BILL NUMBER: ACR 74 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 26, 2010
INTRODUCED BY Assembly Member Portantino
MAY 18, 2009
Relative to the treatment of animals
umbilical cord blood banking .
LEGISLATIVE COUNSEL'S DIGEST
ACR 74, as amended, Portantino. Animal shelters: No Kill
movement policies. Umbilical cord blood banking.
This measure would state that the Legislature desires to find ways
to help California gain a viable public umbilical cord blood banking
system to ensure all races and ethnicities have an equal probability
of finding a match when medically necessary. This measure would also
specify that the Legislature supports related research being done
with collected units that are not suitable for transplantation.
This measure would urge local animal services agencies, local
animal shelters, agencies under contract to provide animal services,
societies for the prevention of cruelty to animals, and humane
societies to embrace the philosophy of the No Kill movement and
implement its programs and services aimed at ending the mass killing
of sheltered animals.
Fiscal committee: no.
WHEREAS, Since the first umbilical cord blood transplant in
1988, the industry of collecting umbilical cord blood for public or
private use has grown rapidly both as a treatment for over 70 medical
conditions and as an industry of biological insurance; and
WHEREAS, Even with the industry's rapid growth and umbilical
cord blood's current use to treat blood cancers, such as leukemia,
myeloma, and lymphoma, and more than 70 inherited immunodeficiencies
and other genetic and acquired blood diseases, including sickle cell
anemia, thalassemias, hemoglobinopathies, aplastic anemias, and
marrow failure disorders, and inherited disorders or errors of
metabolism, the public is largely unaware of the critical differences
between public umbilical cord blood banking and private umbilical
cord blood banking systems; and
WHEREAS, Umbilical cord blood can be collected privately for
any consumer who wishes to pay for both collection and storage. The
private umbilical cord blood banking industry is entirely supported
by consumers who pay about $2,000 to collect, and $200 annually to
store, their families' umbilical cord blood. Private banks do not
charge consumers for release of their umbilical cord blood and any
decision regarding the use of the unit is up to the donor or the
donor's family; and
WHEREAS, Consumers are informed that banking their families'
umbilical cord blood may be clinically useful for their future
medical needs, but since most transplants do not involve privately
banked umbilical cord blood, some medical organizations recommend
against private umbilical cord banking unless there are clear medical
reasons for its use; and
WHEREAS, The exploration of umbilical cord blood's capacity
to cure is in its early stages, but since there is a strong
likelihood that the use of one's own stem cells, specifically in
regenerative medicine, will increase, the future of this incredible
potential supports private umbilical cord blood banking as a prudent
choice for those who can afford it; and
WHEREAS, Over the last 20 years, transplant physicians chose
family banks to transplant perfectly matched siblings. Recently,
neurological disorders, such as cerebral palsy and other injuries to
the brain, are being treated with the donor's own stem cells, and
there are clinical trials approved by the United States Food and Drug
Administration (FDA) to evaluate the use of a child's own umbilical
cord blood in regenerative therapies for diseases and conditions that
could not previously be treated, such as juvenile diabetes. These
indicate many future cures may come from autologous cells using the
patient's own immune system; and
WHEREAS, The private banking industry has been largely
responsible for the public's current knowledge of umbilical cord
blood banking and has been a consistent advocate of disseminating
information about umbilical cord blood banking to pregnant women and
their families; and
WHEREAS, The trend of disseminating information about
umbilical cord blood banking culminated in California with the
enactment of Senate Bill 1555 (Chapter 484 of the Statutes of 2006)
that authorizes distribution of information to families about
umbilical cord blood banking; and
WHEREAS, Several other states passed similar laws around the
same time as the enactment of Senate Bill 1555; and
WHEREAS, In 2007, the California Legislature shifted its
focus from disseminating information about umbilical cord blood
banking to taking measures to ensure all races and ethnicities of all
incomes have an equal probability of finding a suitable match on
