[lit-ideas] And why were MO voters a tad confused today??

  • From: JimKandJulieB@xxxxxxx
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Wed, 8 Nov 2006 00:52:55 EST

_Click here:  SOS, Missouri - Elections: 2006 Ballot Measure - Stem Cell 
Initiative_ (http://www.sos.mo.gov/elections/2006petitions/ppStemCell.asp)  
 
   
 
 
2006 Ballot Measure
Constitutional Amendment 2 


 
Stem Cell Initiative

Submitted October 11, 2005  
NOTICE: You are advised that the proposed constitutional amendment may  
change, repeal, or modify by implication or may be construed by some persons to 
 
change, repeal or modify by implication, the following provisions of the  
Constitution of Missouri – Sections 2, 10, 14, and 32 of Article I; Section 1 
of  
Article II; Sections 1, 21, 22, 23, 28, 36, 39, 40, 41, and 42 of Article III;  
Sections 1, 14, 36(a), 37, 37(a), 39, and 52 of Article IV; Sections 5, 14, 
17,  18, and 23, and subsection 17 of Section 27 of Article V; Sections 18(b), 
18(c),  18(d), 18(k), 18(m), 19(a), 20, 31, 32(a), and 32(b) of Article VI; 
Section 9(a)  of Article IX; Sections 1, 6, 11(a), 11(d), and 11(f) of Article 
X; 
and Section  3 or Article XI. 
THE PROPOSED AMENDMENT 
Be it resolved by the people of the state of Missouri that the  Constitution 
be amended:  
 
One new section is adopted by adding one new section to be known as section  
38(d) of Article III to read as follows: 
 
Section 38(d). 1. This section shall be known as the “ Missouri Stem  Cell 
Research and Cures Initiative.”  
2. To ensure that Missouri patients have access to stem cell therapies and  
cures, that Missouri researchers can conduct stem cell research in the state,  
and that all such research is conducted safely and ethically, any stem cell  
research permitted under federal law may be conducted in Missouri, and any stem 
 cell therapies and cures permitted under federal law may be provided to 
patients  in Missouri, subject to the requirements of federal law and only the 
following  additional limitations and requirements:  
(1) No person may clone or attempt to clone a human being.  
(2) No human blastocyst may be produced by fertilization solely for the  
purpose of stem cell research.  
(3) No stem cells may be taken from a human blastocyst more than fourteen  
days after cell division begins; provided, however, that time during which a  
blastocyst is frozen does not count against the fourteen-day limit.  
(4) No person may, for valuable consideration, purchase or sell human  
blastocysts or eggs for stem cell research or stem cell therapies and cures.  
(5) Human blastocysts and eggs obtained for stem cell research or stem cell  
therapies and cures must have been donated with voluntary and informed 
consent,  documented in writing.  
(6) Human embryonic stem cell research may be conducted only by persons that, 
 within 180 days of the effective date of this section or otherwise prior to  
commencement of such research, whichever is later, have  
(a) provided oversight responsibility and approval authority for such  
research to an embryonic stem cell research oversight committee whose 
membership  
includes representatives of the public and medical and scientific experts;  
(b) adopted ethical standards for such research that comply with the  
requirements of this section; and  
(c) obtained a determination from an Institutional Review Board that the  
research complies with all applicable federal statutes and regulations that the 
 
