Senators sidestep tradition to pass tort bill

JEFFERSON CITY, Mo. -- Busting the gridlock created by Democrats opposing legislation to overhaul Missouri's civil justice system, Senate Republicans on Thursday took the rare step of forcing a final vote on the bill.

The action came one day after some Democrats, noticing no Republicans were present in the chamber during a filibuster, took advantage of the situation to adjourn the Senate for the day and temporarily delay consideration of the bill.

Though embarrassed at being caught off guard, Republican leaders vowed to respond by using the power of their majority to halt debate on the measure -- and any other measures Democrats might attempt to block using obstructionist tactics.

"It strikes me as odd today that those who are shouting about the darkness were those who extinguished the candle," said state Rep. Charlie Shields, R-St. Joseph.

Although the majority routinely shuts out the minority in the much larger House of Representatives, the ability of senators to talk as long they wish on any issue is a hallowed Senate tradition.

"Today that tradition has been abandoned, and I'm sorry that's happened," said Minority Floor Leader Ken Jacob, D-Columbia.

The only Republican to oppose stopping the debate, state Sen. Sarah Steelman of Rolla, also lamented the demise of long-standing custom.

"It is a sad day for the state Senate," said Steelman, who also voted against the bill.

The measure was sent to Gov. Bob Holden on a near party-line, 21-13 vote. Holden, a Democrat, said he will veto the measure, as he did with similar legislation last year.

The bill would place restrictions on where cases involving torts -- wrongful acts that cause injury -- can be brought. It also would cap damages for pain and suffering and limit the financial liability of defendants only partially responsible for an injury.

Proponents say the bill is needed to bring down skyrocketing medical malpractice premiums they claim are forcing Missouri doctors to abandon their practices. However, many of the bill's provisions have broad application, which prompts opponents to complain it would simply provide legal protections to corporate wrongdoers.

"The legislature has misdiagnosed the problem," Holden said. "They have sold out the patients and physicians to protect insurance companies."

Holden and others argue reforming insurance laws is the only way to bring down medical malpractice rates. A companion bill on the subject is awaiting legislative action.

Republicans were anxious to send the tort bill to the governor by today so Holden will be forced to either sign or veto it before the legislative session ends May 14. Under the Missouri Constitution, Holden will have until mid-July to act on bills passed after today.

Lawmakers will likely attempt to override Holden's impending veto, though they appear to be well short of the two-thirds majorities required in each chamber to do so.

Republicans attempted to bring closure to the tort issue shortly after convening on Thursday, but the chamber got bogged down in procedural arguments for nearly two hours.

Sensing an attempt might be made to maneuver him out of the chamber, Democratic Lt. Gov. Joe Maxwell cautioned senators to read a 1973 Missouri Supreme Court decision that clarified the lieutenant governor's constitutional right to preside over the Senate.

"The Supreme Court has ruled you can't do that to me," Maxwell said.

Kinder overruled procedural decisions by Maxwell that would have prevented motions for forced votes from being made. Maxwell said he didn't recognize Kinder's authority to do so, but deferred to his directions in the interest of decorum. Maxwell later lodged an official protest in the Senate record.

Kinder said he and Maxwell simply had an honest disagreement on the interpretation of Senate rules.

The bill is HB 1304.

mpowers@semissourian.com

(573) 635-4608