Why are slick lawyers and politicians spending tens of millions of bio-tech research dollars to con Missourians into passing a Constitutional Amendment to grant the right to researchers to research what they already have the right to research?
No law exist which prohibits the ‘research’ being promoted under Amendment 2. Both adult and embryonic stem cell research is already being done across the state.
So – Why is research money being used for a 30,000,000 dollar+ political campaign?
Remember: If Constitutional Amendment 2 fails November 7th – nothing changes! Research will continue – as it already is! (With or without Amendment 2, no cures, patients, or doctors are impacted. No denial of medical care one way or the other.)
WHY DO THEY NEED AMENDMENT 2?
Because current Missouri state statutes prohibit public funding of human cloning!
These laws protect taxpayers. If Missouri citizens want to fund human cloning research they may donate directly to the bio-tech industry through their preferred research facility.
Economically and Politically Powerful Bio-Tech Politicians Cannot Abuse The Power Of Civil Government To Force Citizens To Fund Their Human Cloning Experiments!
Here is what Missouri law says:
1.217. Cloning–use of state funds prohibited, definition.–
No state funds shall be used for research with respect to the cloning of a human person. For purposes of this section, the term “cloning” means the replication of a human person by taking a cell with genetic material and cultivating such cell through the egg, embryo, fetal and newborn stages of development into a new human person.
(Senate Bill 722, adopted 1998)
196.1127. Appropriation to board subject to certain requirements.–
1. The moneys appropriated to the life sciences research board pursuant to sections 196.1100 to 196.1124 shall be subject to the provisions of this section.
2. As used in this section, the following terms shall mean:
(1) “Abortion services” include performing, inducing, or assisting with abortions, as defined in section 188.015, RSMo, or encouraging patients to have abortions, referring patients for abortions not necessary to save the life of the mother, or development of drugs, chemicals, or devices intended to be used to induce an abortion;
(2) “Child”, a human being recognized as a minor pursuant to the laws of this state, including if in vivo, an unborn child as defined in section 188.015, RSMo, and if in vitro, a human being at any of the stages of biological development of an unborn child from conception or inception onward;
“Conception”, the same meaning as such term is defined in section 188.015, RSMo;
(4) “Facilities and administrative costs”, those costs that are incurred for common or joint objectives and therefore cannot be identified readily and specifically with a particular research project or any other institutional activity;
(5) “Human cloning”, the creation of a human being by any means other than by the fertilization of an oocyte of a human female by a sperm of a human male;
(6) “Prohibited human research”, research in a research project in which there is the taking or utilization of the organs, tissues, or cellular material of:
(a) A deceased child, unless consent is given by the parents in a manner provided in sections 194.210 to 194.290, RSMo, relating to anatomical gifts, and neither parent caused the death of such child or consented to another person causing the death of such child;
(b) A living child, when the intended or likely result of such taking or utilization is to kill or cause harm to the health, safety, or welfare of such child, or when the purpose is to target such child for possible destruction in the future;
(7) “Public funds”, include:
(a) Any moneys received or controlled by the state of Missouri or any official, department, division, agency, or political subdivision thereof, including but not limited to moneys derived from federal, state, or local taxes, gifts, or grants from any source, settlements of any claims or causes of action, public or private, bond proceeds, federal grants or payments, or intergovernmental transfers;
(b) Any moneys received or controlled by an official, department, division, or agency of state government or any political subdivision thereof, or to any person or entity pursuant to appropriation by the general assembly or governing body of any political subdivision of this state;
(8) “Research project”, research proposed to be funded by an award of public funds conducted under the auspices of the entity or entities that applied for and received such award, regardless of whether the research is funded in whole or in part by such award. Such research shall include basic research, including the discovery of new knowledge; translational research, including translational knowledge in a usable form; and clinical research, including but not limited to health research in human development and aging, cancer, endocrine, cardiovascular, neurological, pulmonary, and infectious disease.
3. Public funds shall not be expended, paid, or granted to or on behalf of an existing or proposed research project that involves abortion services, human cloning, or prohibited human research. A research project that receives an award of public funds shall not share costs with another research project, person, or entity not eligible to receive public funds pursuant to this subsection; provided that a research project that receives an award of public funds may pay a pro rata share of facilities and administrative costs determined in the award of public funds according to standards that ensure that public funds do not in any way subsidize facilities and administrative costs of other research projects, persons, or entities not eligible to receive public funds pursuant to this subsection. The application for an award of public funds shall set forth the proposed rates of pro rata cost reimbursement and shall provide supporting data and rationale for such rates. All applicants for and recipients of awards of public funds shall comply with the cost accounting principles set forth in Part 9905 of Title 48 of the Code of Federal Regulations, or successor regulations, in connection with the application for and administration of the research project. All moneys derived from an award of public funds shall be expended only by checks, drafts, or electronic transfers using a separate accounting process maintained for each research project. No moneys derived from an award of public funds shall be used to cover costs for any other research project or to any other person or entity. No moneys derived from an award of public funds shall be passed through to any other research project, person, or entity unless included in the original application for the award of public funds or in subsequent amendments or requests to use separate contractors. A research project that receives an award of public funds shall maintain financial records that demonstrate strict compliance with this subsection. Any audit conducted pursuant to any grant or contract awarding public funds shall also certify whether there is compliance with this subsection and shall note any noncompliance as a material audit finding.
4. The provisions of this section shall inure to the benefit of all residents of this state. Any taxpayer of this state or any political subdivision of this state shall have standing to bring suit against the state of Missouri or any official, department, division, agency, or political subdivision of this state, and any recipient of public funds who or which is in violation of this subsection in any circuit court with jurisdiction to enforce the provisions of this section.
5. This section shall not be construed to permit or make lawful any conduct that is otherwise unlawful pursuant to the laws of this state.
6. Any provision of this section is not severable from any appropriation subject to this section or any application declared by any court to be subject to this section. If any provision of this section is found to be invalid or unconstitutional, any appropriation subject to this section or any appropriation declared by any court to be subject to this section shall be void, invalid, and unenforceable.
(House Bill 688, adopted 2003)
These laws are a primary motive behind Constitutional Amendment 2! Amendment 2 voids these current state statutes!
Constitutional Amendment 2
Public Funding Provisions
Knitted throughout the 2,000+ words of the actual proposal to be added to your State Constitution are the following three paragraphs!
(Underlined emphasis added.)
Section 38(d). 1. (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.
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.
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.
Public Funding IS Required!
If adopted, the amended Missouri Constitution Article III, Section 38(d). 1. (7) and Section 38(d). 7. both trump state statutory laws requiring public funding from the perspective of the “discouragement” and/or “disincentive” created by the Legislature’s mere failure to fund! Section 38(d). 5. will mandate indirect funding, at the least and without question.
In other words, even if every attorney who has reviewed and agree with the analysis that the above mentioned sections require public funding is wrong – this provision would allow the multi-billion dollar bio-tech industry to shift dollar-for-dollar every public penny it receives for legitimate purposes into human cloning and embryonic stem cell research in which human embryos (in vitro and SCNT clones) are destroyed in the name of commercial research!
Please Vote NO on Amendment 2!