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Focus on Life Sciences: MOSIRA Passage Ruled Unconstitutional by Missouri Supreme Court

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On Tuesday, March 19, 2013, the Missouri Supreme Court upheld a February 2012 Cole County court ruling that the Missouri Science and Innovation Reinvestment Act ("MOSIRA") was not properly passed by the Legislature because of language that made its implementation contingent upon the passage of another bill.
March 22, 2013

On Tuesday, March 19, 2013, the Missouri Supreme Court upheld a February 2012 Cole County court ruling that the Missouri Science and Innovation Reinvestment Act ("MOSIRA") was not properly passed by the Legislature because of language that made its implementation contingent upon the passage of another bill.

MOSIRA was passed by the Legislature and signed into law by Governor Jay Nixon in the fall of 2011. It was designed to promote growth and investment in Missouri's science and technology industries by capturing an incremental portion of new state revenue generated from new employment and wages in designated science and technology industries. The incremental revenue was to be reinvested to support job growth and innovation in Missouri's science and technology industries.

The Supreme Court ruled, affirming the February 2012 Cole County decision, that Missouri Senate Bill No. 7's ("SB 7" or MOSIRA) "contingency clause" was unconstitutional and violated the "single subject rule" of the Missouri Constitution. In addition, the Supreme Court also ruled, affirming the lower court's decision, that the contingency clause could not be severed from the rest of the bill.

Going forward, the MOSIRA Coalition has indicated that it will continue to focus on obtaining funding for the Missouri Technology Corporation and supporting initiatives to promote the state of Missouri's entrepreneurial infrastructure and support systems.

The MOSIRA Coalition members include: Missouri Biotech Association; Missouri Chamber of Commerce and Industry; Missouri Economic Development Council; St. Louis Regional Chamber; Greater Kansas City Chamber of Commerce; Springfield Area Chamber of Commerce; City of Kansas City; St. Louis County Economic Council; Civic Council of Greater Kansas City; Regional Economic Development, Inc.; BioSTL; and Kansas City Life Sciences Institute.

RubinBrown has a dedicated group focused on the Life Sciences Industry to provide assurance, tax, and business advisory services for entities participating in the Life Sciences industry or supporting entities that do. Specialized segments include Animal Health, Human Health, Plant Sciences, and Renewable Energy.

 

Under U.S. Treasury Department guidelines, we hereby inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used by you for the purpose of avoiding penalties that may be imposed on you by the Internal Revenue Service, or for the purpose of promoting, marketing or recommending to another party any transaction or matter addressed within this tax advice. Further, RubinBrown LLP imposes no limitation on any recipient of this tax advice on the disclosure of the tax treatment or tax strategies or tax structuring described herein.

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