Legislating and Regulating Casino Gaming: A View from State Regulators

摘要

The authority to regulate legalized gambling activity has, throughout our nation's history, been vested in the states of the union. With only limited exceptions, the U.S. Congress has accepted this constitutionally supported federalism. Importantly, the Congress has attempted to foster a public policy climate in which each state sets an independent framework for the form or extent of gambling it may elect to authorize, and for the scope and intensity of the regulation of legalized gambling. The special case of tribal gaming, of course, requires federal policy. There is no basis to conclude that this 200-year-old framework for state-based oversight of gambling warrants fundamental adjustment. That said, where legalized by a state, casino-style gambling demands strong legislative and regulatory oversight and vigilance. The failure for any state to maintain rigorous regulation serves to undermine national public confidence not only in the gaming industry, but also in the ability of our political leadership to maintain the public trust. The sections of this paper provide a cross-state analysis of the content and key topics addressed in existing casino enabling legislation and in the rules and procedures adopted by gaming regulatory agencies. Discussion is provided as to the commonalties and differences in regulatory structures and practices. This paper does not endorse or encourage the adoption by any state of policies and legislation intended to expand legalized gambling. Instead this report was developed as a guide to states that may consider casino gaming legislation.