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2005 SESSION


CHAPTER 696
An Act to amend the Code of Virginia by adding in Title 23 a chapter numbered 22.1, consisting of sections numbered 23-286.1 and 23-286.2, relating to the Christopher Reeve Stem Cell Research Fund.
[S 1194]
Approved March 23, 2005
 

Whereas, following a tragic injury, Christopher Reeve demonstrated great courage and strength and served as a heroic example to other paralyzed individuals and to the world; and

Whereas, throughout his ordeal, Christopher Reeve championed stem cell research and held out hope that the paralysis caused by his spinal cord injury could be cured; and

Whereas, in August 2001, President Bush determined that federal funding for stem cell research would be limited to the embryonic cell lines that had previously been created; and

Whereas, the United States preeminence as a research leader is being challenged as a result of these limitations and, in other states, notably California, state support for stem cell research is being initiated; and

Whereas, the chairman of the oversight committee for the California Institute for Regenerative Medicine, Robert Klein, has been quoted as describing the newly established institute as the "first step in changing the face of human suffering forever"; now, therefore,

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Title 23 a chapter numbered 22.1, consisting of sections numbered 23-286.1 and 23-286.2, as follows:

CHAPTER 22.1.
Christopher Reeve Stem Cell Research Fund.

§ 23-286.1. Christopher Reeve Stem Cell Research Fund.

A. From such funds as may be appropriated by the General Assembly and any gifts, grants, or donations from public or private sources, there is hereby created in the state treasury a special, nonreverting, revolving and permanent fund, to be known as the Christopher Reeve Stem Cell Research Fund (the Fund). The Fund shall be established in the books of the State Comptroller and shall be administered by the Commonwealth Health Research Board, the independent body created in Chapter 22 (§ 23-277 et seq.). Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund at the end of each fiscal year, including interest thereon, shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund, which may consist of grants, donations, or other assistance, shall be made by the State Treasurer on warrants issued by the Comptroller upon written request bearing the signature of the chairman or the vice chairman of the Commonwealth Health Research Board.

B. Moneys in the Fund shall be used solely to support medical and biomedical stem cell research conducted in Virginia institutions of higher education that relates to the causes and cures of disease, including, but not limited to, paralysis caused by spinal cord injury, diabetes, cancer, heart disease, and neurological disorders, such as amyotrophic lateral sclerosis (Lou Gehrig's disease) and multiple sclerosis.

C. The grants, donations, or other assistance provided hereunder shall be awarded in accordance with the Commonwealth Health Research Board's specific criteria and procedures, requirements for submission of research proposals, and evaluation mechanisms established pursuant to Chapter 22 (§ 23-277 et seq.). However, no requirement for matching funds shall apply to the grants, donations, or other assistance awarded pursuant to the Christopher Reeve Stem Cell Research Fund and the leveraging of funds shall be incidental to the support provided under this section. The grants, donations, or other assistance provided hereunder may be awarded to support stem cell research that is not eligible for federal research funds through the National Institutes of Health. No moneys from the Fund may be provided to any entity that conducts human stem cell research from stem cells obtained from human embryos, or for conducting such research; however, research conducted using stem cells other than embryonic stem cells may be funded.

§ 23-286.2. Duties of the Commonwealth Health Research Board vis-à-vis the Fund.

In addition to the duties conferred on the Commonwealth Health Research Board pursuant to Chapter 22 (§ 23-277 et seq.), the Board shall administer and implement the Christopher Reeve Stem Cell Research Fund in accordance with the provisions of this chapter and, except where otherwise required, the provisions of its originating chapter.