BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SJR 7
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          Date of Hearing:   June 23, 2009

                            ASSEMBLY COMMITTEE ON HEALTH
                                  Dave Jones, Chair
                  SJR 7 (Lowenthal) - As Introduced:  April 20, 2009

           SENATE VOTE :   36-0
           
          SUBJECT  :   Pancreatic cancer.

           SUMMARY  :   Urges the President and the Congress of the United  
          States (U.S.) to expand federally funded research efforts aimed  
          at developing a reliable means of detecting pancreatic cancer in  
          its early stages and more effective means of treatment, through  
          legislative measures, such as H.R. 745.  Specifically,  this  
          resolution  :   

          1)Makes the following legislative findings and declarations:

             a)   Approximately 38,000 Americans, including an estimated  
               3,625 Californians, will be diagnosed with pancreatic  
               cancer this year;

             b)   Seventy-five percent of pancreatic cancer patients die  
               within the first year of their diagnosis, and 95% die  
               within five years, making pancreatic cancer the deadliest  
               of any cancer;

             c)   Pancreatic cancer is the fourth most common cause of  
               cancer death in the U.S., with an estimated 3,380  
               Californians expected to die from pancreatic cancer in  
               2009;

             d)   There has been no significant improvement in pancreatic  
               cancer survival rates in over 30 years, and pancreatic  
               cancer research is still in the earliest scientific stages;

             e)   There are no early detection methods and minimal  
               treatment options for pancreatic cancer; 

             f)   The incidence rate of pancreatic cancer is 40% to 50%  
               higher in African Americans than in other ethnic groups,  
               with Jews of Ashkenazi descent also at an increased genetic  
               risk; 









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             g)   Pancreatic cancer has struck such notable figures as  
               Justice Ruth Bader Ginsberg, Patrick Swayze, Dr. Randy  
               Pausch, and Luciano Pavarotti;

             h)   Pancreatic cancer research constitutes less than 2% of  
               the National Cancer Institute's (NCI's) federal research  
               funding, a figure far too low given the severity of the  
               disease, its mortality rate, and how little is known about  
               how to arrest it;

             i)   There is a critical need to support research that  
               identifies new methods of detecting and treating pancreatic  
               cancer; and,

             j)   H.R. 745 was introduced in the U.S. House of  
               Representatives by California Congresswoman Anna Eshoo to  
               require the establishment of a Pancreatic Cancer Initiative  
               and an Interdisciplinary Pancreatic Cancer Coordinating  
               Committee to, among other things, provide advice on overall  
               research objectives and benchmarks for pancreatic cancer  
               research.

          2)Urges the California Legislature, the President and Congress  
            of the U.S. to expand federally funded research efforts aimed  
            at developing a reliable means of detecting pancreatic cancer  
            in its early stages and more effective means of treatment,  
            through legislative measures, such as H.R. 745.

          3)Resolves that the Secretary of the California State Senate  
            transmit copies of this resolution to the President and Vice  
            President, to the Speaker of the U.S. House of  
            Representatives, to each U.S. Senator and Representative from  
            California in the Congress, and to the directors of the  
            National Institutes of Health (NIH) and NCI.

           EXISTING LAW  :

          1)Establishes the Ken Maddy California Cancer Registry, which  
            requires the Director of the California Department of Public  
            Health (DPH) to establish a statewide system for the  
            collection of information determining the incidence of cancer,  
            using population-based cancer registries. 

          2)Requires the University of California (UC) to establish and  
            administer the Breast Cancer Research Program as a  








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            comprehensive grant and contract program to support research  
            efforts into the cause, cure, treatment, earlier detection,  
            and prevention of breast cancer.

           FISCAL EFFECT  :   None

           COMMENTS  :    

