Ground rules for gambling

PROMISING TO proceed "with care and transparency" on gambling, Governor Patrick yesterday provided an outline of his plan to license three resort casinos in Massachusetts. Not everyone was reassured, of course. It's way too early to know whether Patrick's plan could survive resistance from gambling opponents - or come out recognizable after political tampering by the Legislature or aggressive lobbying by the casino industry.

But Patrick's early focus on regulatory and oversight issues shows he understands that the success or failure of his casino initiative depends on the legal structure beneath it. That focus also suggests he won't be played for a fool.

The administration has sketched out a credible competitive auction process for the three resort casino licenses. Bidders would be required to submit job and wage plans, environmental and community impact statements, design proposals, and other documents along with their fees for a 10-year license. Still unknown, however, is how future legislation might protect the public in the critical area of license renewal.

To oversee all this, Patrick wisely recommends the creation of an independent commission responsible for licensing and regulating casino gambling while steering clear of enforcement. Responsibility for the latter would be assigned to an independent department within the attorney general's office. This dual approach has proven elsewhere to be the best way to build checks and balances into the system. A state gambling commission, for example, might be responsible for collecting the $450 million that Patrick hopes to raise annually from his proposed 25-30 percent tax on the gross revenues from slot machines and table games. But responsibility for auditing and financial reviews would fall to the attorney general.

Casinos can only be part of the state's overall economic development plans if Patrick and state lawmakers can first ensure the integrity of the games. Still unresolved are some basic issues about the commission - the precise number of members, the process for appointing them, the length of their terms, the ethics rules that would govern their conduct.

The administration is promising the most rigorous and transparent regulatory structure in the nation. But the public can't be expected to sign on until still more details are known about the structure itself. Right now, one can glean as much, maybe more, about Patrick's proposal to require renewable energy at a new casino than about certain aspects of the state's bedrock regulatory structure.

Patrick has faith that destination casinos will offer entertainment and services consistent with the administration's values. He knows how to attract them. But he still must prove he knows how to control them.