California Constitution Article XXXV
Encyclopedia
Proposition 71 of 2004 is a law enacted by California voters to support stem cell research in the state. It was proposed by means of the initiative
process and approved in the 2004 state elections
on November 2. The Act amended both the Constitution of California and the Health and Safety Code
.
The Act makes conducting stem cell
research a state constitutional right
. It authorizes the sale of general obligation bonds
to allocate three billion dollars over a period of ten years to stem cell research and research facilities. Although the funds could be used to finance all kinds of stem cell research, it gives priority to human embryonic stem cell research.
Proposition 71 created the California Institute for Regenerative Medicine
(CIRM), which is in charge of making "grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies" as well as establishing "the appropriate regulatory standards of oversight bodies for research and facilities development". The Act also establishes a governing body called the Independent Citizen’s Oversight Committee (ICOC) to oversee CIRM.
Proposition 71 is unique in at least three ways. Firstly, it uses general obligation bond
s, which are usually used to finance brick-and-mortar projects such as bridges or hospitals, to fund scientific research. Secondly, by funding scientific research on such a large scale, California is taking on a role that is typically fulfilled by the U.S. federal government
. Thirdly, Proposition 71 establishes the state constitutional right to conduct stem cell research. The initiative also represents a unique instance where the public directly decided to fund scientific research.
and Cures Act”. That is therefore the official citation. However the measure is also headed as the California Stem Cell Research and Cures Initiative. The Act is long and complex. It amends the state constitution by adding "Article 35 – Medical Research". This article establishes the CIRM and guarantees a right to conduct stem cell research. Proposition 71 also amends the Health and Safety Code, by introducing a provision in Part 5 of Division 106 called "Chapter 3 – California Stem Cell Research and Cures Bond Act". This chapter, among other provisions, establishes the ICOC.
.
Ever since 1996, Congress has attached to the Health and Human Services appropriations bill (which regulates the funding for the National Institutes of Health) a provision known as the "Dickey Amendment
". This amendment, named after the former representative Jay Dickey
, Republican from Arkansas, prohibits the use of federal monies to fund "research that destroys or seriously endangers human embryos, or creates them for research purposes".
In 1999, however, the General Counsel of the Department of Health and Human Services issued a legal opinion arguing, "that the wording of the law might permit an interpretation under which human embryonic stem cell research could be funded". This interpretation stipulated that the government could fund this research so long as the embryos used had been destroyed by researchers privately paid. Although the Clinton administration adopted this interpretation and wrote the corresponding guidelines, it did not have the time to enforce them. The issue would pass on to the next administration.
On August 9, 2001, President George W. Bush
announced his administration's policy regarding human embryonic stem cell research. The President opted to fund only research on the existing 60 cell lines. The large number of cell lines quoted by the President surprised many scientists. Furthermore, they were concerned about the availability and quality of these lines. Scientists also worried about the impact the president’s policy could have on the American research community. The United States, they argued, lags behind other countries where governments support stem cell research. This, in turn, could cause American scientists to move to these countries.
Proposition 71 represents a response to the federal policy. The idea for this proposition came about after the California legislature blocked a billion-dollar measure to fund stem cell research. Robert N. Klein II
, a real-estate developer from Palo Alto, whose son suffers from diabetes and whose mother has Alzheimer's, became the leader of the campaign effort to pass Proposition 71, and spent two million dollars of his own money in the campaign.
, Sharyn Rossi, Monica Siegenthaler, Brad Pitt
, Saba Motakef, and Michael J. Fox
; a number of elected officials such as State Treasurer Phil Angelides
, and State Controller Steve Westly
, and State Senator Deborah Ortiz
; more than fifty patient and disease advocacy groups (e.g., Juvenile Diabetes Research Foundation, Alzheimer's Association California Council, Sickle Cell Disease Foundation of California), medical groups and hospitals (e.g., California Medical Association, Children's Hospital-Los Angeles), groups representing Latinos and African Americans (e.g. National Coalition of Hispanic Organization, California NAACP), women's advocacy groups (e.g., Planned Parenthood, California NOW) and religious organizations (e.g. Catholics for a Free Choice).