public umbilical cord blood registries; and
WHEREAS, Umbilical cord blood collected for public use is in
high demand; and
WHEREAS, The collection and storage of umbilical cord blood
for public use is free of charge to the donor and listed on public
registries for access by health providers for transplantation; and
WHEREAS, Public umbilical cord blood banks have been chosen
by transplanting physicians to provide stem cell units for
approximately 95 percent of the 20,000 transplants performed to date;
and
WHEREAS, Since the probability of finding a tissue match is
greatest among persons of similar genetic backgrounds and the current
inventory is deficient of genetically diverse umbilical cord blood,
especially from specific ethnic, racial, and multiracial individuals,
collection efforts are aimed directly at underrepresented groups;
and
WHEREAS, Since only about one-third of collected umbilical
cord blood is usable for transplantation, the remaining units should
be provided to research institutions exploring the potential of
umbilical cord blood stem cells to treat many debilitating and lethal
medical conditions; and
WHEREAS, The public umbilical cord blood banking system needs
financial support to ensure inventories can provide all ethnic and
racial groups with an equal probability of a match. Since public
umbilical cord blood systems do not charge donors, funds do not flow
until units are released to transplanting health providers, at a cost
of about $20,000 to $25,000 per unit. However, the current low
inventory means the number of matches are limited, and this system
under which payment is made after a match is found makes it difficult
for public banks to generate enough capital to fund significant
increases in the inventory without outside support; and
WHEREAS, The federal government enacted the Stem Cell
Therapeutic and Research Act of 2005 to collect and maintain
umbilical cord blood for public use in transplantation and research.
To help in this effort, Assembly Bill 34 (Chapter 516 of the Statutes
of 2007) was enacted to create a public banking infrastructure in
California that adds genetically diverse umbilical cord blood units
to the national public inventory to ensure Californians, who are
ethnically and genetically diverse, have their ethnic and genetic
diversity reflected in the inventory. The more the inventory mirrors
the genetic makeup of our state's population, the greater the chance
our constituents will find a match when they are in need; and
WHEREAS, These actions changed California's focus from being
about disseminating information about umbilical cord blood banking to
funding efforts that would collect and store umbilical cord blood
for public use; and
WHEREAS, Since almost half the births in California are to
mothers enrolled in state-funded programs who cannot afford to bank
privately, their only option is public banking; and
WHEREAS, The National Marrow Donor Program, in a recent plea
to states to help increase the national umbilical cord blood public
inventory, stated the following:
(1) States can help expand the number of publicly available
umbilical cord blood units by appropriating additional resources for
the collection and storage of units.
(2) Many states are currently passing legislation that mandates
public awareness campaigns or development of educational materials,
or both. These efforts can create a demand that cannot be met in many
areas and they do little to expand the national public umbilical
cord blood inventory; and
WHEREAS, The future of medicine that relies on umbilical cord
blood stem cells will likely require both public and private family
umbilical cord blood banking systems and collaborations between the
two systems. However, without building a viable public banking
system, these joint ventures will not be realized and many
Californians will be unable to access the benefits of current and
future health remedies umbilical cord blood does and will provide;
now, therefore, be it
Resolved by the Assembly of the State of California, the
Senate thereof concurring, That the Legislature desires to find ways
to help California gain a viable public umbilical cord blood banking
system to ensure all races and ethnicities have an equal probability
of finding a match when medically necessary; and be it further
Resolved, That the Legislature supports related research
being done with collected units that are not suitable for
transplantation; and be it further
Resolved, That the Chief Clerk of the Assembly transmit
copies of this resolution to the State Department of Public Health
and the California Institute for Regenerative Medicine.