           1)PURPOSE OF THIS RESOLUTION  .  According to the sponsors of this  
            resolution, the Pancreatic Cancer Action Network, pancreatic  
            cancer is one of the few cancers for which survival has not  
            improved substantially over the past 30 years.  As the most  
            lethal form of cancer - 75% of pancreatic cancer patients die  
            within the first year of their diagnosis and only 5% survive  
            more than five years - pancreatic cancer is the fourth leading  
            cause of cancer-related death in the U.S.  The sponsors  
            maintain that the number of people diagnosed with pancreatic  
            cancer in the U.S. and the number of deaths caused by  
            pancreatic cancer are going up and is expected to reach over  
            40,000 nationally within the next few years.  The sponsor  
            argues that available pancreatic cancer early detection and  
            treatment tools for pancreatic cancer today are roughly  
            equivalent to the tools available for breast cancer in the  
            1930s.  By the 1930s, rudimentary surgical methods to remove  
            early breast and pancreatic cancer tumors had been developed.   
            However, according to the sponsor, while mammography was  
            developed by the 1950s, and many effective breast cancer  
            treatments followed, similar early detection and treatment  
            tools for pancreatic cancer still do not exist.  The sponsors  
            maintain that current federal funding levels for pancreatic  
            cancer have rendered scientific progress for this disease  
            fatally slow. 

          According to the sponsors there are a number of factors that  
            make pancreatic cancer research particularly challenging, such  
            as:  a) Pancreatic cancer research has been drastically  
            under-funded and as a result there a relatively few  
            researchers investigating the disease; b) Pancreatic cancer  
            cells are surrounded by tough, dense fibrotic cells that make  
            it extremely difficult for treatments to reach and enter the  
            actual cancer cells; and, c) Pancreatic cancer patients die  
            quickly, making it difficult to include them in clinical  
            trials and/or collect tissue samples.  These challenges,  
            according to the sponsors, are not insurmountable, but require  
            disease specific solutions.  








                                                                 SJR 7
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          2)BACKGROUND  .  According to the MayoClinic, pancreatic cancer  
            begins in the tissues of the pancreas - a large organ that  
            lies horizontally behind the lower part of the stomach.  The  
            pancreas is a crucial part of the digestive system.  It  
            secretes hormones, including insulin, to help the body process  
            sugar.  And, it produces digestive juices to help the body  
            digest food.  Pancreatic cancer occurs when cells in the  
            pancreas develop genetic mutations.  These mutations cause the  
            cells to grow uncontrollably and to continue living after  
            normal cells would die.  These accumulating cells can form a  
            tumor.

          The MayoClinic further states that pancreatic cancer often has a  
            poor prognosis, even when diagnosed early.  Pancreatic cancer  
            typically spreads rapidly and is seldom detected in its early  
            stages, which is a major reason why it's a leading cause of  
            cancer death.  Signs and symptoms of pancreatic cancer often  
            don't occur until the disease is advanced.  When signs and  
            symptoms do appear, they may include: a) Upper abdominal pain  
            that may radiate to the back; b) Jaundice - yellowing of the  
            skin and the whites of the eyes; c) Loss of appetite; d)  
            Weight loss; and, e) Depression.  Risk factors for the disease  
            include: smoking; being overweight; personal or family history  
            of chronic inflammation of the pancreas (pancreatitis);  
            personal or family history; family history of genetic  
            syndromes that increase cancer risk, including a BRCA2 gene  
            mutation, Peutz-Jeghers syndrome, Lynch syndrome and familial  
            atypical mole-malignant melanoma; older age - pancreatic  
            cancer occurs most often in older adults.  Most people  
            diagnosed with pancreatic cancer are in their 70s and 80s;  
            and, finally pancreatic cancer occurs more frequently in  
            blacks than in whites.
           
          3)NCI FUNDING  .  The NCI is the federal government agency that  
            supports and conducts research in cancer biology, causation,  
            prevention, detection, treatment, and survivorship.  Federal  
            funding for pancreatic cancer research totaled $87.3 million  
            in fiscal year 2008 (FY 08), the latest year for which NCI  
            statistics are available.  This means that 1.81% of NCI's  
            $4.828 billion dollar budget is spent on research discoveries  
            for the 4th deadliest cancer.  The following chart shows  
            funding in millions for the total NCI budget, and funding for  
            the top five cancer killers:
           








