196.1127. Appropriation to board subject to certain requirements.

MISSOURI STATUTES AND CODES

196.1127. Appropriation to board subject to certain requirements.

Appropriation to board subject to certain requirements.

196.1127. 1. The moneys appropriated to the life sciences researchboard pursuant to sections 196.1100 to 196.1124 shall be subject to theprovisions of this section.

2. As used in this section, the following terms shall mean:

(1) "Abortion services" include performing, inducing, or assistingwith abortions, as defined in section 188.015, RSMo, or encouragingpatients to have abortions, referring patients for abortions not necessaryto save the life of the mother, or development of drugs, chemicals, ordevices intended to be used to induce an abortion;

(2) "Child", a human being recognized as a minor pursuant to the lawsof this state, including if in vivo, an unborn child as defined in section188.015, RSMo, and if in vitro, a human being at any of the stages ofbiological development of an unborn child from conception or inceptiononward;

(3) "Conception", the same meaning as such term is defined in section188.015, RSMo;

(4) "Facilities and administrative costs", those costs that areincurred for common or joint objectives and therefore cannot be identifiedreadily and specifically with a particular research project or any otherinstitutional activity;

(5) "Human cloning", the creation of a human being by any means otherthan by the fertilization of an oocyte of a human female by a sperm of ahuman male;

(6) "Prohibited human research", research in a research project inwhich there is the taking or utilization of the organs, tissues, orcellular material of:

(a) A deceased child, unless consent is given by the parents in amanner provided in sections 194.210 to 194.290, RSMo, relating toanatomical gifts, and neither parent caused the death of such child orconsented to another person causing the death of such child;

(b) A living child, when the intended or likely result of such takingor utilization is to kill or cause harm to the health, safety, or welfareof such child, or when the purpose is to target such child for possibledestruction in the future;

(7) "Public funds", include:

(a) Any moneys received or controlled by the state of Missouri or anyofficial, department, division, agency, or political subdivision thereof,including but not limited to moneys derived from federal, state, or localtaxes, gifts, or grants from any source, settlements of any claims orcauses of action, public or private, bond proceeds, federal grants orpayments, or intergovernmental transfers;

(b) Any moneys received or controlled by an official, department,division, or agency of state government or any political subdivisionthereof, or to any person or entity pursuant to appropriation by thegeneral assembly or governing body of any political subdivision of thisstate;

(8) "Research project", research proposed to be funded by an award ofpublic funds conducted under the auspices of the entity or entities thatapplied for and received such award, regardless of whether the research isfunded in whole or in part by such award. Such research shall includebasic research, including the discovery of new knowledge; translationalresearch, including translational knowledge in a usable form; and clinicalresearch, including but not limited to health research in human developmentand aging, cancer, endocrine, cardiovascular, neurological, pulmonary, andinfectious disease.

3. Public funds shall not be expended, paid, or granted to or onbehalf of an existing or proposed research project that involves abortionservices, human cloning, or prohibited human research. A research projectthat receives an award of public funds shall not share costs with anotherresearch project, person, or entity not eligible to receive public fundspursuant to this subsection; provided that a research project that receivesan award of public funds may pay a pro rata share of facilities andadministrative costs determined in the award of public funds according tostandards that ensure that public funds do not in any way subsidizefacilities and administrative costs of other research projects, persons, orentities not eligible to receive public funds pursuant to this subsection.The application for an award of public funds shall set forth the proposedrates of pro rata cost reimbursement and shall provide supporting data andrationale for such rates. All applicants for and recipients of awards ofpublic funds shall comply with the cost accounting principles set forth inPart 9905 of Title 48 of the Code of Federal Regulations, or successorregulations, in connection with the application for and administration ofthe research project. All moneys derived from an award of public fundsshall be expended only by checks, drafts, or electronic transfers using aseparate accounting process maintained for each research project. Nomoneys derived from an award of public funds shall be used to cover costsfor any other research project or to any other person or entity. No moneysderived from an award of public funds shall be passed through to any otherresearch project, person, or entity unless included in the originalapplication for the award of public funds or in subsequent amendments orrequests to use separate contractors. A research project that receives anaward of public funds shall maintain financial records that demonstratestrict compliance with this subsection. Any audit conducted pursuant toany grant or contract awarding public funds shall also certify whetherthere is compliance with this subsection and shall note any noncomplianceas a material audit finding.

4. The provisions of this section shall inure to the benefit of allresidents of this state. Any taxpayer of this state or any politicalsubdivision of this state shall have standing to bring suit against thestate of Missouri or any official, department, division, agency, orpolitical subdivision of this state, and any recipient of public funds whoor which is in violation of this subsection in any circuit court withjurisdiction to enforce the provisions of this section.

5. This section shall not be construed to permit or make lawful anyconduct that is otherwise unlawful pursuant to the laws of this state.

6. Any provision of this section is not severable from anyappropriation subject to this section or any application declared by anycourt to be subject to this section. If any provision of this section isfound to be invalid or unconstitutional, any appropriation subject to thissection or any appropriation declared by any court to be subject to thissection shall be void, invalid, and unenforceable.