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Nixon pushes ahead with MOSIRA, despite threat of lawsuit

This article first appeared in the St. Louis Beacon, Nov. 10, 2011 - When Gov. Jay Nixon appeared this afternoon at the Donald Danforth Plant Science Center in St. Louis County to sign the Missouri Science and Innovation Reinvestment Act, it was strictly a ceremonial occasion.

But a threatened legal fight is very real.

The measure, which had passed earlier this fall in the General Assembly's special session, was already signed into law on Oct. 21. In fact, MOSIRA was the only aspect of the massive economic development package that survived the special session.

Nixon, who also held a ceremonial signing at MRIGlobal in Kansas City earlier today, is making these victory laps for a reason: to demonstrate that he is determined to move forward with MOSIRA and to eliminate language in the act that jeopardizes MOSIRA's implementation. Missouri Right to Life is threatening to sue.

MOSIRA provides incentives to companies within certain fields, such as biotechnology and life sciences. In a speech at the plant science center, Nixon touted it as a way to enhance the state's economic growth for the foreseeable future.

"The passage of MOSIRA provides Missouri with a 25-year economic growth strategy, focusing on a high-growth strategy (and) on high-growth industries in science and technology," Nixon said. "MOSIRA will create a fund to spark the development of research and technology enterprises by capturing a small percentage of the growth in state revenues from Missouri science and innovation companies now and in the future."

Nixon said that revenue will be reinvested in a "wide range of programs" aimed at:

  • Attracting scientific talent to Missouri
  • Commercializing scientific research by fostering "new Missouri-based technology companies"
  • Providing assistance to start-up companies
  • Establishing a "highly focused" workforce development initiatives

But the bill contains a provision linking the program's implementation to the passage of a broader economic development bill debated in the special session. That bill failed after Republicans in the House and Senate couldn't come to a consensus.
Nixon said he would seek to "decouple" the legislation and contingency clause. But he made clear he would not hesitate to implement the program.

"I'll be working with the legislature for a simple fix to eliminate any of that uncertainty," Nixon said. "But let me be completely clear as we stand here today. We are moving forward with MOSIRA. We know the promise it holds. We are entering a new era of entrepreneurship and innovation in Missouri. And we will be using MOSIRA as a key economic development tool."

Susan Klein, the legislative liaison for Missouri Right to Life, said her organization is considering a lawsuit to halt MOSIRA. Her organization was a vocal critic of the proposal, arguing that it lacked sufficient protections to keep money from going to embryonic stem-cell research.

House members sympathetic to that view unsuccessfully pushed an amendment stating no money or tax breaks would be "expended, paid, or granted to or on behalf of an existing or proposed research project that involves abortion services, human cloning, or prohibited human research as defined in" state statues. Opponents said such language was unnecessary since it was already included in other laws.

Since the bill did not have an emergency clause, it won't go into effect until January. Klein said her organization is "looking at that deadline as the lawyers look at what our options are."

Nixon, however, said he wasn't concerned about the prospect of litigation.

"I know that the legislature's passed a bill; I know we'll be able to begin putting dollars into that fund," Nixon said. "As I said before, I'll ask the legislature to decouple real early in the session. Hopefully they will. If they don't and it has to be moved in another way, we will.

"But the bottom line is we're not going to slow down or back up because of what may be litigation," Nixon added. "We're going to move forward onto this bill."

Nixon On Minimum Wage, Tolls

Reporters also pressed Nixon about a pair of potential ballot initiatives next year aimed at increasing the state's minimum wage to $8.25 and allowing tolls on Interstate 70.

Two versions of the minimum wage initiative were recently approved for circulation by Secretary of State Robin Carnahan. Nixon said he approved of a successful ballot item passed in 2006, but added he hasn't examined the proposals just put forward.

"I supported what we did before," said Nixon, referring to the 2006 initiative. "Coupling it with the federal one is good; having a cost-of-living adjustment in there so when the additional costs rise is a good method. I have not had a chance to look at this, and I think the system we're operating under now has worked."

The Beacon reported earlier that the Missouri Department of Transportation plans to seek an end to the state's constitutional ban on toll roads as part of a proposal to rebuild and widen Interstate 70.

But Nixon gave a mixed assessment of the idea, saying that he didn't "want to dissuade commerce" from moving across the state.

"Just coming in and saying that all the trucks that are carrying all that commerce, all the goods are coming here that somehow we're going to make that more expensive instantaneously, I think anything you're talking about as far as roads has got to be a longer, broader, more comprehensive issue," Nixon added.

Jason Rosenbaum, a freelance journalist in St. Louis, covers state and local government and politics. .

Jason is the politics correspondent for St. Louis Public Radio.