'Previous Question' motions rarely used in state Senate's history

The state Senate's use of the "previous question" - also known as the PQ - generally has been successful in getting proposals into the state's lawbooks or Constitution.

The parliamentary maneuver to stop debate and get to a vote is used regularly in the House.

But research compiled over the years by the Senate's staff, Senate Communications and the Legislative Library all note the PQ was not used between 1867 - when senators used it at least a dozen times - and 1970.

And, through last week's Wednesday morning vote to force first-round approval of a proposed amendment to Missouri's Constitution, the PQ has been used only 15 times since 1970 - with nine successes.

Eleven of those 15 times have occurred during and since the 2003 legislative session - the same year Republicans took control of both the House and Senate after a half-century of Democratic control, and the same year term limits had forced a number of veteran lawmakers to leave the Senate.

Senate President Pro Tem Ron Richard, R-Joplin, told reporters: "Keep in mind, that a previous question is a counter-balance to an unlimited filibuster, to let us get to a vote (and) I do think the use of a continuous filibuster on a lot issues and not getting to a vote is contributing to the frustration. ...

"I do think term limits play to that, and you don't have relationships with members serving 10 or 20 years together, where you can go and strike a deal."

Gov. Jay Nixon served in the Senate from 1987-93 - before term limits or his becoming Missouri's attorney general.

"We never had a PQ motion in the six years that I served there, and we had as many disagreements as the folks we've got up here (now)," he recalled during a Friday news conference. "The reason that the PQ is a problem is that it

undermines the power of individual senators - not because it is a partisan tool."

The governor added: "There's a lot of legitimate disagreements by senators on issues (and) the accelerated use of the PQ is not good for individual senator's power and, consequently, not good for governance in the state."

Of course, it's too early to tell if last week's PQ motion will be successful in getting Missouri's Constitution changed.

But how successful were those other PQ motions?

• 1970: During the fourth special session on Gov. Warren Hearnes' plan to raise income taxes to 6 percent, the PQ motions were made three times, twice successfully. Hearnes signed the bill on Dec. 31.

• 1972: Two successful motions were used on a bill to bring Missouri's unemployment rules in line with federal regulations. Hearnes signed the bill on Jan. 20.

• 1977: In a debate over re-instating the death penalty, two PQ motions were made but failed to pass. The PQ was not used when the bill passed.

• 1982: Three PQ motions were used April 7 to end Sen. J.B. "Jet" Banks' filibuster of a bill seeking a statewide vote on a federal court order to use busing for St. Louis schools' integration. Banks, D-St. Louis, offered an amendment, then left the Capitol. Ultimately, the measure never got a final vote, and was withdrawn April 21.

• 1999: During a filibuster on a bill to ban "partial birth" abortions, Banks offered an amendment and, again, left the Capitol. The PQ motion was used to end debate on the amendment, then defeat it.

Gov. Mel Carnahan eventually vetoed the bill - and the Legislature overrode the veto.

• 2003: During debate on an amendment to the "conceal and carry" bill, a PQ motion stopped the debate and, ultimately, the Senate passed the bill.

Gov. Bob Holden vetoed it, but the Legislature overrode the veto.

• 2004: Three motions were used to pass a tort reform bill that Holden vetoed. The House failed to override.

• 2006: Five PQ motions were used to pass a voter/photo ID bill during the early morning hours of the last day of the session. Gov. Matt Blunt signed it into law - but the Missouri Supreme Court ruled Oct. 16 that portions of the law were unconstitutional.

• 2007: PQ motions were used on four different bills that year.

1 - Similar to last week's PQ on the "religious liberty" resolution, on April 18, 2007, three motions were used to end debate on the "MOHELA" bill (Missouri Higher Education Loan Authority) for college construction projects, and give it first-round approval.

Blunt signed it.

2 - Immediately after the MOHELA bill vote, three PQ motions were used to pass an appropriations bill for the college and university building projects contained in the MOHELA bill.

3 - On May 18, the session's last day, two motions were used to win final passage of a bill revising the teaching of sex education in schools, promoting alternatives to abortion and holding abortion clinics to surgical center operating standards.

Blunt signed it into law.

4 - Also on May 18, the Senate used four PQ motions to send voters a proposed constitutional amendment making English the official language of all official proceedings in the state.

Voters on Nov. 4, 2008, overwhelmingly adopted the amendment, 86.3 percent to 13.7.

• 2014: During the Sept. 10 veto session, one motion ended the debate and led to the Senate voting to override Nixon's veto of the bill extending the waiting period for having an abortion to 72 hours from the previous 24, making that the current law.

• 2015: On May 12 - the Tuesday of the last week of the session - one motion ended a filibuster of the "right to work" bill and led to its Senate passage.

Nixon vetoed the bill, and the House last September failed to override.