The Republican Party
opposed this initiative, but two key Republican figures endorsed it. They were George P. Shultz
, the U.S. Secretary of State
in the Reagan Administration
and California Governor Arnold Schwarzenegger
. Although Schwarzenegger did not endorse it until October 18, 2004, his support may have helped to solidify the proposition's lead in the polls.
This campaign raised approximately $25 million. The contributors included such prominent figures as Bill Gates, who donated $400,000; Pierre M. and Pamela Omidyar, the founders of eBay
who together gave $1 million; Gordon Gund, the owner of the Cleveland Cavaliers
basketball team, who contributed $1 million; Herbert M. Sandler, chairman of the board of World Savings Bank, who gave $500,000; John Doerr
, a Silicon Valley venture capitalist, who donated $2 million; and William Bowes Jr., a founder of Amgen
(a biotech company), who gave $600,000.
, Orange County Republicans, and the California Pro-Life Council, an affiliate of the National Right to Life Committee
. Among the politicians in this group were State Senator Tom McClintock
(R-Thousand Oaks) and Orange County Treasurer-Tax Collector John Moorlach
. The Hollywood actor Mel Gibson
also joined the efforts to defeat this initiative. Conservative groups, however, were not the only ones opposing Prop. 71; organizations such as the California Nurses Association (CNA), the Green Party
, the Center for Genetics and Society, Our Bodies Ourselves, among others, were also against the initiative.
Two prominent groups campaigning to defeat the initiative were the Pro-Choice Alliance Against Proposition 71 and Doctors, Patients, and Taxpayers for Fiscal Responsibility. These two groups lacked the wide range of endorsements that the proponents had (however, the Pro-Choice Alliance Against Proposition 71 was endorsed by seven organizations and a number of university professors). On the Doctors, Patients, and Taxpayers for Fiscal Responsibility website (which no longer exists) there were only fourteen members listed. Among these members were Dr. Vincent Fortanasce, a physician; Diane Beeson, a medical sociologists; Carol Hogan, a spokesperson for the California Catholic Bishops; and Dr. H Rex Greene, an oncologist and hospital administrator.
The four organizations campaigning against the initiative raised almost $400,000. The main contributors were the United States Conference of Catholic Bishops
, which donated $50,000 and Howard Ahmanson Jr., founder and president of Fieldstead & Company, who gave $95,000.
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
process and approved in the 2004 state elections
California state elections, 2004
California's state elections were held November 2, 2004. Necessary primary elections were held on March 2. Up for election were all the seats of the State Assembly, 20 seats of the State Senate, and sixteen ballot measures.-State Senate:...
on November 2. The Act amended both the Constitution of California and the Health and Safety Code
California Health and Safety Code
California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. The California Health and Safety Code is the code covering the subject areas of health and safety.-External links:...
.
The Act makes conducting stem cell
Stem cell
This article is about the cell type. For the medical therapy, see Stem Cell TreatmentsStem cells are biological cells found in all multicellular organisms, that can divide and differentiate into diverse specialized cell types and can self-renew to produce more stem cells...
research a state constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
. It authorizes the sale of general obligation bonds
Bond (finance)
In finance, a bond is a debt security, in which the authorized issuer owes the holders a debt and, depending on the terms of the bond, is obliged to pay interest to use and/or to repay the principal at a later date, termed maturity...
to allocate three billion dollars over a period of ten years to stem cell research and research facilities. Although the funds could be used to finance all kinds of stem cell research, it gives priority to human embryonic stem cell research.
Proposition 71 created the California Institute for Regenerative Medicine
California Institute for Regenerative Medicine
The California Institute for Regenerative Medicine was created by California's Proposition 71 , which authorized it to issue $3 billion in grants, funded by bonds, over ten years for embryonic stem cell and other biomedical research. It is claimed to be the world's largest single backer of...
(CIRM), which is in charge of making "grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies" as well as establishing "the appropriate regulatory standards of oversight bodies for research and facilities development". The Act also establishes a governing body called the Independent Citizen’s Oversight Committee (ICOC) to oversee CIRM.
