Topeka ? House Speaker Mike O’Neal has sent an e-mail to fellow Republicans saying he’s done nothing wrong in filing a lawsuit against the state over budget issues.

In the e-mail Tuesday, O’Neal said Democrats are playing politics in calling for his resignation because he is serving as the lead attorney in the lawsuit representing businesses, trade groups and insurance funds. O’Neal told the Topeka Capital-Journal that he followed the law and has no trouble sleeping at night.

“For the D’s to claim this is just a bunch of lobbyists complaining, is pretty disingenuous,” the House’s top member said. “The primary group of participants is small group-funded workers’ compensation pools representing small employers. Yes, Realtors, oil and gas producers and bankers were affected and they, the last time I checked, are real people, too.”

The lawsuit attacks the Legislature’s decision to confiscate unused funds in various accounts set aside for specific regulatory purposes and divert them to general government programs, such as education and social services.

O’Neal’s clients paid fees deposited in special accounts that had $5 million swept out of them. The lawsuit argues the state exceeded its regulatory authority and imposed an unauthorized tax on businesses and individuals paying into the special accounts.

The lawsuit seeks to reverse last year’s action and prevent similar moves in the future.

House Republicans have privately expressed concern about O’Neal’s actions but declined to comment publicly.

Democrats have been less reserved.

On Tuesday, Senate Minority Leader Anthony Hensley of Topeka circulated an amendment he was prepared to offer on a Senate resolution regarding use of state tax dollars to sue the state. He did not introduce the amendment, which would have sought to bar legislators from representing clients in cases challenging the constitutionality of legislative actions. Debate on that issue was delayed by Senate leaders.

“In my opinion, there is too much inherent conflict of interest in that situation,” Hensley said.

O’Neal pointed to Kansas statutes, saying he complied with the law given that he voted against taking the funds from fee agencies during the 2009 budget debate. He said he would fight any measure preventing legislators from acting in their professional lives in a manner consistent with their work in the Statehouse.

“I don’t have any trouble sleeping at night,” he said. “I know I complied with the rules.”

O’Neal compared Hensley’s action to limiting Hensley, a school teacher, from voting on education issues.

“There is an expectation everyone will bring to the Legislature their experiences and existing jobs,” he said. “We don’t give up our jobs to come serve. I didn’t forfeit the right to be an attorney by being in the Legislature.”

House Minority Leader Paul Davis, a Lawrence Democrat, wants O’Neal to distance himself from the lawsuit.

“The issue is not who is complaining,” Davis said. “It is the relationship between the plaintiffs and the speaker of the House.”