Overview of the California Constitution – Article XXXV

Overview of the California Constitution – Article XXXV By Chris Micheli

            Article 35, dealing with medical research, was added to the California Constitution by Proposition 71 that was adopted by the voters on November 2, 2004. This article contains the following seven sections:

Section 1 establishes the California Institute for Regenerative Medicine.

Section 2 provides that the Institute has the following purposes: (a) To make grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies, protocols, and/or medical procedures that will result in, as speedily as possible, the cure for, and/or substantial mitigation of, major diseases, injuries, and orphan diseases. (b) To support all stages of the process of developing cures, from laboratory research through successful clinical trials. (c) To establish the appropriate regulatory standards and oversight bodies for research and facilities development.

Section 3 prohibits the Institute from using any funds for research involving human reproductive cloning.

Section 4 authorizes the continuous appropriation of funds to the Institute regardless of the fiscal year, and makes those funds available and used only for the purposes provided in this article, and are prohibited from being appropriated or transferred by the Legislature or the Governor for any other purpose.

Section 5 establishes a right to conduct stem cell research which includes research involving adult stem cells, cord blood stem cells, pluripotent stem cells, and/or progenitor cells. This section defines pluripotent stem cells and progenitor cells.

Section 6 establishes the Institute in state government and authorized it to utilize state issued tax-exempt and taxable bonds to fund its operations, medical and scientific research, including therapy development through clinical trials, and facilities.

Section 7 provides that the Institute and its employees are exempt from civil service.


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