Missouri Supreme Court hears arguments for MOSIRA bill being unconstitutional
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Missouri Supreme Court hears arguments for MOSIRA bill being unconstitutional

Date: September 19, 2012
By: Brendan Cullerton
State Capitol Bureau
Links: SB7

Missouri's Supreme Court was asked Wednesday to block a law providing tax breaks for health-technology companies.
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Wrap: Anti-abortion groups argue the law passed in 2011 would provide support for abortion-related services.

They argue the legislature required tied implementation of the bill to passage of the so-called China hub tax breaks that failed in the special session.

Missouri Supreme Court justice Mary Russell questioned the practical relation of the two bills.

Actuality:  RUSSELL.WAV
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Description: "But how are they connected subject wise? I think that's what the law and our precedence has stated that the language has to be connected."
Anti-abortion groups say it is unconstitutional to implement the bill that clearly required the tax credit bill to pass first.
Reporting from the Capitol, I'm Brendan Cullerton.


Anti-abortion rights groups are using a technicality to fight health technology tax breaks in the Missouri Supreme Court.
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Wrap: When lawmakers created the fund last year, they linked it to the passage of the China hub bill that provided tax breaks for a Chinese air-cargo facility in St. Louis.

Although that bill died, Jay Nixon's administration has fought to allow implementation of tax breaks for health technology companies..

Anti-abortion groups challenged.

The groups lawyer Stephen Clark told state Supreme Court justices that the fund can't be put in place because the China hub bill failed to pass.

Actuality:  CLARK.WAV
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Description: "The legislature made very clear...abundantly clear that it did not intend section A to become effective unless and until Senate Bill eight passed and was signed by the government."

Missouri Soicitor General James Layton says the court should strike down the language linking the two bills and allow the fund to be created.

Reporting from the Capitol, I'm Brendan Cullerton. 

Anti-abortion rights groups are fighting the state in the Missouri Supreme Court over health technology tax breaks.
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OutCue:  SOC

Wrap: Missouri anti-abortion rights groups contend that the fund, approved last year by the legislature, cannot be implemented because the bill's text required a separate tax credit bill to pass first.

That bill providing tax breaks for an air-cargo fund in China failed to pass, but Missouri's governor signed the bill anyway.

Missouri Solicitor General James Layton says the fund should not rely on the tax credit bill.

Actuality:  LAYTON.WAV
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Description: "The general assembly cannot make an entire bill's effectiveness conditional on the enactment of another bill that is still pending before that same general assembly."

Missouri Right for Life lobbyist Susan Klein says the organization is against the fund because it did not protect against using money for embryonic stem-cell research.

Reporting from the Capitol, I'm Brendan Cullerton.


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