LEGISLATORS JOCKEY FOR PARTISAN POWER

State Sen. Peter Kinder prowls the floor of the Missouri Senate like a lion. Quiet. Reserved. Alert. Then, when opportunity arises, he pounces.

Last week at the end of the legislative session, the opportunity presented itself during the debate about Gov. Bob Holden's transportation plan, which was to be financed by the largest tax increase in state history.

Kinder, who is assistant to the chairman of the company that owns this newspaper, sought to replace the tax financing for the transportation plan by shifting money from elsewhere in the budget and lowering the fees to be paid to lawyers who represented the state in tobacco litigation.

Kinder pounced. And the Democratic guns fired.

One senator called the amendment a "clever ploy," which was among the kindest shots. Others attacked Kinder directly, leading to a nasty exchange. In the end Kinder withdrew his amendment, and the governor's transportation plan fell under the weight of its tax components.

I watched part of the debate from the Senate gallery. I watched another part from the floor itself, next to Rod Jetton, state representative from Marble Hill. Most of the debate was tedious. Some was interesting and even humorous. A little bit was pure drama. But it was clear the floor events -- although not the exact words -- were like Kabuki theater, previously scripted to agendas established in closed offices and telephone conferences.

The Democrats didn't want to diminish the tobacco-lawyer fees, which go to hand-picked lawyer friends, in order to pass the governor's transportation bill. The Republicans couldn't countenance a transportation bill with inadequate reform and a large tax increase, which would be celebrated as a significant political win for a new governor of the other party.

With the balance so narrow in Jefferson City -- Democrats controlling the governor's seat and House, and Republicans controlling the Senate -- both sides recognize that much of their power resides in staying unified, then trying to peel off members of the opposition. On highly controversial bills, it's a difficult formula for either party to achieve. That's why the major legislation that passed this first session under split government was bipartisan.

Among the final legislation approved: a bill that lowers the legal limit for drunken driving from to 0.08 percent from 0.1 percent, a women's health initiative that allows easier access to ob-gyn services, congressional redistricting, a ban on gay marriages, higher penalties for store clerks who sell tobacco to minors, license suspension for anyone stealing gasoline and $35 million in bonds for a new basketball arena at the University of Missouri.

Among the big issues unresolved were the transportation package, a bill to subsidize prescription drug costs for poor senior citizens, a cap on the amount the state's tobacco lawyers could receive from the tobacco settlement, state support for a new Cardinals ballpark, new regulations on puppy mills and election reform.

Holden has already indicated he plans to call a special session in the fall to reconsider how to help poor seniors defray the costs of prescription drugs.

Altogether, the accomplishments were real, and both parties' leaders have cause to celebrate (not least because much of the legislation that failed did so properly). But much more work remains for next year. Highway development and bridge repair are critical priorities for the state, and it behooves both parties to put together stronger transportation plans, preferably in concert.

At the Capitol last week, two common themes resounded about the state's two leading political figures. First, Kinder is a powerful intellect with high potential who ruffles too many feathers too often with too much relish. Second, the governor is a decent man, but, like the dog who catches the car, he doesn't know what to do now that he's in power.

Both men are learning. Both need to work together better.

Jon K. Rust is co-president of Rust Communications.