WHEREAS, Societies for the prevention of cruelty to animals,
animal shelters, and other humane organizations were formed to
establish standards for humane treatment of animals and to protect
them from harm; and
WHEREAS, Traditional sheltering practices allow the mass killing
of sheltered animals; and
WHEREAS, Every year animal shelters in California are killing
thousands of healthy and treatable animals that could be placed in
homes and thousands of feral cats that do not belong in animal
shelters; and
WHEREAS, Citizens have a right to expect animal protection
organizations, animal services agencies, animal shelters, agencies
under contract to provide local animal services, societies for the
prevention of cruelty to animals, and humane societies to do
everything in their power to promote, protect, and advocate for the
lives of animals; and
WHEREAS, Citizens have a right to have their government spend
their tax dollars not on programs and services that kill animals but
on those that save and enhance the lives of animals and protect
animals from cruelty; and
WHEREAS, Citizens have the right to full and complete disclosure
about how animal shelters operate; and
WHEREAS, The No Kill movement in the United States has
successfully implemented new and innovative programs that provide
alternatives to killing sheltered animals; and
WHEREAS, Under the No Kill animal sheltering method, shelter
directors dedicate themselves and actively commit management and
staff to animal lifesaving programs and policies to promptly end mass
killing of sheltered animals; and
WHEREAS, The No Kill animal sheltering method creates and funds
high-volume, low- and no-cost spay or neuter services; and
WHEREAS, The No Kill animal sheltering method incorporates the
following animal lifesaving programs and policies:
(a) Volunteer foster care network programs to care for sheltered
animals that are underaged, traumatized, sick, injured, or otherwise
in need of refuge, unless the prognosis for rehabilitation of that
individual animal is poor or grave.
(b) Comprehensive adoption programs that operate during weekend
and evening hours and include offsite adoption venues.
(c) Medical and behavioral rehabilitation programs, which may
include the creation of a special public monetary fund, that allow
outside veterinarians to do voluntary rotations to supplement staff,
provide medical help, diagnose, vaccinate, and administer medication
and treatment.
(d) Pet retention programs to solve medical, environmental, or
behavioral problems, which include, but are not limited to,
shelter-housed pet care libraries, free in-home dog behavior problem
solving taught by volunteers, low-cost or volunteer-provided dog
training, and pet behavior classes.
(e) Multilingual public education and awareness programs.
(f) Feral cat trap-neuter-return or release (TNR) programs for the
purposes of ending the policy of accepting trapped feral cats to be
destroyed as unadoptable, and establishing TNR as the accepted method
of feral cat control by educating the public about TNR and offering
TNR program services.
(g) Animal socialization programs using community volunteers.
(h) Volunteer programs to socialize animals, promote adoptions,
and assist in shelter operations.
(i) Voluntary animal training programs offered to government
controlled shelters by dog and cat breed clubs, certified training
groups, or animal trainers.
(j) Government-employed animal shelter staff participation in
breed identification training.
(k) Creation and maintenance of a directory of local nonprofit
rescue groups.
(l) Prekilling notification to rescue groups before animals are
killed.
(m) Rescue group access to sheltered animals during normal
business hours for the purpose of identification, adoption, or advice
on the treatment of their breed.
(n) Adoption or release of animals to rescue organizations for
rehoming.
(o) Documentation that all efforts to save an animal have been
considered before killing the animal, including medical and
behavioral rehabilitation, foster care, rescue groups, neuter and
release, and adoption.
(p) Killing an animal only after the shelter has made an
independent determination that the animal is irremediably suffering
or cannot be rehabilitated.
(q) Temperament testing by persons trained in animal behavior
sciences which results in less killing of animals that are not truly
vicious but can be placed in homes or released, such as shy, timid,
or frightened animals.
(r) Owner counseling on owner-requested killing of animals to
ascertain if there is an alternative that will allow the owner to
keep the animal and to determine whether the animal can be rehomed.
(s) Examination of animal control ordinances, such as cat
licensing, pet limit laws, bans on feeding stray animals, bans on
specific breeds, and mandatory spay and neuter programs, to assess
the effectiveness of those ordinances and their impact on animal
death rates; and
WHEREAS, The Legislature believes animal lifesaving changes will
come about if No Kill programs are embraced and further developed;
now, therefore, be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature encourages No Kill animal
shelter policies and procedures as the foundation for animal
sheltering; and be it further
Resolved, That the Legislature urges all local animal services
agencies, local animal shelters, agencies under contract to provide
animal services, societies for the prevention of cruelty to animals,
and humane societies to embrace the philosophy of the No Kill
movement, and to immediately begin implementing programs and services
to reject failed kill-oriented policies and end the mass killing of
sheltered animals; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution.