040-2006 Vote Record Report on SB 401 Stem Cell Bill.htm

CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
DISABILITY RIGHTS NEWS REPORT
#040-2006 April 20, 2006 Thursday morning
Advocacy Without Borders:
Connecting people with disabilities & seniors to rights and unified action
1225 8th Street Suite 480 - Sacramento, CA 95814 916/446-0013 Fax: 916/446-0026
Marty Omoto - director email: martyomoto@rcip.com    website: www.cdcan.us

California Legislature
* CDCAN Vote Record Report on SB 401 - Stem Cell Research
* Legislation Passes Senate Health Committee 9-2
* Heads Next To Assembly Appropriations Committee

SACRAMENTO - As reported yesterday, the Assembly Health Committee passed by a vote of 9-2 on Tuesday (April 18), SB 401 which would place on the election ballot in November for voter approval, changes to the part of Proposition 71, the California Stem Cell Research and Cures Bond Act that is in State law (statute) regarding implementation. The bill, in its current form, cannot make changes to the provisions about stem cell research in the State Constitution under Article 35, which would require a constitutional amendment to change. The bill has drawn the opposition of some disability advocates and supporters of Proposition 71 (see CDCAN Disability Rights Report #39-2006 dated April 19 for details) who vow to continue their fight. Ortiz says her bill is necessary to "keep the promise" made to the voters who approved Proposition 71.

SB 401, authored by Sen. Deborah Ortiz (D-Sacramento, 6th District)), chair of the Senate Health Committee, and by Sen. George Runner (R-Antelope Valley, 17th District), vice chair of the same committee now heads to the Assembly Appropriations Committee, and if approved there, to the Assembly floor for a vote by the full Assembly [ Note: CDCAN Report yesterday incorrectly reported that it was referred to Assembly Judiciary Committee, where he previous version of SB 401 which had nothing to do with stem cell research of Proposition 71 was scheduled to go] .   The Assembly Health Committee passed SB 401 with amendments or changes to the bill that included a section on how the bill would be placed on the November 2006 election ballot should the Governor sign the bill, and some other minor (or technical) changes.

Impact to People With Disabilities and Seniors
The legislation and Proposition 71 is of interest to many disability and senior advocates who look to stem cell research funding and implementation as a major step toward finding possible cures for many health conditions and injuries, including those that cause major disabilities or disorders. The issue has also drawn some controversy because of the opposition of many "right to life" groups and individuals who oppose use of stem cells for research. Newspaper reports over the past year have raised and reported concerns about Proposition 71 implementation.

What SB 401 Proposes To Do
* The bill, if approved by the Legislature and signed by the Governor, would place on the ballot in November 2006, proposed changes in existing State law relating to Proposition 71 - though not changes to the State Constitution. Any change to Proposition 71 however requires approval of California voters, though the Legislature, by a vote of 70% in both houses, can make changes on their own without voter approval, not sooner than three years after the proposition's enactment.
* Some issues have been raised about how that is to be done if the bill is not passed as an "urgency" or "emergency" bill, which takes effect immediately - though the Legislature's counsel believes it can be done.
* The bill changes or modifies provisions in specific state laws passed as part of Proposition 71 that deal with public hearings , public records, and conflict of interest regarding members of the Independent Citizen's Oversight Committee, the Citizen's Financial Accountability Oversight Committee, and the advisory and working groups established in the original initiative to assist these committees.
* Establishes minimum licensing standards for intellectual property (property that deals with creation of a product or work, such as creation of a an research report, etc) for research and facilities grants and loans.
* Requires that a therapy or other product developed by a commercial entity using Proposition 71 funds must be sold at a cost not to exceed the federal Medicaid price. The Federal Medicaid Drug Rebate law requires that all pharmaceutical (drug) manufacturers that supply products to Medicaid (Medi-Cal) recipients provide the Medicaid programs the benefit of the" best price" available for that product. Sen. Ortiz previously said that it was her intent to define federal Medicaid price as the Medicaid "net manufacturer price" which is on average 51% of Average Manufacturer price

CDCAN VOTE RECORD REPORT - SB 401
Assembly Health Committee
Total Members 14 (10 Democrats, 4 Republicans)
Democrats (10): Assemblymember Wilma Chan (D-Oakland, 16th District), Chair; Patty Berg (D-Eureka, 1st District); Rebecca Cohn (D-Campbell, 24th District); Meveryn Dymally (D-Compton, 52nd District); Dario Frommer (D-Glendale, 43rd District); Dave Jones (D-Sacramento, 9th District); Ted Lieu (Torrance, 53rd District); Cindy Montanez (D-San Fernando, 39th District); Gloria Negrete McLeod (D-Chino, 61st District); Mark Ridley-Thomas (D-Los Angeles, 48th District)
Republicans (4): Assemblymember Aghazarian (R-Stockton, 26th District) Vice Chair; Alan Nakanishi (R-Lodi, 10th District); Keith Richman (R-Northridge, 38th District); Audra Strickland (R-Moorpark, 37th District)

SB 401 - (Ortiz/Runner) Stem Cell Research: Independent Citizens Oversight Committee Procedures.
Action 04/18/06: Passed Assembly Health Committee with amendments. Referred to Assembly Appropriations Committee.
Assembly Health Committee Vote 9-2
AYES Votes - 9
Democrats Voting Aye (8): Chan, Berg, Dymally, Jones, Lieu, Montanez, Negrete McLeod, Ridley Thomas
Republicans Voting Aye (1): Nakanishi
NO Votes - 2
Democrats Voting No (0): -none-
Republicans Voting No (2): Aghazarian and Strickland
ABSENT, ABSTAINING OR NOT VOTING- 3
Democrats Absent, Abstaining or Not Voting (2): Cohn and Frommer
Republicans Absent, Abstaining or Not Voting (1): Richman
Next: To Assembly Appropriations Committee, and then if approved there, to Assembly Floor.

