House Bill 2801

                  Ordered by the House June 18

       Including House Amendments dated May 7 and June 18

 Sponsored by Representatives GALIZIO, GREENLICK; Representatives

  BARKER, BARNHART, BERGER, BOONE, BUCKLEY, CANNON, CLEM, COWAN,

  D EDWARDS, GELSER, HOLVEY, HUNT, JENSON, MACPHERSON, MERKLEY,

  NOLAN, READ, ROBLAN, ROSENBAUM, SCHAUFLER, SHIELDS, TOMEI,

  WITT, Senator BATES

                              SUMMARY

 The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to

consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure.

   Establishes Human Stem Cell Research Committee in Department of Human Services. Requires committee to develop guidelines for

research involving derivation or use of human stem cells. Instructs committee to report guidelines developed to Legislative

Assembly, Governor and Oregon Health and Science University.  Establishes Human Stem Cell Research Grant Fund. Authorizes

committee to seek private and public contributions for purpose of funding research grants from fund. Continuously appropriates

moneys in fund to   { - committee - }   { + Department of Human Services + } for purposes of Act. { +  Appropriates moneys from

General Fund to department to provide administrative support to committee. + }  Imposes penalties for failure to obtain written informed

consent from donor prior to donation and use of human egg or sperm cell for research. Directs committee to study nature of

informed consent provided and to make recommendations to Governor, Legislative Assembly and Oregon Health and Science

University.   { +  Declares emergency, effective July 1, 2007. + } 

                        A BILL FOR AN ACT

Relating to stem cell research; appropriating money; and declaring an emergency.

  Whereas an estimated 128 million Americans suffer from chronic, degenerative and acute diseases, including diabetes, Alzheimer's

disease, cancer, Huntington's disease, Parkinson's disease, heart disease and spinal cord injury; and

  Whereas the crippling economic and psychological burdens of such diseases result in billions of dollars every year in costs

of treatment and lost productivity as well as extreme human loss and emotional suffering; and

  Whereas stem cell research offers immense promise for developing new medical therapies for these debilitating diseases

 and a critical means to explore fundamental questions of biology; and

  Whereas stem cell research could lead to unprecedented treatments and potential cures for diabetes, Alzheimer's disease,

cancer, Huntington's disease, Parkinson's disease, heart disease, spinal cord injury and other diseases; and

  Whereas Oregon is home to a large medical research institution and an expanding biomedical research industry; and

  Whereas these organizations are committed to improving the lives of Americans suffering from chronic, degenerative and acute

diseases; and   Whereas encouraging stem cell research is essential to realizing the promise of stem cell research and will promote

advances in other areas of biomedical research; and   Whereas several states have supported policies and institutions

in partnership with the biomedical research industry to promote and advance stem cell research; and

  Whereas Oregon must demonstrate a similar commitment to these initiatives in order to reaffirm itself as a leader in this area

of biomedical research; and   Whereas stem cell research, including the use of stem cells for

medical research, raises significant ethical concerns that must be balanced with medical considerations; and

  Whereas while stem cell research holds enormous potential for treating or even curing some diseases, the reproductive cloning

of human beings is morally and ethically unacceptable; and   Whereas the reproductive cloning of human beings poses grave

health risks to any child who may be produced in this manner; and   Whereas any attempt to clone a human being is in direct

conflict with the policies of this state; now, therefore, Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + As used in this section and sections 2, 3, 4, 5 and 8 of this 2007 Act:

  (1) 'Blastocyst' means a preimplantation embryo consisting of approximately 150 cells that are organized into an inner and

outer cell layer surrounding a fluid-filled cavity. The inner layer, from which embryonic stem cells are derived, consists of

undifferentiated cells that have the potential to become any type of cell in the human body.

  (2) 'Human somatic cell' means a diploid cell obtained or derived from a living or deceased human at any stage of

development.

  (3) 'Oocyte' means an unfertilized human ovum.

  (4) 'Somatic cell nuclear transfer' means a technique in which the nucleus of an oocyte is replaced with the nucleus of a

donated human somatic cell and stimulated to divide until it reaches the blastocyst stage. + }

  SECTION 2.  { + (1) The Human Stem Cell Research Committee is created in the Department of Human Services. The committee shall

consist of 13 members appointed by the Governor.

  (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the

expiration of the term of a member, the Governor shall appoint a successor, whose term begins upon the expiration of the term of

the current member. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an

appointment to become immediately effective for the unexpired term.

  (3) The Governor may consider persons recommended for appointment by the Oregon Health and Science University and the

biomedical research community. The committee shall include the following members:

  (a) Seven scientists with experience in biomedical research in the fields of cell differentiation, nuclear reprogramming, tissue

formation and regeneration, stem cell biology, developmental biology or regenerative medicine or related fields;

  (b) Two medical ethicists;

  (c) Two persons with backgrounds in legal issues related to human stem cell research, in vitro fertilization or family law,

as it applies to the donation of blastocysts and oocytes; and

  (d) Two members of the public.

  (4) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and

with duties and powers necessary for the performance of the functions of such offices as the committee determines.

  (5) A majority of the members of the committee constitutes a quorum for the transaction of business.

