California Legislature 1999-2000

BILL NUMBER : A.B. No. 750
AUTHOR: Dutra
TOPIC : Spinal cord injury.

TYPE OF BILL:

BILL HISTORY

1999
Feb. 24 Read first time. To print.
Feb. 25 From printer. May be heard in committee March 27.
Mar. 23 Referred to Com. on HEALTH.
Apr. 5 From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
Apr. 6 Re-referred to Com. on HEALTH.
Apr. 8 From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 12. Noes 1.) (April 6).
Apr. 21 In committee: Set, first hearing. Referred to APPR. suspense file.
May 28 From committee: Amend, and do pass as amended. (Ayes 14. Noes 7.) (May 26). Read second time and amended. Ordered returned to second reading.
June 1 Read second time. To third reading.
June 2 Read third time, amended, and returned to third reading.
June 3 Assembly Rule 69 (d) suspended.
June 4 Read third time, passed, and to Senate. (Ayes 57. Noes 19. Page 2503.)
June 7 In Senate. Read first time. To Com. on RLS. for assignment.
June 17 Referred to Com. on JUD.
Aug. 16 From committee: Amend, and do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.).
Aug. 17 Read second time, amended, and re-referred to Com. on APPR.
Aug. 23 In committee: Placed on Appropriations suspense file.
Aug. 23 Joint Rule 61 (a) suspended.
Sept. 1 In committee: Set, first hearing. Held under submission.

2000
Aug. 8 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Aug. 22 Joint Rule 61 (b)(14) suspended.
Aug. 25 From committee: Do pass. (Ayes 12. Noes 0.). Read second time.
To third reading.
Aug. 28 Read third time. Urgency clause adopted. Passed and to Assembly.
(Ayes 40. Noes 0. Page 6138.)
Aug. 28 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
Aug. 29 Assembly Rule 77 suspended. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 71. Noes 4. Page 8562.)

Sept. 6 Enrolled and to the Governor at 3:30 p.m.
Sept. 27 Approved by the Governor.
Sept. 27 Chaptered by Secretary of State - Chapter 777, Statutes of 2000.

AB 750 A
Assembly Member Dutra B
As Amended June 2, 1999
Hearing Date: July 7, 1999 7
Penal, Health and Safety Codes 5
DLM:cjt 0

SUBJECT Vehicle Code Violations: Penalty Enhancement: Spinal Cord Injury Research

DESCRIPTION

This bill would:
Add a five dollar ($5.00) penalty enhancement on all non-parking violations of the Vehicle Code, except those sections which address only non-motorized bicycles for the purpose of funding the Spinal Cord Injury Research Fund within the University of California.
Allow cities and counties to opt out of the penalty enhancement program if they adopt a resolution to that effect.
The provisions of the bill would sunset December 31, 2005.

(This analysis reflects amendments to be offered in Committee.)

BACKGROUND

Spinal cord injury affects a large number of people and particularly young people who are active and athletic. In the United States, over 250,000 people are severely disabled as a result of spinal cord injury. California alone has over 35,000 paralyzed residents. The most common age of injury is 19. The cost of caring for spinal cord injury ranges from approximately $20,000 per year for somebody who is paraplegic (paralyzed from the waist down) to over $200,000 for a quadriplegic who is paralyzed from the neck down.

Recent developments in the field of spinal injury research have been very encouraging. For instance, researchers have discovered that in animals less than 10 percent of the spinal cord is necessary and sufficient to restore walking. There is also a growing body of data which demonstrate that the human spinal cord can regenerate under the right circumstances. Researchers are now convinced that it is no longer a question of if, but when therapies will be developed that can restore function to people with spinal cord injury.

This bill comes from the family of Roman Reed, a young man who suffered a paralyzing spinal cord injury while playing football. Mr. Reed's family has dedicated themselves to the passage of this legislation, which is named after him.

CHANGES TO EXISTING LAW
Existing law provides for fines, penalties, and forfeitures imposed by the courts for violations of traffic laws, to be deposited with the county treasurer for distribution in accordance with established formula.

