In the Missouri Senate, one member with a strong bladder can be the most powerful person in the room, even if otherwise his position has few backers.
When a bill comes up for debate, a determined opponent, once recognized to speak, can hold the floor until he or she becomes exhausted or nature calls. The only way to stop a filibuster, especially one that has the support of at least one other member, is to call for a vote to end debate. That step is rarely taken, because it goes against typical Senate etiquette. Shutting down debate, however, has become more frequent in recent years.
Over the past two weeks, state Sen. Jason Crowell of Cape Girardeau has become a focus of criticism from both inside and outside the chamber for standing against not one but two of the most controversial bills under consideration. He has a few allies on either sides of the aisle in the effort, although Democratic Gov. Jay Nixon and the Republican legislative leadership have called his tactics an obstacle to important and necessary legislation.
One measure would expand the Quality Jobs tax credit program and make major changes in other economic development programs by putting caps on a wide variety of credits. Nixon wants the bill as a way to stimulate the state's economy. An early version passed the Republican-controlled House 141-19.
The other bill, pushed by AmerenUE and opposed by consumer advocates and major customers such as Noranda Aluminum, would allow utility companies to include costs associated with the construction of nuclear power plants in customer rates while the plant is being built.
Motivations questioned
As he's pushed back, mainly against leaders in his own Republican Party, Crowell's motivations have been questioned. He's been attacked by Sen. Kurt Schaefer, R-Columbia, who asked him pointedly whether he was being paid by Noranda Aluminum to block the Ameren-backed measure.
And Sen. John Gries-heimer, R-Washington and sponsor of the economic development bill, said Crowell was being a bully. "If you think you are going to force me into a position to cram [your demands] down our throats, you ain't judged me very well," Griesheimer said on the Senate floor.
Crowell's ties to former House Speaker Rod Jetton have become an issue -- Crowell and Jetton are best friends and Crowell is a client of Jetton's political consulting business. Jetton has been hired by Noranda to oppose the utility rate bill, known as Construction Work in Progress, or CWIP.
As such, Crowell has been forced to defend his honor on the floor of the Senate. "I am not engaged in illegal behavior," Crowell said on April 10, responding to accusations that he is acting on Jetton's behalf.
In an interview Friday, Crowell said he's trying to stop legislation that would damage his constituents. The bill, allowing Ameren to charge higher rates as it works to build a second nuclear plant, is being sponsored by lawmakers with no Ameren customers, he noted.
"They want to make the ratepayers the venture capital suppliers and that is just not the way we do things," Crowell said.
Looking for restraint
The economic development bill includes things he opposes, such as a cap and sunset clause on historic preservation tax credits, and doesn't include the kind of protections for taxpayers that will prevent abuses, he said.
His main goal, Crowell said, is to restrain the Missouri Development Finance Board, or MDFB, and its ability to approve large tax credit projects such as the Ballpark Village near the new Busch Stadium or a practice facility for the Kansas City Chiefs.
"My target is 100 percent the MDFB and bringing it to accountability," Crowell said. "We have lost all fiscal restraint. Taxpayers get stuck with subsidies for projects and individuals that could never get taxpayer support through the regular legislative process."
Crowell saves his strongest attacks on the MDFB for actions taken while it was under the leadership of Lt. Gov. Peter Kinder, a fellow Cape Girardeau Republican who held this area's Senate seat before Crowell won it in 2004.
"I saw Peter Kinder stand up at the tea party in Jefferson City and say enough is enough with the crazy spending," Crowell said. "Then he comes out for a bailout of the Metro transit system" in St. Louis. "He has spent more than $200 million in tax credits through the MDFB that is basically corporate welfare."
Opposing views
Those attacks are unfair, said Gary McElyea, spokesman for Kinder. Crowell is injecting personal dislike of Kinder into the debate, he said.
"Jason Crowell has not been interested in useful discussions or purposeful discussions about greater fiscal oversight," McElyea said. "He is in the way of the economic development bill because of what we believe to be personal and political animosity toward Peter Kinder. We are not sure where that comes from."
Crowell's floor actions give him a reputation as an obstructionist unwilling to work toward compromise, McElyea said. "He has a history of filibustering and standing in the way of legislation," he said. "He is the chief filibusterer of the state Senate."
Republicans control 23 of 34 seats in the state Senate. That leads to factionalism, said Sen. Joan Bray, D-St. Louis and an ally of Crowell's on the CWIP bill. Once the GOP took control and achieved many long-sought party goals, she said, agreement is more difficult.
Bray said it isn't fair the way some Republican members are questioning Crowell's motivation. "That is not cricket from either side. It shouldn't be done on the floor of the Senate."
Crowell angers those he opposes because he is good at it, Bray said. "He does his homework and clearly has a very bright mind and he's got his mind and his mouth working together," she said.
Bray's evaluation of Crowell's brainpower is echoed by comments from other members, including Griesheimer and Senate President Pro Tem Charlie Shields of St. Joseph.
Expressing frustration
But both expressed frustration that Crowell doesn't seem willing to compromise. Shields, a defender of the MDFB, said he told a group of freshman senators recently that they will make their reputation based on whether they work to pass bills or work to block them.
Shields said nobody in the Senate has a more complete knowledge of pending legislation than Crowell.
"I believe I would be accurate in saying that people just wish that was used more for positive things than just stopping things."
Griesheimer on the floor called himself a "hardheaded Dutchman" who would not be shoved aside by Crowell's threats of a filibuster. "I ain't a pushover and I have had enough."
In an interview, Gries-heimer said he personally likes Crowell and considers him a friend. "When you are trying to work in a nonpartisan fashion to get a bill passed and there are people who are opposing you and you don't have any reasons, then you get frustrated and say things. I don't take back anything I said."
In response, Crowell said his effective questioning of the two major proposals is forcing opponents to fall back on personal attacks. "I am focused on the merits, I am focused on making tomorrow better. When you can't win on the merits, usually you start talking about other things. I remain focused on the merits and will be focused on the merits of the legislation and I will not participate in name calling."
rkeller@semissourian.com
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