SB 1260 Passes Senate Health Committee
Another measure by Ortiz dealing with stem cell research and related issues, SB 1260, passed the Senate Health Committee yesterday (April 19) by a vote of 9-0, with amendments and was referred to the Senate Appropriations Committee. The bill would remove the repeal date of January 1, 2007 in existing state law that requires the Department of Health Services to, among other things, develop guidelines for research involving the derivation or use of embryonic stem cells, to report annually to the Legislature, and to revise those guidelines as necessary.   The bill also would require a doctor prior to providing assisted oocyte production or other method of ovarian retrieval for purposes of research, information to and consent from the individual. SB 1260 bill would also prohibit human oocytes or embryos from being acquired, sold, offered for sale, received, or otherwise transferred for valuable consideration for medical research or development of medical therapies and prohibits payments in excess of the amount of reimbursement for direct,
out-of-pocket expenses.

Ortiz Says SB 401 Is Necessary To Keep Promise Made To People Voting for Prop 71
* Sen. Ortiz , who also chairs the Senate Health Committee, said she is authoring SB 401 to address what she viewed as gaps in the drafting and implementation of Proposition 71.
* She said that voters passed Proposition 71 with the hopes for cures and better medical treatments for dozens of chronic and debilitating diseases and conditions. Ortiz however maintains that despite the promise and intent of Proposition 71, it does not contain the safeguards to ensure that funding decisions are open and public and not influenced by conflicts of interest.
* While agreeing that the agencies overseeing implementation of Proposition 71 - the California Institute for Regenerative Medicine and the Independent Citizen's Oversight Committee have taken steps to address some of the problems, Ortiz feels that gaps in "public accountability" remain and that solutions to these issues need to be put into state law.
* Ortiz cites the support of several major California newspapers and also individual activists and advocates.
* Besides SB 401, and SB 1260, Ortiz has another bill, a constitutional amendment, SCA 13, pending on the Senate floor, currently "inactive". SCA 13, titled "Biomedical Research" would add, or change or modify the provisions of Proposition 71 in the State Constitution, relating to reporting of economic interests, conflicts of interests, open meetings and public record laws.   The measure has not yet been heard or voted on in the Assembly. Like SB 401, SCA 13 is co-authored by a mix of conservative Republicans (Sens. Runner, Cox and Dutton and Assemblymembers Benoit, Garcia) and liberal Democrats (Assemblymember Jones, Laird, Leno and Yee)
* Sen. Ortiz over the past several years has authored several bills, several enacted into law, related to the issue of stem cells and research including a bill last year, SB 18 that was vetoed by the Governor. SB 18 was passed by the Legislature in 2005 and would have required the State Auditor to conduct a performance audit of the California Institute for Regenerative Medicine and the Independent Citizen's Oversight Committee. The bill was vetoed by Gov. Arnold Schwarzenegger, who said that it was in direct conflict with Proposition 71 as approved by voters.

Some Advocates Oppose SB 401 - Raise Concerns That It Will Delay Implementation
* Some disability and other advocates raised concerns and opposition to the measure saying that changes to the landmark proposition would cause "harmful delay" to people and their families who believe that stem cell research may provide their only hope for a cure to certain injuries, and disabling conditions.
* They worry that returning the issue to the ballot for yet another vote puts a further cost burden on the taxpayers on a issue which voters already approved overwhelmingly. Some raised concerns about opponents of stem cell research who may be backing SB 401 to stall implementation of Proposition 71.
* One parent activist, Nicki Pecchenino, who strongly opposes SB 401, wrote to the committee that "I am the mother of a child with autism. There is no cure. There is no hope, unless stem cell research is allowed to move forward as outlined in Proposition 71...further delay to research may mean countless, unnecessary deaths and crushing financial pressures on families, the state, and our economy...It is frustrating enough to know that litigation has prevented vital research from moving forward...as the public expected when they entered the voting booth. "
* The measure is opposed by the California Healthcare Institute and the California Institute for Regenerative Medicine who said the bill is "premature and unnecessary" because many of the issues, they say regarding open meetings, conflicts of interest have been addressed.
* They claimed that if implemented, the bill may discourage industry participation because language directed towards increasing the share of revenues to be allocated to the state from Prop. 71's future successes may have the effect of discouraging applications for research grants.
* They also say that participation by important research groups and entities could be impacted by tying what they can charge for their costs, should a product (drugs, therapies, etc) be developed, to federal Medicaid pricing levels.
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CDCAN Capitol News Reports and Alerts
These CDCAN Reports are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities. The opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
The California Disability Community Action Network is a non-partisan link to tens of thousands of Californians in every community, including people of color, people of every type of disability, including people with physical disabilities, people with developmental and other disabilities, people with traumatic brain and other injures, people with mental health needs, seniors, people with MS, Alzheimer's and others, and all of their families, community organizations and providers, direct care and other workers, and other advocates. These action alerts and news reports is for all of them.   If you would like to get on this distribution (and conversely, get off of it) please send an email with that request to: martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us Sharing information is part of our organizing effort. Please feel free to forward or copy this (attribution is nice but not necessary). We're all in this together!
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