Former State Treasurer David Volk of Sioux Falls recently filed the organizational paperwork for a ballot measure committee known as South Dakotans for Lifesaving Cures. He lists himself as the committee chair and committee treasurer.
The official description of the committee’s purpose states, “To pass an initiative that strengthens the prohibition against human cloning and establish ethical guidelines for other medical research conducted in South Dakota.”
On the form’s line for identifying the ballot measure being supported or opposed, Volk simply entered: “TBD” (as in, to be determined).
An initiated measure on the topic has received review from the Legislative Research Council, but it is not yet circulating for signatures and the text isn’t publicly available.
An attempt by state Sen. Ben Nesselhuf, D-Vermillion, to loosen South Dakota’s restrictions on stem cell activities was defeated during the 2009 session of the Legislature. The legislation was SB 195.
Volk was reached Friday afternoon as he prepared to depart for a major stem-cell research conference in Baltimore, Maryland.
“We are still working on the actual initiative (language),” he said. “It’s essentially amending out the restrictive language on stem cell research and stem cell activities.”
He said he intends to meet in the near future with state Attorney General Marty Jackley. State law requires that the attorney general write the public explanation of an initiated measure.
“We’re going to bypass the Legislature and go right to the ballot in 2010,” Volk said. “This way, it won’t be amended and we can have it the way we want it written.”
Followup: In response to the comment posted by Angus, here is the full text of SB 195 as originally introduced last session by senators Nesselhuf, Adelstein, Nelson, and Turbak Berry and representatives Engels, Blake, Cutler, Dreyer, Hoffman, Hunhoff (Bernie), McLaughlin, and Street. The bill would have repealed the existing law (in legislation, a line through a word is an attempt to remove it from law):
Section 1. That § 34-14-16 be repealed.
34-14-16. No person may knowingly conduct nontherapeutic research that destroys a human embryo. A violation of this section is a Class 1 misdemeanor.
Section 2. That § 34-14-17 be repealed.
34-14-17. No person may knowingly conduct nontherapeutic research that subjects a human embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with the knowledge that the embryo will be subjected to nontherapeutic research. A violation of this section is a Class 1 misdemeanor.
Section 3. That § 34-14-18 be repealed.
34-14-18. No person may use for research purposes cells or tissues that the person knows were obtained by performing the activities described in §§ 34-14-16 and 34-14-17. A violation of this section is a Class 1 misdemeanor.
Section 4. That § 34-14-19 be repealed.
34-14-19. For purposes of §§ 34-14-16 to 34-14-20, inclusive, the term, nontherapeutic research, means research that is not intended to help preserve the life and health of the particular embryo subjected to risk. It does not include in vitro fertilization and accompanying embryo transfer to a woman’s body or any diagnostic test which may assist in the future care of a child subjected to such tests.
Section 5. That § 34-14-20 be repealed.
34-14-20. For purposes of §§ 34-14-16 to 34-14-20, inclusive, the term, human embryo, means a living organism of the species Homo sapiens at the earliest stages of development (including the single-celled stage) that is not located in a woman’s body.
The legislation was significantly amended in the Senate committee. This is the amended version:
Section 1. That § 34-14-18 be repealed.
34-14-18. No person may use for research purposes cells or tissues that the person knows were obtained by performing the activities described in §§ 34-14-16 and 34-14-17. A violation of this section is a Class 1 misdemeanor.
Section 2. That chapter 34-14 be amended by adding thereto a NEW SECTION to read as follows: No human embryonic stem cell research may be conducted unless the stem cell lines used in the research were derived prior to 9:00 p.m. EDT on August 9, 2001, and are listed on the human embryonic stem cell registry established by the National Institutes of Health.
The Senate Judiciary Committee recommended the amended bill 4-3. The full Senate then defeated the bill on a vote of 20-14 against it.
#1 by Angus on September 20, 2009 - 5:14 am
This will be an interesting battle as was the one waged in the Capitol last session. Knowing that there are two distinct types of stem cells and that embryonic stem cells are the only ones in contention among Christian Conservatives we find the classification missing in these articles. Is this a Volk ploy or just and oversight? All major medical discoveries have come from Non-Embryonic stem cells to date yet somehow researchers keep wanting to expand studies over to the embryonic class. The budget though will be the 10,000 lb. gorilla in the room.
#2 by Angus on September 20, 2009 - 10:39 am
Word on the street was one of the signers of SB 195 committed a rookie error by signing on before reading the full bill. This is not likely to happen again given the nature of the 2010 legislative session should be void of rookie moves.