  (6) The committee shall meet at least once every three months at a place, day and hour determined by the chairperson of the

committee. The committee may also meet at other times and places specified by the call of the chairperson or of a majority of the

members of the committee.

  (7) A member of the committee is entitled to compensation and expenses as provided in ORS 292.495.

  (8) In accordance with applicable provisions of ORS chapter 183, the committee may adopt rules necessary for carrying out the

provisions of sections 3 and 4 of this 2007 Act.

  (9) The Department of Human Services shall provide administrative support to the committee. + }

  SECTION 3.  { + (1) The Human Stem Cell Research Committee shall develop guidelines for research involving the derivation or

use of human stem cells in Oregon. The guidelines shall address the balance between the state policy of promoting research

involving the derivation of human stem cells, by any method, including somatic cell nuclear transfer, and the ethical

considerations that arise with such research. After adoption of the initial guidelines, the committee may revise the guidelines

or issue advisory opinions, as necessary, to account for developments in research and medicine as they may affect the

research and ethical considerations associated with the use of human stem cells.

  (2) In developing the guidelines, the committee may consider other applicable guidelines developed or used in the United

States and in other countries, including the guidelines for research using human pluripotent stem cells developed by the

National Institutes of Health.

  (3) The committee shall report the guidelines developed to the Governor, to the Legislative Assembly in the manner provided for

in ORS 192.245 and to the Oregon Health and Science University. + }

  SECTION 4.  { + (1) The Human Stem Cell Research Committee may solicit, receive and review applications from public and private

agencies, organizations and research institutions for grants from the Human Stem Cell Research Grant Fund created under section 5

of this 2007 Act to conduct research programs in this state that focus on the development of the treatment of debilitating

diseases and spinal cord injuries.

  (2) After review of a grant application, the committee shall grant approval of the application and direct the Department of

Human Services to disburse moneys from the Human Stem Cell Research Grant Fund if the application meets the criteria

established by the committee and if money exists in the fund.

  (3) The committee may solicit contributions to the fund from public and private sources.

  (4) The committee shall provide the Governor and the

Legislative Assembly with a biennial report no later than January

31 of each odd-numbered year that summarizes the status of funds granted for stem cell research and the progress of the committee

in encouraging stem cell research. + }

  SECTION 5.  { + (1) The Human Stem Cell Research Grant Fund is established separate and distinct from the General Fund. Moneys

received from contributions to the fund, from public and private sources, by the Human Stem Cell Research Committee shall be

deposited into the State Treasury and credited to the Human Stem Cell Research Grant Fund.

  (2) Interest earned by the Human Stem Cell Research Grant Fund shall be credited to the fund.

  (3) All moneys in the Human Stem Cell Research Grant Fund are continuously appropriated to the Department of Human Services for

the purposes of sections 2, 3, 4, 5, 7 and 8 of this 2007 Act. + }

  SECTION 6.  { + Notwithstanding the term of office specified by section 2 of this 2007 Act, of the members first appointed to

the Human Stem Cell Research Committee:

  (1) Six shall serve for terms ending January 1, 2010.

  (2) Seven shall serve for terms ending January 1, 2011. + }

  SECTION 7.  { + (1) The Human Stem Cell Research Committee shall study the nature of informed consent that should be

provided in conjunction with human stem cell research funded under section 4 of this 2007 Act.

  (2) The committee shall make recommendations about the nature of and method for providing informed consent to the Governor, to

the Legislative Assembly in the manner provided in ORS 192.245 and to the Oregon Health and Science University by April 1,

2009. + }

  SECTION 8.  { + A person may not use human eggs or human sperm that have been donated for purposes of assisted reproduction to

create human stem cells for use in research without obtaining the written informed consent of the donor to use the eggs or sperm

for research purposes. + }

  SECTION 9.  { + (1) In addition to any other penalty imposed by law, the Department of Human Services may impose a civil penalty

on any person for violation of section 8 of this 2007 Act. The civil penalty imposed under this subsection may not exceed

$10,000 for each violation. 

  (2) Civil penalties imposed under this subsection shall be imposed in the manner provided by ORS 183.745.

  (3) Penalties collected under this section shall be deposited in the Human Stem Cell Research Grant Fund established under

section 5 of this 2007 Act. + }

  SECTION 10.  { + The Department of Human Services may adopt rules necessary to implement the provisions of sections 7 and 8

of this 2007 Act. + }

  SECTION 11.  { + Sections 4, 8 and 9 of this 2007 Act become operative on July 1, 2009. + }

  SECTION 12.  { + The Human Stem Cell Research Committee shall develop the guidelines under section 3 of this 2007 Act by April

1, 2009. + }

  SECTION 13.  { + There is appropriated to the Department of Human Services, for the biennium beginning July 1, 2007, out of

the General Fund, the amount of $159,366 for the purpose of providing administrative support under section 2 of this 2007

Act. + }

  SECTION 14.  { + This 2007 Act being necessary for the immediate preservation of the public peace, health and safety, an

emergency is declared to exist, and this 2007 Act takes effect July 1, 2007. + }

Don Reed
www,stemcellbattles.com