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Article XXXV, California Constitution

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California Constitution
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Article XXXV of the California Constitution is labeled Medical Research. The entire article was added to the constitution in 2004 when Proposition 71, the Stem Cell Research Initiative, was approved.

Section 1

Text of Section 1:

There is hereby established the California Institute for Regenerative Medicine.

Section 2

Text of Section 2:

The institute shall have 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

Text of Section 3:

No funds authorized for, or made available to, the institute shall be used for research involving human reproductive cloning.

Section 4

Text of Section 4:

Funds authorized for, or made available to, the institute shall be continuously appropriated without regard to fiscal year, be available and used only for the purposes provided in this article, and shall not be subject to appropriation or transfer by the Legislature or the Governor for any other purpose.

Section 5

Text of Section 5:

There is hereby established 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. Pluripotent stem cells are cells that are capable of self-renewal, and have broad potential to differentiate into multiple adult cell types. Pluripotent stem cells may be derived from somatic cell nuclear transfer or from surplus products of in vitro fertilization treatments when such products are donated under appropriate informed consent procedures. Progenitor cells are multipotent or precursor cells that are partially differentiated, but retain the ability to divide and give rise to differentiated cells.

Section 6

Text of Section 6:

Notwithstanding any other provision of this Constitution or any law, the institute, which is established in state government, may 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

Text of Section 7:

Notwithstanding any other provision of this Constitution, including Article VII, or any law, the institute and its employees are exempt from civil service.

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