Proposition 71 is unique in at least three ways. Firstly, it uses general obligation bond
General obligation bond
A general obligation bond is a common type of municipal bond in the United States that is secured by a state or local government's pledge to use legally available resources, including tax revenues, to repay bond holders....
s, which are usually used to finance brick-and-mortar projects such as bridges or hospitals, to fund scientific research. Secondly, by funding scientific research on such a large scale, California is taking on a role that is typically fulfilled by the U.S. federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. Thirdly, Proposition 71 establishes the state constitutional right to conduct stem cell research. The initiative also represents a unique instance where the public directly decided to fund scientific research.
Provisions
Proposition 71 states that "This measure shall be known as the California Stem Cell Researchand Cures Act”. That is therefore the official citation. However the measure is also headed as the California Stem Cell Research and Cures Initiative. The Act is long and complex. It amends the state constitution by adding "Article 35 – Medical Research". This article establishes the CIRM and guarantees a right to conduct stem cell research. Proposition 71 also amends the Health and Safety Code, by introducing a provision in Part 5 of Division 106 called "Chapter 3 – California Stem Cell Research and Cures Bond Act". This chapter, among other provisions, establishes the ICOC.
ICOC membership
- (5 members) the chancellors of University of California at San Francisco, Davis, San Diego, Los Angeles, and Irvine.
- (12 members) the Governor, the Lieutenant Governor, the Treasurer, and the Controller each appoints a member from each of the following three categories:
- A California university, excluding the ones mentioned above.
- A California nonprofit academic and research institution that is not part of the University of California.
- A California life science commercial entity that is not actively engaged in researching or developing therapies with pluripotent or progenitor stem cells.
- (2 members) the Governor appoints two members, each from the following disease advocacy groups: Alzheimer's and spinal cord injury.
- (2 members) the Lieutenant Governor appoints two members, each from the following disease advocacy groups: type II diabetes and multiple sclerosis, or amyotrophic lateral sclerosis.
- (2 members) the Treasurer appoints two members, each from the following disease advocacy groups: type I diabetes and heart disease.
- (2 members) the Controller appoints two members, each from the following disease advocacy groups: cancer and Parkinson’s disease.
- (1 member) the Speaker of the Assembly appoints a member from a mental health disease advocacy group.
- (1 member) the President pro Tempore of the Senate appoints a member from an HIV/AIDS disease advocacy group.
- (2 members) A chairperson and vice chairperson who shall be elected by the ICOC members.
CIRM membership
CIRM may have up to 50 employees, who are exempt from civil service. CIRM is divided in three working groups.- Scientific and Medical Research Funding Working Group; has 23 members:
- Seven ICOC patient advocates who must be from California.
- Fifteen stem-cell experts who cannot be from California.
- The ICOC chair.
- Scientific and Medical Accountability Standards Working Group; has 19 members:
- Five ICOC patient advocates who must be from California.
- Nine stem-cell experts.
- Four ethicists.
- The ICOC chair.
- Scientific and Medical Research Facilities Working Group; has 11 members:
- Six members from the Research Funding Work Group.
- Four real estate specialists who must be from California.
- The ICOC chair
Background
Human embryonic stem cell research became a public issue in 1998 when two teams of scientists developed "methods for culturing cell lines derived, respectively, from: (1) cells taken from the inner cell mass of early embryos, and (2) the gonadal ridges of aborted fetuses". Since then, this type of research has sparked intense controversy in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Ever since 1996, Congress has attached to the Health and Human Services appropriations bill (which regulates the funding for the National Institutes of Health) a provision known as the "Dickey Amendment
Dickey Amendment
The Dickey Amendment is the name of an appropriation bill rider attached to a bill passed by United States Congress in 1995, and signed by former President Bill Clinton, which prohibits the Department of Health and Human Services from using appropriated funds for the creation of human embryos for...
". This amendment, named after the former representative Jay Dickey
Jay Dickey
Jay W. Dickey, Jr. is a former U.S. Representative from the Fourth Congressional District of Arkansas. He served in Congress from 1993 to 2000...
, Republican from Arkansas, prohibits the use of federal monies to fund "research that destroys or seriously endangers human embryos, or creates them for research purposes".
