This article first appeared in the St. Louis Beacon, Oct. 21, 2011 - Before heading off to China, Gov. Jay Nixon today announced that he signed into law the two measures that did make it through the legislative special session.
One, in effect, repeals the state's recent law -- dubbed the Facebook Law -- restricting internet communications between students and teachers, while the second sets up tax breaks under the Missouri Science and Innovation Reinvestment Act.
Both bills, said the governor, did have flaws.
Nixon noted that he had asked for an outright repeal of the Facebook Law, officially Senate Bill 54, which appeared to bar all direct online communications between students and teachers. A judge already has ruled that the restriction violated free-speech rights.
The new law, known as Senate Bill 1, requires school districts to set up a policy for online communications, but doesn't stipulate what the policy should be -- other than requiring some sort of protection against improper communications.
Nixon's signing statement for the revised measure observed that "school districts may find it challenging to promulgate a policy that erects adequate restrictions around the use of electronic media sufficient to prevent improper communications without also preventing otherwise appropriate communications."
"Nonetheless, Senate Bill No. 1 is an improvement -- primarily through subtraction -- over" the earlier law, Nixon wrote. "This bill is not as good as it should be, but to veto it would return us to a bill that would be far worse."
Nixon had advocated an outright repeal of the earlier measure, and had wanted to set up a task force of various stakeholders -- including teachers, parents and students -- to come up with something better.
His decision to sign the special-session bill anyway appeared to be a compromise directed at the sponsor of both measures, state Sen. Jane Cunningham, R-Chesterfield. She had worked with teachers and school districts after criticisms swiftly swirled around her original bill -- which Nixon also signed into law this summer.
Cunningham's aim, with her original bill, had been to address the issue of educators who were sexual predators by making it more difficult for teachers to have private online communications with students. However, teachers and school administrators noted that many students and teachers use the social media and email to legitimately discuss class assignments and other school-related matters.
Possible Court Fight over MOSIRA
As for the Missouri Science and Innovation Reinvestment Act, also known as MOSIRA, Nixon noted that there was a provision at the end of the bill that stipulated the tax incentives would only go into effect if the separate economic development package -- which has died -- also was enacted.
Nixon, Missouri's former attorney general, earlier had said that he would have lawyers examine that restriction to see if it caused a problem. "Contingency clauses contained in legislation have been voided in the past, and ultimately a court may have to determine the effect, if any, of the contingency clause contained" in the MOSIRA law, he wrote.
But the governor added that he fully intended to "initiate steps toward the implementation" of MOSIRA, noting that it has been sought for years by various scientific institutions and universities around the state.
"Many of the jobs and careers of the future will be created by emerging high-tech companies, and we need to encourage investment by these businesses here in Missouri," Nixon said in his signing statement.
"The MOSIRA bill will be a valuable tool to encourage more start-up companies in science and technology to join what is an already growing area for the Show-Me State and our economy. Through MOSIRA, that continued growth will generate even more expansion in research and technology."
The governor's staff explained that "MOSIRA would create a funding source to spark growth in research and technology enterprises by capturing a small percentage of the growth in state revenue over a base year (Fiscal Year 2010) from a designated group of Missouri science and innovation companies."
The Missouri Technology Corporation (MTC) will administer the MOSIRA funds, which will be reinvested "through loans and other means to generate further economic growth in the science and innovation industry sectors, with emphasis on biotechnology and life sciences. Funding will be reinvested in a wide range of programs designed to create jobs, nurture start-ups, and bring science and technology companies to the state."