This bill would:
Levy an additional five dollar ($5) penalty on every fine, penalty, or forfeiture imposed and collected by any court for a traffic violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, excluding offenses relating to parking or non-motorized bicycles.
Establish a Spinal Cord Injury Research Fund to be continuously appropriated to the University of California for the purposes of funding spinal injury research grants, which shall consist of money accepted by the University of California from grants and donations from private entities as well as public moneys transferred to the fund.
Declare that penalties imposed and collected pursuant to this section shall be deposited with the county treasurer and distributed each month to the Spinal Cord Injury Research Fund.
Allow a city council or county board of supervisors to adopt an ordinance that expressly provides that the additional penalty shall not be imposed for offenses committed within the jurisdiction of that city or county.
Provide that its provisions will sunset December 31, 2005.

COMMENT

1. Stated need for legislation and support The author states in support of this measure, "Paralysis caused by spinal cord injuries is an issue of enormous human and fiscal cost for the State of California and its citizens. Researchers around the country agree that it is no longer a question of if there will be a cure for paralysis, but more a question of when. The when is contingent on research breakthroughs. This bill is intended to establish a state sponsored Spinal Cord Injury Research Fund for the award of grants to conduct neurological research into both a cure for spinal cord injuries and the effects of spinal cord injuries." The bill's sponsor, Don Reed, adds, "AB 750 would fine reckless drivers $5, to be set aside for research for a cure. Car crash is the number one cause of spinal cord injury paralysis, (51% of all spinal cord injuries in California are caused by motor vehicle accidents in northern California) and it seems reasonable that those who cause the problem should help in its solution."
   Thus, proponents argue, there is a sufficient nexus between the added assessment and the proposed spinal cord injury research fund. Further, they point out, there is precedent in the Traumatic Brain Injury Fund, which is funded by penalty assessments.

2. Legislative findings and the future of spinal cord injury treatment This bill would make legislative findings and declarations including the following: There are approximately 35,000 spinal cord injured persons residing in this state. The care of the 17,000 chronic spinal cord injured quadriplegics alone costs the State of California three hundred forty million dollars ($340,000,000) annually.
   Cures for spinal cord injuries are on the threshold of being discovered.
   Progress has been made in chronic spinal cord injury research including the discovery of molecules that promote the growth of chronically injured spinal cord cells involved in movement and sensation. Genes that control regeneration of chronically damaged spinal nerves and chemicals for activating those genes have been discovered. Substances that inhibit growth in the spinal cord have been discovered and antibodies to those inhibitors have been developed. These discoveries may pave the way for significant regeneration of the spinal cord.
   The author's office provided this committee with documentation which supports these claims (indeed with information which supports all of the findings and declarations). For instance, Berkowitz, et al, Spinal Cord Injury: An Analysis of Medical and Social Costs (1998) Demos Medical Publishing, New York, New York, verifies societal and medical cost estimates, as well as the sponsors claim that 50 percent of all spinal cord injury is caused by automobile accidents. Letters from researchers across the country verify the recent successes in the spinal injury research field, and the eminence of a cure. For example, this comment from Dr. Wise Young, Director of the W. M. Keck Center for Collaborative Neuroscience at Rutgers University in New Jersey, "The pessimism surrounding spinal cord injury has reversed in the past decade. This is in part because of scientific research showing that the spinal cord can regenerate?California has the strongest neuroscience research programs in the country, at University of California in Berkeley, San Diego, San Francisco, Santa Barbara, Irvine. Laboratories in these universities can solve the problem of spinal cord injury."

3. The Spinal Cord Research Fund According to the Assembly Appropriations Committee analysis, a penalty assessment increase of five dollars ($5) could result in fine revenues in the range of $16 million dollars annually. This money would be dedicated to a Spinal Cord Research Fund, for the purpose of funding the activities of the University of California Spinal Injury Research Program. It would provide a continuous appropriation, paid into monthly by deposits from the various county treasurer's offices. The fund could also accept grants, donations, and any other public moneys which may be transferred into the fund. The money would be used "for the purposes of this chapter." The bill states that the fund "may be expended by the University of California for the award of grants to perform spinal cord injury research projects." The bill also delegates to the University the authority to establish scientific guidelines and rules and regulations as necessary for implementation of this chapter. Due to their constitutional autonomy, the University would have to adopt a resolution in order for these provisions to be applicable. The bill's supporters claim that the amount raised by the imposition of a five dollar ticket enhancement is merely seed money, and is not intended to support the entire research effort. The ultimate goal is to use the grant funds to establish programs which may be supplanted with federal National Institutes of Health grants. In addition, supporters argue that the investment in this field will encourage biotech industries which are involved in spinal injury research to move to California in order to apply for these research grants, thereby boosting our economy.
   As the University is a public entity, the expenditures made from the fund would be public records, available for fiscal review by interested parties. Perhaps the committee might consider whether to require an accounting annually to the Legislature, to ensure that the money is being spent as intended.

4. Author's amendments The author will be amending the bill to restrict the application of the penalty enhancement to exclude infractions incurred by operators of non-motorized bicycles, and parking violations. The author is also adding a five year sunset, which would terminate the bill's provisions December 31, 2005.

5. Related legislation Existing law requires Department of Mental Health to establish demonstration projects for post-acute continuum-of-care model for adults with traumatic brain injury. The programs are funded through the State Penalty Fund, which contains fines paid for specified vehicular offenses. The moneys from the Penalty Fund are distributed to the Traumatic Brain Injury Fund, but deposits into the Traumatic Brain Injury Fund are capped at $500,000 per fiscal year.
   AB 1492 (Thomson) would expand the existing traumatic brain injury rehabilitative demonstration program to add four additional sites; modify program funding, to among other things, lift the cap on the amount of funds deposited into the Traumatic Brain Injury Fund after the 1998-99 fiscal year, and; extend the sunset date from January 1, 2000, to January 1, 2005. AB 1492 is currently pending before the Senate Health and Human Service Committee.

Opposition: None Known

HISTORY Source: Californians For Cure

Related Pending Legislation: AB 1492 (Thomson) currently pending before the Senate Health and Human Service Committee.

Prior Legislation: None Known

Prior Vote: Assembly Health Committee 12-1; Assembly Floor 57-19

Mr. Don C. Reed
382 Riverside Avenue
Fremont, CA 94536

Dear Mr. Reed:

On behalf of the American Paralysis Association (APA) and our Board of Directors, I fully support your efforts to enact Assembly Bill 750, the Roman Reed Spinal Cord Injury Research Bill in the state of California.

As a national nonprofit organization, APA's mission is to encourage and support research to find a cure for paralysis caused by spinal cord injury and other central nervous system disorders. Since its inception in 1982, APA has established an international role in funding spinal cord research. APA sponsors some of the most promising spinal cord research around the world. It attracts scores of talented scientists and has supported a wide range of vital discoveries.

Now spinal cord research is a critical point. As progress toward finding a cure accelerates, so does the need for research dollars. Our fundamental challenge is to keep pace. There are hundreds of thousands of spinal cord injured individuals worldwide, with 11,000 new injuries reported each year in this country alone. Approximately 37% of these injuries are caused by motor vehicle accidents. The long-term commitment to funding basic science is the key to a cure.

As you may know, a similar bill was passed in New York last year which is expected to raised nearly $9 million annually for the leading investigators at various state facilities. We commend your tireless efforts and support your organization's attempt to facilitate legislation in the California State Assembly.

