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February 8, 2011 | By Jim Panyard | Posted in Legislature

Earll Warns House Gaming Committee

Says Senate “will not consider” gaming investigation change

Even if the bill to move the Gaming Control Board’s (GCB) investigative arm to the office of Attorney General makes it out of the House of Representatives, it will not be considered by the state Senate, according to state Sen. Jane Earll (R-Erie).

That was the message Ms. Earll delivered to the House Gaming Oversight Committee Tuesday, via state Rep. Florindo Fabrizio (D-Erie).

“Ten minutes before I left for this hearing, I received a call from Senator Earll. She said the bill [H. B. 262] will change nothing, be more costly and if it passes the House, the Senate will not take it up,” Mr. Fabrizio said.

The news ruffled some feathers among the GOP majority on the committee, but they were restrained in their reaction to Ms. Earll’s message.

Ms. Earll’s office did not return calls for comment Tuesday.

Proponents of the measure want to transfer the 73-member Bureau of Investigative Services (BIE) from the GCB to the Office of Attorney General to remove the possibility of political tampering with investigations and to give the BIE official standing as a law enforcement agency.

Committee Chair Curt Schroder (R-Chester) said defense of the status quo has consisted of “canards and red herrings.”

He said the bill “will guarantee independence of the BIE, so the control the Gaming Control Board has over the BIE will never happen again.”

GCB interference in, and modification of, at least one major BIE investigation has been documented.

“If anyone tampers with the investigations of BIE when it is under the Attorney General, they will be facing an obstruction of justice charge,” said state Rep. Mike Vereb (R-Montgomery), the bill’s prime sponsor and a former police officer.

State Rep. Joseph Brennan (D-Lehigh) differed with Mr. Vereb, saying; “I would dispute the contention this will remove politics. The attorney general is elected every four years and is a politician, just like the rest of us.”

The measure passed 17-8, largely along party lines with Democrat state Reps. Michael O’Brien (Philadelphia) and Kevin Murphy (Lackawanna) joining 15 Republicans in sending the measure to the full House for introduction.

At a news conference Tuesday, Gov. Tom Corbett – formerly the state attorney general – said he thought the BIE should be independent from the GCB.

“I didn’t care whether they took it to the attorney general’s office or to the state police but that agency should be separate,” said Mr. Corbett.

The committee unanimously approved H.B. 391, which would prohibit senior state government officials or legislators from being appointed to the GCB for at least one year after they have left state service.

Committee Vice Chair Rosita Youngblood (D-Philadelphia) tried to expand the measure to include the prohibition of hiring former lawmakers and senior state officers from any salaried posts on state boards, authorities or commissions for one year after they leave state service. Mr. Schroder said the measure, while well intended, might have “unintended consequences” and urged a no vote.

The Youngblood amendment fell by a vote of 15-10, along straight party lines. Ms. Youngblood said she may try to amend the proposal to an administrative code bill during this year’s legislative session, contending Republicans would never allow the measure out of any committee.

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Jim Panyard is a reporter for PA Independent. He can be reached at Jim@PAIndependent.com.

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