Institutional Review Board is responsible for administering.  
(7) All stem cell research and all stem cell therapies and cures must be  
conducted and provided in accordance with state and local laws of general  
applicability, including but not limited to laws concerning scientific and  
medical 
practices and patient safety and privacy, to the extent that any such  laws do 
not (i) prevent, restrict, obstruct, or discourage any stem cell  research or 
stem cell therapies and cures that are permitted by the provisions  of this 
section other than this subdivision (7) to be conducted or provided, or  (ii) 
create disincentives for any person to engage in or otherwise associate  with 
such research or therapies and cures.  
3. Any person who knowingly and willfully violates in this state subdivision  
(1) of subsection 2 of this section commits a crime and shall be punished by  
imprisonment for a period of up to fifteen years or by the imposition of a 
fine  of up to two hundred fifty thousand dollars, or by both. Any person who  
knowingly and willfully violates in this state subdivisions (2) or (3) of  
subsection 2 of this section commits a crime and shall be punished by  
imprisonment for a period of up to ten years or by the imposition of a fine of  
up to one 
hundred thousand dollars, or by both. A civil action may be brought  against 
any person who knowingly and willfully violates in this state any of  
subdivisions (1) through (6) of subsection 2 of this section, and the state in  
such 
action shall be entitled to a judgment recovering a civil penalty of up to  
fifty thousand dollars per violation, requiring disgorgement of any financial  
profit derived from such violation, and/or enjoining any further such 
violation. 
 The attorney general shall have the exclusive right to bring a civil action 
for  such violation. Venue for such action shall be the county in which the 
alleged  violation occurred.  
4. Each institution, hospital, other entity, or other person conducting human 
 embryonic stem cell research in the state shall (i) prepare an annual report 
 stating the nature of the human embryonic stem cells used in, and the 
purpose  of, the research conducted during the prior calendar year, and 
certifying  
compliance with subdivision (6) of subsection 2 of this section; and (ii) no  
later than June 30 of the subsequent year, make such report available to the  
public and inform the Secretary of State how the public may obtain copies of 
or  otherwise gain access to the report. The report shall not contain private 
or  confidential medical, scientific, or other information. Individuals 
conducting  research at an institution, hospital, or other entity that prepares 
and 
makes  available a report pursuant to this subsection 4 concerning such 
research are  not required to prepare and make available a separate report 
concerning 
that  same research. A civil action may be brought against any institution, 
hospital,  other entity, or other person that fails to prepare or make 
available the report  or inform the Secretary of State how the public may 
obtain 
copies of or  otherwise gain access to the report, and the state in such action 
shall be  entitled as its sole remedy to an affirmative injunction requiring 
such 
 institution, hospital, other entity, or other person to prepare and make  
available the report or inform the Secretary of State how the public may obtain 
 
or otherwise gain access to the report. The attorney general shall have the  
exclusive right to bring a civil action for such violation.  
5. To ensure that no governmental body or official arbitrarily restricts  
funds designated for purposes other than stem cell research or stem cell  
therapies and cures as a means of inhibiting lawful stem cell research or stem  
cell 
therapies and cures, no state or local governmental body or official shall  
eliminate, reduce, deny, or withhold any public funds provided or eligible to 
be 
 provided to a person that (i) lawfully conducts stem cell research or 
provides  stem cell therapies and cures, allows for such research or therapies 
and 
cures  to be conducted or provided on its premises, or is otherwise associated 
with  such research or therapies and cures, but (ii) receives or is eligible 
to  receive such public funds for purposes other than such stem cell-related  
activities, on account of, or otherwise for the purpose of creating  
disincentives for any person to engage in or otherwise associate with, or  
preventing, 
restricting, obstructing, or discouraging, such stem cell-related  activities.  
6. As used in this section, the following terms have the following meanings:  
(1) “Blastocyst” means a small mass of cells that results from cell 
division,  caused either by fertilization or somatic cell nuclear transfer, 
that has 
not  been implanted in a uterus.  
(2) “Clone or attempt to clone a human being” means to implant in a uterus 
or  attempt to implant in a uterus anything other than the product of 
fertilization  of an egg of a human female by a sperm of a human male for the 
purpose 
of  initiating a pregnancy that could result in the creation of a human fetus, 
or  the birth of a human being.  
(3) “Donated” means donated for use in connection either with scientific or 
 
medical research or with medical treatment.  
(4) “Fertilization” means the process whereby an egg of a human female and  
the sperm of a human male form a zygote (i.e., fertilized egg).  
(5) “Human embryonic stem cell research,” also referred to as “early stem 
 
