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SPOTLIGHT
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Democrats upset about GOP tactics

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By SARAH KESSINGER

Harris News Service

TOPEKA -- Democrats angered by the merger of a coal-fired power plant bill into a "mega" bill for economic development say House Speaker Melvin Neufeld is holding eastern Kansas economic projects hostage.

"It's very transparent when he says he doesn't trade votes that he does trade votes," said Senate Minority Leader Anthony Hensley, D-Topeka.

But Senate GOP leaders, who plan to take up the bill today, defended Neufeld, saying it's a legitimate action.

"We just think it's a bill that's fair to the entire state," said Senate President Steve Morris, R-Hugoton, whose district would be home to the new plants.

Western Kansas leaders upset about a state regulator's rejection of the coal plants because of their carbon dioxide emissions have complained for months the administration of Gov. Kathleen Sebelius is unfair to their part of the state.

A House-Senate conference committee Saturday inserted the coal plant project into the bill along with other projects in hopes of sweetening the pot to draw widespread legislative support.

Four House and Senate Democrats had a press conference Monday afternoon to argue the individual projects had merit but the bill was written with multiple topics -- energy and economic development -- which is unconstitutional.

Rep. Paul Davis, D-Lawrence, said past court rulings demonstrate placing several bills into a single measure to gain its passage is a violation of the state's single-topic law on legislation.

"It makes this bill blatantly unconstitutional," said Davis, an attorney.

Senate Majority Leader Derek Schmidt, R-Independence, also an attorney, disagreed.

"I don't share his assessment," he said.

Asked whether he supported taking that approach to the economic development bill, Schmidt would only say, "That's a hard question."

Lawmakers could be near completion of their 2008 session today if they vote on the new version of coal plant legislation, which has twice been vetoed by the governor, and finish work on a budget bill.

Hensley projects, however, the coal plant bill packaged with other economic projects isn't likely to survive this round either.

"I think (the speaker's) setting up for another showdown with the governor and another veto."

In addition to the coal-plant provisions, the measure also contains a bond issue for a large transport hub in Gardner, a corporate tax incentive package and a stimulus measure for Hill's Pet Nutrition in Topeka.

Lawmakers have said that, aside from the coal plant bills, some of the provisions could be put in place without legislation and others could wait a year.

Should lawmakers pass the bill, Sebelius would have 10 days to decide whether to sign it, allow it to become law without her signature or veto the measure.

Lawmakers could have an opportunity to override her potential rejection of the bill May 29, on the session's ceremonial last day. But only a few legislators typically attend the day, making an override even more difficult.

While the Senate has succeeded with overwhelming majorities on their override attempts to two earlier coal bills, the House hasn't been able to muster the required two-thirds majority to nullify a veto.

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