The Net #11
Kansas Legislative Network News
April 6, 2008
Tom Thompson
Legislative Coordinator
Sierra Club Kansas Chapter
5001 Rock Creek Lane, Mission, KS 66205
Phone: 913-236-9161; cell: 913-687-2405;
email: tomnthompson@sbcglobal.net

Ugh!

A friend of mine, and environmental leader, emailed me about when we would be able to celebrate the defeat of bills to build Holcomb. She titled her email “Ugh” expressing her frustration. I am sure my answer to her sounded like I had been around politicians too long since it avoided a direct answer.

Well the battle still isn't over.

By now, if you have read many of the press articles lately, you realize that the “veto session” isn't just for vetoes. Much more can happen with House and Senate leadership being in control of what can or cannot happen during that time. One thing they don't have complete control of is the votes of individual legislators. Thus vetoes have been sustained twice to leadership's dismay.

Unfortunately there is one more bill out there, Senate Substitute for House Bill 2412. You will notice that many bills are “substitute” for something at this point in order to bundle bills. Sometimes, as in the case of 2412, some items that haven't been supported but leadership wants, are bundled with things they do want. Typically this is done in conference committees where no one gets to testify and only 6 legislators, 3 from each house, get to discuss. Many compare this to making sausage but the final product often doesn't taste very good

When the veto session began there was a new plan offered by supporters of Holcomb to build two 600 mw plants instead of two 700 mw plants. Gov. Sebelius rejected this proposal saying it had many of the same problems the old plan had.

Wednesday April 30th day, the first day of the veto session, about 200 environmentalists rallied at the State Capital Building to support clean energy and the defeat of future Holcomb legislation. Despite this, the Senate voted to over ride the Governor's veto of 148, the last Holcomb bill to be vetoed. The die was cast for Holcomb to dominate the veto session.

Later that day, the Senate Federal and State Affairs Committee met at the “rail” (which really is the rail that circles the 3 rd floor below the dome) to pass out a new bill referred to as a “trailer” bill. There was no real hearing though Sunflower representatives were asked questions about what was in the bill. This bill was Senate Substitute for House Bill 2802 and passed the Senate 27 to 6.

2802 was an attempt to put more lipstick on 148 so that perhaps more legislators in the House would vote to over ride 148. The trick was that the new “trailer” bill would have to be passed first and then the over ride of 148. 2802 would only go into effect should 148 be over ridden.

This ploy did not work, the over ride of 148 was attempted late on Thursday May 1. However, even with the “trailer, and holding the vote open for an hour, the over ride attept failed 78 for, 44 against with 3 absent. 84 votes are needed for an over ride in the House.

At this point, House Substitute for Senate Bill 327, the first vetoed Holcomb bill, was still alive, at least for a couple more days. Legislators went back to work negotiating appropriation bills, which was their real purpose for being there. What would happen next with Holcomb was not known.

On Saturday May 3, a new bill was born in the form of Senate Substitute for House Bill 2412. This was called the Economic Stimulus Act of 2008. It included 148, 2802 and some more lipstick. Most of the lipstick did not have anything to do with Holcomb but with economic development in Johnson (693), Sedgwick (525) and Shawnee (2037) Counties along with a telecommunications bill. This was put together in a conference committee and consisted of a variety of issues found in other bills passed in the House and Senate.

Before adjourning Saturday, House Speaker Melvin Neufeld asked if anyone wished to move to over ride House Substitute for Senate Bill 327. Not seeing anyone, he declared the Governor's veto to be successful and pronounced the bill dead. That meant that 148 and 327 were history. The only bill left was the newly created 2412.

At this point, about 7:00 p.m., the House adjourned until Monday at 11:00 a.m. The Senate was furious because they thought the two houses would stay in session until everything was done even if it took till the sun came up. The Senate adjourned till Monday at 11:00 too but said it was voluntary for Senators to be there then. Senators were not to participate any further in conference committees until further notice and they did not have to come back to Topeka until told there was something worth working on. 2412 was still out there.

Monday May 5 was slow. Rumors were rampant. At about 3:00 a fire alarm went off and the Capital Building was evacuated. At about 4:30, Senators Hensley and Francisco along with Reps. Davis and Kuether held a news conference to denounce 2412 for several reasons but primarily because it was unconstitutional by having more than one issue in it. This was well covered throughout the state.

In the early evening of Tuesday May 6, the Senate began debate on 2412. Because this was a conference Committee Report, there could be no amendments just discussion. Sen. Hensley complained about bills being held hostage. He also referred to Article 2, Section 7 of the State Constitution that said except for appropriations bills, no bill should contain more than one subject. When debate ended, 2412 passed 24-10. Several Senators were absent. It is thought if everyone were present, the vote would have been veto proof. None-the-less, 2412 got fewer votes than 148 and 327. Senators Reitz and Vratil voted no on a Holcomb bill for the time.

The next day, what ended up being the last day of the session, Wednesday May 7, the House began debate on 2412 just before 11:30 a.m. Rep. Otto unbelievably said that if people are really serious about decreasing CO2, then we should ban soft drinks. Rep. Davis made the constitutionality argument for being against 2412 and Rep. O'Neil made the case for it being constitutional. Rep. Kuether added the lipstick on the pig argument. The final vote was 76 to 48 the lowest vote in the House for a Holcomb bill, 8 votes short of the 84 needed to over ride.

Does this mean we have won? Although we are winning, no, we need to remain vigilant and patient. Those supporting Holcomb are still going to try. First we need Governor Sebelius to veto 2412. Then we need to make sure legislators don't go back to the Capital on May 29 for Sine Die, the usually ceremonial official end of the legislative session that few attend. However, this is scheduled about 2 ½ weeks after the last day of the veto session so that if the Governor vetoes any bills passed, the legislature has one more chance to over ride. Our work is still cut out to support those who have supported us. Let those voting no on Holcomb know of your appreciation and that they should continue their opposition. Also, let tell the Governor thanks for past vetoes but please do it one more time.

Other bills?

There was one more bill of note. When the Senate voted on 2412 Senator Reitz complained that there hadn't been any movement on a bill helping nuclear power. Soon afterward, there was a conference committee on SB 586. The Conference Committee Report then passed both House and Senate. This bill allows nuclear power plants to charge consumers for construction work in progress and feasibility reports leading up to planning for them. This is an issue of concern for the future.

Tom

Tom Thompson
Legislative Chair
Sierra Club Kansas Chapter