In 1999, however, the General Counsel of the Department of Health and Human Services issued a legal opinion arguing, "that the wording of the law might permit an interpretation under which human embryonic stem cell research could be funded". This interpretation stipulated that the government could fund this research so long as the embryos used had been destroyed by researchers privately paid. Although the Clinton administration adopted this interpretation and wrote the corresponding guidelines, it did not have the time to enforce them. The issue would pass on to the next administration.
On August 9, 2001, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
announced his administration's policy regarding human embryonic stem cell research. The President opted to fund only research on the existing 60 cell lines. The large number of cell lines quoted by the President surprised many scientists. Furthermore, they were concerned about the availability and quality of these lines. Scientists also worried about the impact the president’s policy could have on the American research community. The United States, they argued, lags behind other countries where governments support stem cell research. This, in turn, could cause American scientists to move to these countries.
Proposition 71 represents a response to the federal policy. The idea for this proposition came about after the California legislature blocked a billion-dollar measure to fund stem cell research. Robert N. Klein II
Robert N. Klein II
Robert Nicholas "Bob" Klein II, 61, is a stem cell advocate. He initiated California Proposition 71, which succeeded in establishing the California Institute for Regenerative Medicine, of which Klein is now the head....
, a real-estate developer from Palo Alto, whose son suffers from diabetes and whose mother has Alzheimer's, became the leader of the campaign effort to pass Proposition 71, and spent two million dollars of his own money in the campaign.
Proponents
The Coalition for Stem Cell Research and Cures comprised a broad group of people and organizations that included: 22 Nobel laureates; celebrities such as Christopher ReeveChristopher Reeve
Christopher D'Olier Reeve was an American actor, film director, producer, screenwriter, author and activist...
, Sharyn Rossi, Monica Siegenthaler, Brad Pitt
Brad Pitt
William Bradley "Brad" Pitt is an American actor and film producer. Pitt has received two Academy Award nominations and four Golden Globe Award nominations, winning one...
, Saba Motakef, and Michael J. Fox
Michael J. Fox
Michael J. Fox, OC is a Canadian American actor, author, producer, activist and voice-over artist. With a film and television career spanning from the late 1970s, Fox's roles have included Marty McFly from the Back to the Future trilogy ; Alex P...
; a number of elected officials such as State Treasurer Phil Angelides
Phil Angelides
Philip Nicholas "Phil" Angelides is an American politician who was California State Treasurer and the unsuccessful Democratic nominee for Governor of California in the 2006 elections...
, and State Controller Steve Westly
Steve Westly
Steven Paul Westly is an American venture capitalist and politician. He was the State Controller and Chief Financial Officer of California from 2003 to 2007 and was one of the top candidates in the Democratic primary for Governor of California in the 2006 election...
, and State Senator Deborah Ortiz
Deborah Ortiz
Deborah V. Ortiz is an American politician from Sacramento, California. A Democrat, she served in both chambers of the California State Legislature. A then-member of Sacramento City Council, Ortiz was elected to the California State Assembly in 1996 and served a single two-year term representing...
; more than fifty patient and disease advocacy groups (e.g., Juvenile Diabetes Research Foundation, Alzheimer's Association California Council, Sickle Cell Disease Foundation of California), medical groups and hospitals (e.g., California Medical Association, Children's Hospital-Los Angeles), groups representing Latinos and African Americans (e.g. National Coalition of Hispanic Organization, California NAACP), women's advocacy groups (e.g., Planned Parenthood, California NOW) and religious organizations (e.g. Catholics for a Free Choice).
The Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
opposed this initiative, but two key Republican figures endorsed it. They were George P. Shultz
George P. Shultz
George Pratt Shultz is an American economist, statesman, and businessman. He served as the United States Secretary of Labor from 1969 to 1970, as the U.S. Secretary of the Treasury from 1972 to 1974, and as the U.S. Secretary of State from 1982 to 1989...
, the U.S. Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
in the Reagan Administration
Reagan Administration
The United States presidency of Ronald Reagan, also known as the Reagan administration, was a Republican administration headed by Ronald Reagan from January 20, 1981, to January 20, 1989....
and California Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
. Although Schwarzenegger did not endorse it until October 18, 2004, his support may have helped to solidify the proposition's lead in the polls.
