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Overview of the California Constitution – Article XXXV

What type of institute is created by the state Constitution?

By Chris Micheli, May 10, 2024 2:30 am

How many sections does Article 35 have? This article contains seven sections.

What does Article 35 relate to? It relates to medical research.

What type of institute is created by the state Constitution? Section 1 establishes the California Institute for Regenerative Medicine.

What is the purpose of this institute? 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.

Are there any limitations on the use of funding? Section 3 prohibits the Institute from using any funds for research involving human reproductive cloning.

Are the funds annually appropriated by the Legislature? 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.

What type of research is authorized? 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.

Is the institute found in state government? Section 6 establishes the Institute in state government and authorizes 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.

How are institute employees classified? Section 7 provides that the Institute and its employees are exempt from civil service.

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