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               ----------------------------------------------------------- 
              |        |   FY    |   FY    |   FY    |   FY    |% in 2008 |
              |        |  2004   |  2005   |  2006   |  2008   |    of    |
              |        |         |         |         |         |total NCI |
              |        |         |         |         |         |  Budget  |
              |--------+---------+---------+---------+---------+----------|
              |Disease | Actual  | Actual  | Actual  | Actual  |          |
              |        |         |         |         |         |          |
              |Area    |         |         |         |         |          |
              |--------+---------+---------+---------+---------+----------|
              |Total   | $4,723.9| $4,794.7| $4,792.6| $4,827.6|          |
              |NCI     |         |         |         |         |          |
              |Budget  |         |         |         |         |          |
              |--------+---------+---------+---------+---------+----------|
              |Breast  |   $566.2|   $560.1|   $584.7|   $572.4|    11.85%|
              |--------+---------+---------+---------+---------+----------|
              |Colon   |   $262.0|   $253.1|   $244.1|   $258.4|     5.35%|
              |--------+---------+---------+---------+---------+----------|
              |Lung    |   $276.5|   $266.1|   $242.9|   $226.9|    4.7  %|
              |--------+---------+---------+---------+---------+----------|
              |Prostate|   $308.5|   $309.0|   $293.2|   $296.1|     6.13%|
              |        |         |         |         |         |          |
              |--------+---------+---------+---------+---------+----------|
              |Pancreat|  $  52.7|  $  66.7|  $  74.2|  $  73.3|1.81%     |
              |ic      |         |         |         |         |          |
               ----------------------------------------------------------- 
           4)PANCREATIC CANCER RESEARCH AND EDUCATION ACT  .  The Pancreatic  
            Cancer Research and Education Act (the Act), or H.R. 745, was  
            introduced in the U.S. House of Representatives by California  
            Congresswoman Anna Eshoo to assist in coordinating activities  
            to address the high mortality rate associated with pancreatic  
            cancer. H.R. 745 is based on the National Plan to Advance  
            Pancreatic Cancer Research, a report developed by the  
            Pancreatic Cancer Action Network.  Key components of the Act  
            include:  a) Launching a pancreatic cancer research initiative  
            which would be established by the Secretary of the Department  
            of Health and Human Services in consultation with the  
            Directors of the NIH, NCI and the Centers for Disease Control  
            and Prevention (CDC) to: a) Provide strategic direction and  
            accountability; b) Establish a five-year grant for a caner  
            research incubator pilot project at the NCI specifically for  
            research into the most deadly cancers.; c) Strengthen and  
            expand Centers of Excellence for Pancreatic Cancer to provide  
            increased opportunities for cancer research; and, d) Promote  








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            physician and public awareness by asking NIH and CDC to work  
            with patient advocacy organizations to develop a primary care  
            provider education program on pancreatic cancer and a  
            communication tool kit for patients.  

          5)SUPPORT  .  According to the sponsors of the bill, the  
            Pancreatic Cancer Action Network, this resolution explains the  
            deadly impact of pancreatic cancer, referencing its impact on  
            Americans in general and Californians in particular.  The  
            sponsors maintain that more significantly, the resolution puts  
            California on record in support of such federal efforts as HR  
            745 which will not only provide a spotlight on pancreatic  
            cancer, but help move the issue forward in the national arena.  

          6)PREVIOUS LEGISLATION  .  
           
             a)   AJR 28 (Robert Pacheco), Chapter 24, Resolution Statutes  
               of 2002, urges the U.S. President and Congress to expand  
               federally funded research efforts aimed at developing a  
               reliable means of detecting pancreatic cancer in its early  
               stages.  

              b)   AB 1843 (Robert Pacheco) of 2001 would have required the  
               Department of Health Services (DHS now DPH) to establish  
               and administer the Pancreatic Cancer Research and Education  
               Project Act to award grants to qualifying entities for  
               pancreatic cancer research and education.  Would have  
               appropriated $500,000 from the General Fund to DHS for the  
               2002-03 FY for the purpose of this bill.  AB 1843 was held  
               under submission in the Senate Appropriations Committee.  
             
             c)   AB 480 (Robert Pacheco), Chapter 246, Statutes of 2001,  
               originally proposed to create the Pancreatic Cancer  
               Research Program, to be administered by UC, to award grants  
               to support research for the development of improved methods  
               of detecting and treating pancreatic cancer and to increase  
               public education and information about the disease.  The  
               version of AB 480 that was signed into law instead requires  
               the Cancer Research Fund (Fund) for the Cancer Research  
               Program to consist of money accepted by DHS (now DPH) from  
               grants and donations from private entities and of public  
               moneys transferred to the Fund. 











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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Pancreatic Cancer Action Network (sponsor)
          Several individuals

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916)  
          319-2097