This campaign raised approximately $25 million. The contributors included such prominent figures as Bill Gates, who donated $400,000; Pierre M. and Pamela Omidyar, the founders of eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
who together gave $1 million; Gordon Gund, the owner of the Cleveland Cavaliers
Cleveland Cavaliers
The Cleveland Cavaliers are a professional basketball team based in Cleveland, Ohio. They began playing in the National Basketball Association in 1970 as an expansion team...
basketball team, who contributed $1 million; Herbert M. Sandler, chairman of the board of World Savings Bank, who gave $500,000; John Doerr
John Doerr
L. John Doerr is an American venture capitalist at Kleiner Perkins Caufield & Byers in Menlo Park, California, in Silicon Valley. In February 2009, Doerr was appointed as a member of the President's Economic Recovery Advisory Board to provide the president and his administration with advice and...
, a Silicon Valley venture capitalist, who donated $2 million; and William Bowes Jr., a founder of Amgen
Amgen
Amgen Inc. is an international biotechnology company headquartered in Thousand Oaks, California. Located in the Conejo Valley, Amgen is the world's largest independent biotech firm. The company employs approximately 17,000 staff members. Its products include Epogen, Aranesp, Enbrel, Kineret,...
(a biotech company), who gave $600,000.
Opposition
Those who opposed Proposition 71 included the Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, Orange County Republicans, and the California Pro-Life Council, an affiliate of the National Right to Life Committee
National Right to Life Committee
The National Right to Life Committee is the oldest and largest pro-life organization in the United States with affiliates in all 50 states and over 3,000 local chapters nationwide. The group works through legislation and education to work against abortion, infanticide, euthanasia and assisted...
. Among the politicians in this group were State Senator Tom McClintock
Tom McClintock
Thomas Miller McClintock II is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. He is a former Assemblyman and state Senator...
(R-Thousand Oaks) and Orange County Treasurer-Tax Collector John Moorlach
John Moorlach
John M. W. Moorlach is a Republican member of the Orange County Board of Supervisors and represents the Second District on the board...
. The Hollywood actor Mel Gibson
Mel Gibson
Mel Colm-Cille Gerard Gibson, AO is an American actor, film director, producer and screenwriter. Born in Peekskill, New York, Gibson moved with his parents to Sydney, Australia when he was 12 years old and later studied acting at the Australian National Institute of Dramatic Art.After appearing in...
also joined the efforts to defeat this initiative. Conservative groups, however, were not the only ones opposing Prop. 71; organizations such as the California Nurses Association (CNA), the Green Party
Green Party (United States)
The Green Party of the United States is a nationally recognized political party which officially formed in 1991. It is a voluntary association of state green parties. Prior to national formation, many state affiliates had already formed and were recognized by other state parties...
, the Center for Genetics and Society, Our Bodies Ourselves, among others, were also against the initiative.
Two prominent groups campaigning to defeat the initiative were the Pro-Choice Alliance Against Proposition 71 and Doctors, Patients, and Taxpayers for Fiscal Responsibility. These two groups lacked the wide range of endorsements that the proponents had (however, the Pro-Choice Alliance Against Proposition 71 was endorsed by seven organizations and a number of university professors). On the Doctors, Patients, and Taxpayers for Fiscal Responsibility website (which no longer exists) there were only fourteen members listed. Among these members were Dr. Vincent Fortanasce, a physician; Diane Beeson, a medical sociologists; Carol Hogan, a spokesperson for the California Catholic Bishops; and Dr. H Rex Greene, an oncologist and hospital administrator.
The four organizations campaigning against the initiative raised almost $400,000. The main contributors were the United States Conference of Catholic Bishops
United States Conference of Catholic Bishops
The United States Conference of Catholic Bishops is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops and United States Catholic Conference, it is composed of all active and retired members of the Catholic...
, which donated $50,000 and Howard Ahmanson Jr., founder and president of Fieldstead & Company, who gave $95,000.
Results of vote
External links
- Full text of Proposition 71
- Analysis of Fiscal Impact by the Legislative Analyst's Office
- Summary by the Attorney General
- Campaign Contributions
- Center for Genetics and Society
- California Institute for Regenerative Medicine
- ICOC List of Members
- President's Council on Bioethics: Monitoring Stem Cell Research