cell research,” means any scientific or medical research involving human stem 
 
cells derived from in vitro fertilization blastocysts or from somatic cell  
nuclear transfer. For purposes of this section, human embryonic stem cell  
research does not include stem cell clinical trials.  
(6) “In vitro fertilization” means fertilization of an egg with a sperm  
outside the body.  
(7) “Institutional Review Board” means a specially constituted review board 
 
established and operating in accordance with federal law as set forth in 42  
U.S.C. 289, 45 C.F.R. Part 46, and any other applicable federal statutes and  
regulations, as amended from time to time.  
(8) “Permitted under federal law” means, as it relates to stem cell 
research 
 and stem cell therapies and cures, any such research, therapies, and cures 
that  are not prohibited under federal law from being conducted or provided,  
regardless of whether federal funds are made available for such activities.  
(9) “Person” means any natural person, corporation, association, 
partnership,  public or private institution, or other legal entity.  
(10) “Private or confidential medical, scientific, or other information”  
means any private or confidential patient, medical, or personnel records or  
matters, intellectual property or work product, whether patentable or not and  
including but not limited to any scientific or technological innovations in  
which an entity or person involved in the research has a proprietary interest,  
prepublication scientific working papers, research, or data, and any other  
matter excepted from disclosure under Chapter 610, RSMo, as amended from time 
to  
time.  
(11) “Solely for the purpose of stem cell research” means producing human  
blastocysts using in vitro fertilization exclusively for stem cell research, 
but  does not include producing any number of human blastocysts for the purpose 
of  treating human infertility.  
(12) “Sperm” means mature spermatozoa or precursor cells such as spermatids 
 
and spermatocytes.  
(13) “Stem cell” means a cell that can divide multiple times and give rise 
to  specialized cells in the body, and includes but is not limited to the stem 
cells  generally referred to as (i) adult stem cells that are found in some 
body  tissues (including but not limited to adult stem cells derived from adult 
body  tissues and from discarded umbilical cords and placentas), and (ii) 
embryonic  stem cells (including but not limited to stem cells derived from in 
vitro  fertilization blastocysts and from cell reprogramming techniques such as 
somatic  cell nuclear transfer).  
(14) “Stem cell clinical trials” means federally regulated clinical trials  
involving stem cells and human subjects designed to develop, or assess or test 
 the efficacy or safety of, medical treatments.  
(15) “Stem cell research” means any scientific or medical research 
involving 
 stem cells. For purposes of this section, stem cell research does not 
include  stem cell clinical trials.  
(16) “Stem cell therapies and cures” means any medical treatment that  
involves or otherwise derives from the use of stem cells, and that is used to  
treat or cure any disease or injury. For purposes of this section, stem cell  
therapies and cures does include stem cell clinical trials.  
(17) “Valuable consideration” means financial gain or advantage, but does 
not  include reimbursement for reasonable costs incurred in connection with the 
 
removal, processing, disposal, preservation, quality control, storage, 
transfer,  or donation of human eggs, sperm, or blastocysts, including lost 
wages of 
the  donor. Valuable consideration also does not include the consideration 
paid to a  donor of human eggs or sperm by a fertilization clinic or sperm 
bank, 
as well as  any other consideration expressly allowed by federal law.  
7. The provisions of this section and of all state and local laws,  
regulations, rules, charters, ordinances, and other governmental actions shall  
be 
construed in favor of the conduct of stem cell research and the provision of  
stem 
cell therapies and cures. No state or local law, regulation, rule, charter,  
ordinance, or other governmental action shall (i) prevent, restrict, obstruct, 
 or discourage any stem cell research or stem cell therapies and cures that 
are  permitted by this section to be conducted or provided, or (ii) create  
disincentives for any person to engage in or otherwise associate with such  
research or therapies and cures.  
8. The provisions of this section are self-executing. All of the provisions  
of this section are severable. If any provision of this section is found by a  
court of competent jurisdiction to be unconstitutional or unconstitutionally  
enacted, the remaining provisions of this section shall be and remain  valid.


 
    *    (http://www.mo.gov/) 



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