Sincerely,
Christopher Reeve

INTRODUCED BY Assembly Member Dutra (Coauthors: Assembly Members Aanestad, Cunneen, and Kuehl) (Coauthors: Senators Burton and Figueroa)
FEBRUARY 24, 1999
An act to add and repeal Chapter 2 (commencing with Section 104335) of Part 2 of Division 103 of the Health and Safety Code, relating to spinal cord injury, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 750, Dutra. Spinal cord injury. Existing law establishes various health research grant programs. This bill would establish the Spinal Cord Injury Research Fund for the award of grants to conduct basic neurological research into the cure for spinal cord injuries and their effects. This bill would continuously appropriate the fund to the University of California to administer the grants. This program would be operative until January 1, 2006. This bill would be implemented only to the extent that funds are appropriated for its purposes. This bill would declare that it is to take effect immediately as an urgency statute.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:

(a)
(1) There are approximately 35,000 spinal cord injured persons residing in this state. Spinal cord injury is a condition that leaves individuals paralyzed and afflicts 250,000 Americans.
(2) The care of the 17,000 chronic spinal cord injured quadriplegics alone costs the State of California three hundred forty million dollars ($340,000,000) annually.
(3) Spinal cord injury has serious physical, emotional, financial, and social consequences for its victims and their families.
(4) There is no established treatment that can cure spinal cord injury.
(5) If cures are found for spinal cord injuries the incidence of quadriplegia will be greatly reduced.
(6) Cures for spinal cord injuries are on the threshold of being discovered.

(b)
(1) Research is the primary hope for victims and their families.
(2) Research in spinal cord injury has produced experimental results that are of potential value in facilitating or effecting a restoration of function in damaged spinal cords.

(c)
Despite the need to make progress toward treatments or cures for spinal cord injury, there is a lack of sufficient resources in California's postsecondary educational institutions to sustain recent scientific progress with respect to this condition. It is the intent of the Legislature to encourage and support research that has as one of its goals the discovery of methods to restore spinal cord function in humans with spinal cord injury.

(d)
(1) The care and rehabilitation of acute, or newly injured, spinal cord injury victims cost the State of California sixty million dollars ($60,000,000) annually.
(2) Experimental treatments or techniques are currently under investigation, and these treatments may be of potential value in facilitating or effecting a restoration of function in damaged spinal cords if applied to humans within the first few hours after injury.
(3) Progress has been made in chronic spinal cord injury research including the discovery of molecules that promote the growth of chronically injured spinal cord cells involved in movement and sensation. Genes that control regeneration of chronically damaged spinal nerves and chemicals for activating those genes have been discovered. Substances that inhibit growth in the spinal cord have been discovered and antibodies to those inhibitors have been developed. These discoveries may pave the way for significant regeneration of the spinal cord.

SEC. 2. Chapter 2 (commencing with Section 104335) is added to Part 2 of Division 103 of the Health and Safety Code, to read:

CHAPTER 2. ROMAN REED SPINAL CORD INJURY RESEARCH ACT OF 1999 104335.

This chapter shall be known and may be cited as the Roman Reed Spinal Cord Injury Research Act of 1999.

104336.

(a) There is hereby established a Spinal Cord Injury Research Fund. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated to the University of California for the purposes of this chapter.

(b) The fund shall consist of money accepted by the University of California from grants and donations from private entities as well as public moneys transferred to the fund.

(c) Notwithstanding any other provision of law, money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

104337.

The fund established pursuant to Section 104336 may be expended by the University of California for the award of grants to perform spinal cord injury research projects. 104338.

(a) There is hereby created within the University of California the Spinal Cord Injury Research Program.

(b) The program shall promote spinal cord injury research in California as described in Section 104337.

(c) The University of California may establish scientific guidelines and rules and regulations as necessary for implementation of this chapter.

104339.

This chapter shall not apply to the University of California unless the Regents of the University of California, by appropriate resolution, make these provisions applicable.

104339.5.

This chapter shall be implemented only to the extent that funding for its purposes is appropriated to the Regents of the University of California in the annual Budget Act or another statute.

104339.6.

This chapter shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date.

SEC. 3.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement the programs for spinal cord injury research, and thus to reduce pain and suffering and address a pressing health need at the earliest possible time, it is necessary that this act take effect immediately.