Cloning ban pops out of committee
JEFFERSON CITY—Opposing lawmakers walked out of the room rather than cast a vote on legislation that would permit Missourians to revisit the question of cloning.
House Joint Resolution 11 (HJR 11) presents a clear definition of the term “human cloning” and asks that Missouri residents be allowed to vote on whether to make it constitutionally unlawful.
Introduced by Rep. Jim Lembke, R-St. Louis County, along with 47 co-sponsors of both parties, HJR 11 defines human cloning specifically as “the creation of a human zygote, human blastocyst, or human embryo by any means other than the fertilization of a human egg by a human sperm.”
Supporters believe an original effort to outlaw human cloning in 2006 was unsuccessful because voters did not understand that stem cell research proposed under Amendment Two was actually a form of human cloning.
The Health Care Policy Committee of the Missouri House of Representatives heard testimony on the bill Feb. 6 and voted in executive session March 27 to recommend it for passage by the House.
Rep. Craig C. Bland, D-Kansas City, was absent from the executive session and from the Legislature that day. When Chairman Wayne Cooper, R-Camdenton, called for the vote, five committee members voted for passage and four left the room without voting.
Kim Spangler, legislative assistant for Rep. Cooper, reported that a quorum call was taken before the vote, with nine of the 10 committee members present.
Speaking of those who answered the quorum call but did not vote, Spangler explained the technicality of recording the vote, noting that “They’re not present. They’re not absent. They didn’t vote against it.”
Kerry Messer, lobbyist for the Missouri Baptist Convention’s Christian Life Commission, said “No committee stops because a particular person is not there.”
In cases where their absence would likely impact the outcome, he explained, a member who can’t be there will usually call the committee chairman and ask that a vote not be taken. If the chairman agrees, he or she is duty-bound to postpone the vote.
“In this case, no such commitment was made by anybody. It was normal procedure, normal methodology,” said Messer. “It was a legislative day and he was not in the Legislature performing as a legislator.”
Prior notice is not required for executive session, and Messer said it is common practice for committees to have public hearings on some bills and then go into executive session on bills they have previously heard.
Having been recommended for passage, HJR11 has been sent to the Rules Committee for preparation for its appearance before the full House. With only about six weeks left in the session, Messer and other pro-life lobbyists fear that the bill will languish in the committee until it is too late for passage.
Should the legislation fail to win approval, pro-life groups are gearing up and talking collectively about starting a petition drive to get the cloning issue on the ballot in 2008.
“We are asking the Legislature to do its job,” said Messer. “They know the ballot language on Amendment Two was misleading and deceptive. We are asking them to correct it.
“If the body as a whole fails to clean it up legislatively, we intend to do it ourselves. It is wholly proper to come to the Legislature first. If they fail in their responsibility, it becomes our responsibility to stand up for our neighbor.”
Casting yes votes were Reps. Cooper, Cynthia Davis, R-O’Fallon; J.C. Kuessner, D-Eminence; David Sater, R-Cassville; and Rodney Schad, R-Versailles.
Committee members not voting were Reps. Judy Baker, D-Columbia; Jim Guest, R-King City; Sam Komo, D-House Springs; and Robert Schaaf, R-St. Joseph.