, cells, or organs obtained from a dead human embryo or fetus after an induced or spontaneous abortion or after a stillbirth.
The bill also would prohibit solicitation, acquisition, or acceptance of donated fetal tissue from an induced or spontaneous abortion if the donor designates the recipient, the recipient is related to the donor, or the person making the solicitation or acquisition or accepting the tissue made a payment toward the cost of the abortion.
The bill would require anyone transferring fetal tissue to report to the Secretary of Health and Environment the:
Anyone who ships fetal tissue by means of a common carrier or delivery services would be required to disclose to the carrier or delivery service that the contents are fetal tissue.
The provisions of the bill would not apply to transfers of fetal tissue to a pathologist for testing or the transfer of tissue for immediate burial or cremation.
Violation of any provisions of the bill would be a class A misdemeanor.
The bill would not authorize fetal tissue research.
The bill would become effective upon publication in the Kansas Register.
Background
Provisions of the substitute bill were introduced as HB 3034. Introduction of that bill was requested by Representative Phill Kline, who, along with representatives of Kansans for Life, Right to Life of Kansas, Concerned Women of America, Kansas Catholic Conference, Kansas Christian Coalition, and a physician, presented testimony in favor of the bill at the hearing before the House Committee on Federal and State Affairs. An individual with glaucoma presented testimony in opposition to the bill especially in regard to its potential impact on research.
Portions of HB 3034 parallel federal law, 42 U.S.C. Secs. 298g-1, and 298g-2. Other provisions of the bill parallel a Missouri bill, HB 1826, which was in the first committee at the time the House Committee acted on SB 430.
The Division of the Budget's fiscal note on the introduced version of HB 3034 states that enactment of the bill would have an impact on expenditures of the Department of Health and Environment and the Judicial Branch, but that the expenditures could be covered within existing resources.
Senate Sub. for Sub. HB 2007, which also addresses transactions involving fetal organs and tissue was in a Conference Committee at the time the House Committee took action on Sub. SB 430.
SB 430, as it passed the Senate, would have amended the Kansas Liquor Control Act to allow the issuance of a retail liquor store license in any township having a population of more than 5,000. Current law limits the issuance of retail store licenses to any township having a population of more than 11,000. The bill also would have allowed consumption of alcoholic liquor on property under the control of the board of trustees of a community college, if such property is not used for classroom instruction.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html