Decision threatens program to help science, tech startups in Missouri.

The Missouri Science and Innovation Reinvestment Act — which was designed to help startup companies — has been ruled unconstitutional by a Cole County circuit judge.

The act, better known as MOSIRA, calls for the creation of a fund to attract, grow and retain technology and science companies. Money for the initiative would come from new state income tax revenue generated by those industries.

Judge Dan Green found that MOSIRA was “unconstitutional in its entirety” because it includes a contingency clause. Specifically, when the Missouri Senate passed MOSIRA, it included language saying that MOSIRA couldn’t take effect unless another bill dealing was tax credits passed, too.

With a few exceptions, bills must deal with only one subject, Missouri law states.

Missouri Right to Life and Missouri Roundtable for Life sued to overturn MOSIRA over concerns that public money could be used for cloning, abortion and human experimentation.

MOSIRA was passed during the legislature’s special session last year. The fund, which was to be overseen by the Missouri Technology Corporation, was set up to support a wide range of economic development, including technology transfer programs, leverage of private financing and the construction of laboratories and research space.

Legislators say they will try to pass a new version of MOSIRA, though it’s not clear if they’ll be able to do so during this session. Many officials believe the case will be appealed to the Missouri Supreme Court.