A state program designed to spark science startups has been sidelined again.

A Cole County judge late Monday tossed out the Missouri Science and Innovation Reinvestment Act (MOSIRA), saying the way lawmakers approved it last fall violates the state constitution.

The ruling by Circuit Judge Dan Green tosses out MOSIRA - through which Gov. Jay Nixon had hoped to set aside $4 million this year for science and technology startups - because it was passed with a "contingency clause," which said it would only take effect if legislators also passed a broader tax credit reform bill. That bill failed.

This is the latest setback for MOSIRA, which has been a top legislative priority of St. Louis-area business and biotech groups in recent years. Versions of the bill have passed both houses of the General Assembly several times, but were never given final approval, until last fall's special session. Then the bill was passed, contingent the bigger tax credit bill, which died in an impasse between the House and Senate. That led to a lawsuit by Missouri Roundtable for Life -- which is concerned that state funds could be used for stem-cell or cloning research -- and Monday's ruling.

"It's disappointing," said Donn Rubin, president of biotech trade group BioSTL. "What's frustrating is that something that is so broadly supported gets caught up in unrelated struggles over other issues like tax credit reform."

Rubin and Kelly Gillespie, executive director of the Missouri Biotechnology Association, said they would push for MOSIRA to get a clean up-or-down vote in this current legislative session. A bill to approve it without the contingency clause was filed earlier this month and is now in committee.

Fred Sauer, of the Missouri Roundtable, hailed the decision and said his group will keep fighting.

"We are dedicated to ensuring that Missouri citizens understand all the details of the MOSIRA scheme, so that politicians and their special interest cronies will never try this again," he said.

Senate President Pro Tem Rob Mayer, R-Dexter, in comments to the Kansas City Star, said Tuesday that he didn't think a standalone MOSIRA bill would pass his chamber.

"I don't think the Senate can pass MOSIRA without comprehensive tax credit reform," Mayer said, according to the paper. "That was true during the special session and that's true now."

Still, Gillespie pointed out, MOSIRA has broad support. There was little debate last year on the merits of the program - which would set aside some new tax revenue from science and technology companies in a fund to invest in growing the industry here - and the Senate approved it on a 30-4 vote.

"Those are very substantial numbers," he said.

If MOSIRA doesn't move forward legislatively, Attorney General Chris Koster could choose to appeal Green's ruling to the State Supreme Court. A spokeswoman said Tuesday his office was "in the process of reviewing the decision."