Posted on 05/17/2002 2:44:05 PM PDT by Deadeye Division
Freshman legislator interrupts action on gun bill in Ohio House
By PAUL E. KOSTYU Copley Columbus Bureau chief
COLUMBUS — An agreement between House Republican and Democratic leaders to move a gun bill this week quietly fell apart when a freshman Republican got in the way.
Rep. Tom Brinkman Jr., R-Cincinnati, outflanked a parliamentary maneuver by House Speaker Larry Householder, R-Glenford, and House Minority Leader Dean E. DePiero, D-Parma, to move a DePiero-sponsored bill.
House Bill 130 requires a mandatory prison term or commitment to the Department of Youth Services for shooting a firearm at a peace officer or corrections officer. The bill passed the House Committee on Criminal Justice unanimously almost a year ago.
Since then “it has been held hostage,” DePiero said, because Brinkman wants to amend conceal-carry legislation to it.
Brinkman said any gun-related measure for as long as he is in the General Assembly could be a target for attaching his conceal-carry legislation.
“I was waiting for the DePiero bill,” he said, noting he let other bills go without a challenge. “All I want is a vote.”
DePiero and Householder didn’t want to give Brinkman that opportunity so House Bill 130 has not been scheduled for a vote. But Householder was prepared to suspend the rules Wednesday on a voice vote, then take a quick roll call on the DePiero legislation.
Brinkman was ready.
“They tried to pull a fast one on me,” he said.
Brinkman had two copies of his amendment in his desk on the House floor. When House pages began distributing House Bill 130 to members, Brinkman notified House Clerk Laura Clemens of his intention to amend.
Clemens said she told Brinkman he needed 110 copies to be distributed. Brinkman said he asked a page to copy and distribute the amendment. Brinkman said he saw the page approach Clemens, who shook her head “no.”
When Clemens became aware of Brinkman’s amendment, she notified Householder, who then told her to withdraw the bill. That’s when she told the page not to copy Brinkman’s amendment, she said, and notified other pages to stop circulating the bill.
“There was no sense making 110 copies if there was no bill,” she said.
A page returned to Brinkman’s desk and said the copies were not going to be made. Brinkman then used his cell phone, a violation of House rules, to call his legislative aide to bring 110 copies of the amendment he had stored in his office across the street from the Statehouse. By the time she arrived, Householder had pulled the bill.
Brinkman said if distribution of the bill had been delayed about eight minutes, he may not have had time to contact his aide because at that time he was arguing against another bill on the floor and could not have made the call.
Brinkman tried the same maneuver in March, but was ruled out of order by Householder. In that instance, he wanted to amend House Bill 274, which was conceal-carry legislation sponsored by Rep. Jim Aslanides, R-Coshocton. Brinkman failed because he tried to amend a section of Aslanides’ bill that had already been amended. A second amendment to a section is prevented by House rules.
After being outmaneuvered, Brinkman was critical of how he was treated. This time, he didn’t want to lose.
The Brinkman amendment is the same as a bill he introduced April 24, 2001. That legislation, House Bill 225, would allow Ohioans to carry concealed weapons without any training or background checks. The bill has largely been ignored and remains in the House Criminal Justice Committee.
Aslanides’ bill passed the House on March 21, but has stalled in the Senate Judiciary Committee on Civil Justice.
DePiero said his bill was meant to honor a Cleveland police officer killed in the line of duty and to protect law enforcement.
“I don’t want it to get diverted” by the conceal carry debate, DePiero said. “It’s a good bill.”
With the most recent failure to get a vote, however, DePiero said he’s not sure what will happen.
Brinkman said he expects Householder to try again and he will be ready. He said he has a couple of strategies.
“I’m willing to challenge the chair and ask for a vote,” he said. “I was promised a vote before. Twenty-nine (legislators) signed pledges to support (my bill). Some lied. I have no problem exposing them. The public has a right to know where they stand.”
Attempts to reach Householder were unsuccessful.
You can reach Copley Columbus Bureau Chief Paul E. Kostyu at (614) 222-8901 or e-mail:
paul.kostyu@cantonrep.com
Does he, or doesn't he?
Vermont couldn't get the Vermont-style law today.
I don't have a problem with the Texas law, which requires a training course and periodic renewals.
These my-way-or-the-highway types in politics just baffle the hell out of me.
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