The Kansas House began 6/11 on a final action vote that carried over from midnight the night before. The rules of the house required them to leave at midnight - a rule that was passed in tribute to legislator Bob Bethel - a house representative who after a long session fell asleep at the wheel and died on his way home. With Republicans failing in their vote on 6/10, the Bethel rule was invoked and the house went home.
While the members were required to present themselves at 8AM, many members from nearby communities drove themselves to the statehouse, some leaving at 6AM, 6:30AM.. others needed to be at the statehouse before 7AM out of duty to respond to constituents.
At 8AM, the house was opened and despite the arm twisting, HB2109, the revenue bill, failed spectacularly.
The spirit of the Bob Bethel Rule was designed to protect the health of members and their families. In a desperate desire to pass this bill, the Kansas house began that morning a session that wouldn't just violate the very spirit of the Bob Bethel rule, it would obliterate a standard for decency that goes beyond the bill.
For one moment, I want to put aside the bill and talk about our citizen legislators, Republicans and Democrats, who subjected themselves to what the Geneva convention refers to as torture - a 24 hour period with no schedule of sleep available of more than 4 contiguous hours.
Over the last few weeks, I've sat in the statehouse galleries and met with many members, but I really want to talk about someone who is not a member but bears the brunt as well.
I first met Heinz Dierks a few weeks ago as we shared a couch in the balcony. "Don't write about me unless it's positive." He joked. I promised I wouldn't, and I didn't. Heinz Dierks came to session after session and watched his wife every day. Diana Dierks, a moderate Republican, became the only representation Salina, Kansas had in the building as JR Claeys left and Sen. Arpke went on a cruise.
Every day, her husband sat in the gallery for her. Despite the fact that we certainly have different political beliefs, I found deep respect for Heinz Dierks, who said he needed to be there to support his wife and he did. Every single day.
Heinz Dierks is in his seventies, and Diana is 71. We would exit the gallery together and Diana would meet us at the stairwell where he would take his wife's hand and leave the building at the end of the day, every day.
I found something beautiful and profound about it. There are many people who wish they had someone who cared for them in the compassionate way that Heinz Dierks showed for his wife, "I'm here to look out for her", expressing his concern for her when days would drag on.
A few Democrats, Boog Highberger included, came to the statehouse for the same reason. Their day started at 6:30AM on June 11 as they drove in to the city to make an 8AM required house session. While a guaranteed no, they valued their participation enough they came in and sat down, to express their will. They didn't know on Thursday they would spend a day in hours that would result in less than $4 an hour pay.
The house would exit their special session that morning, and until 8PM, there would be scheduled meetings every two hours. The house would gavel in and out. Caucus would be held, tax conferences and more whipping to get the vote.
At 3:30PM, I ran into Diana Dierks and her husband again outside of the Republican caucus. "This is a long day" she told me. But she would stay. It was her civic duty.
Jim Ward, a House Democratic Representative from Wichita stood outside of the house to tell constituents who came that he was glad they wanted to see the process. He was tired, but he knew that they also drove a long way to watch, and he would do what he had promised, remain opposed.
At 9PM, escaping the capital, Sen. Bruce, Representative Lunn (Johnson County), Representative Kelley (R-Ark City), Representative Smith (R-Pittsburg), and others came across members Boog Highberger (D-Lawrence) and Jerrod Ousley (D-Johnson County) at a near by food pub, The Celtic Fox. Republican Smith left the Republican arm twisting and sat outside with the Democrats and discussed the bill. He was tired. He would be a yes vote, but he was willing to talk. A coach at a Catholic High School, Representative Smith told us he had deep problems with the bill, but at some point they had to "do something", one thing he had to do was get to somewhere safe that night. His drive home to Pittsburg would be too far. He had driven in that morning, leaving his home at 10:30 and figured he would stay in Atchinson that night, an hour drive from Topeka. "I'm all for being safe, you guys too!".
It was midnight when the doors were closed and the Bob Bethel rule was revoked. Sitting in the gallery, watching his wife sat Heinz Dierks. At over seventy, the long days are more taxing, but if you love someone, sometimes you endure the hardship to show your support.
There was no break in the day of any extent since 8AM. It was 2AM in the house when Rep. Diana Dierks asked me to find her husband in the gallery. "Make sure he's OK and tell him to come out here."
She was the only representative in the building from Salina and she had served her constituents - she had voted - but she had to have known in the way only a spouse can that her husband was enduring sleep deprivation for her, because he loved her in the gallery.
As he walked out and reached for her hand, I urged them to go, get some rest if they could.
Boog Highberger, a freshman representative from Lawrence, Kansas stood to speak to the gallery at near 3:30AM. For Boog, 3:16AM marked 22 hours away from when he left to come to the capital the morning before.
Tired. Exhausted. And without sleep. Citizen legislators stood on the end of interrogation passing a tax package that will reshape Kansas.
Citizen spectators in the gallery sat exhausted. Most of the watchers had time during the day to get sleep. Or they could lay down on the floor. Representatives stood at attention.
The session ended as a tax package that alters Kansas policy on regressive taxes received the final vote. The bill was stripped of provisions to provide food sales tax relief in order to make sure Republicans could vote on a tax cut in an election year. It was a solution that satisfied the wary conservative members.
In a caucus meeting more than twelve hours before, the governor had noted "must be done by Monday," but Sen. President Susan Wagle noted "must be done tonight". House leadership heard and understood, and the vote would be that evening, no matter how long it took to get the result they needed.
As we headed to the elevators, a member noted, "I'm not sure I'm OK to drive home", joking that at least one female member of the body went to the restroom to lay down on the fainting couch present.
I'm not sure if there was a late-night drive to Atchinson, or a drive back to Topeka this morning where they would gavel in at ten. Fortunately, I have heard of no accidents like the one that claimed Bob Bethel's life.
The governor and leadership had pushed hard - in my view, far beyond what is healthy of their legislative members.
There will be people around Kansas who will be - and should be - upset with the outcome in the statehouse. I'm one of them. I've seen the demands by many for legislators to give up pay, work for free.. session like Thursday are a much greater deterrent to individuals thinking of serving. A first time conservative Republican - a sure Brownback vote - told us in the basement before exit, "I wasn't prepared for this".
No one was.
I had promised Heinz Dierks I wouldn't say anything about him when I write unless it was positive. I hope my commentary here shows he didn't need to worry. We may not agree politically, but his profound love for his spouse may have been the spark of human decency I needed to see to believe in the goodness of so many members who fought through this session.