Topeka ? The Senate rejected a measure Wednesday that would have ended the state’s participation in an antitrust lawsuit against Microsoft.

The vote was 19-17 in favor of the measure, two votes shy of the 21 needed to pass legislation in the 40-member Senate.

The House amended a similar measure into a budget cleanup bill last week.

House and Senate negotiators put the provision in a separate bill. It would have prevented Atty. Gen. Carla Stovall’s office from spending money on litigation against the Washington-based computer software giant.

The prohibition would apply during the next fiscal year, which begins July 1.

In 1998, Stovall brought Kansas into an antitrust lawsuit with 17 other states, the District of Columbia and the U.S. Justice Department.

In November, the federal agency and nine states announced a settlement with Microsoft, agreeing on lesser penalties than those sought by the other nine states and the District of Columbia.

“I think enough is enough,” said Sen. Tim Huelskamp, R-Fowler, during the debate. “Hopefully we’ll change the state’s image across the country as an antibusiness state and pass this.”

Stovall has said Kansas’ tab in the litigation is minimal only hundreds of dollars because most of the cost is being borne by California and Massachusetts. Other states continuing to pursue litigation are Connecticut, Florida, Iowa, Minnesota, Utah and West Virginia.

Senate Judiciary Committee Chairman John Vratil, R-Leawood, opposed the measure, saying it went too far by trying to stop the case.

“This would set a terrible precedent,” he said.