Okla. Stat. tit. 3A, § 3A-268

Modification of electronic games.

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A. No electronic game, and no component thereof, may be offered

for play by an organization licensee unless it has been certified by

an independent testing laboratory approved by the Oklahoma Horse

Racing Commission as conforming to the standards contained in this

act.

B. It is the intent and policy of the Legislature that the

standards for the games provided in this act shall operate so as to

permit a large number of potential vendors to compete to furnish

devices to the organization licensees. If the Commission determines

that such standards serve to limit competition, the Commission is

authorized to adopt rules modifying such standards so as to

encourage competition while preserving the basic nature of the games

permitted by this act; provided, that any tribe that has entered

into an effective compact pursuant to Sections 21 and 22 of this act

may, pursuant to such compact, conduct any electronic bonanza-style

bingo game, any electronic amusement game or any electronic instant

bingo game certified as meeting the standards contained in any such

Commission rules modifying the standards of the games that may be

conducted by organizational licensees.

C. A prototype of any electronic game which a licensee intends

to offer for play shall be tested and certified by an independent

testing laboratory as meeting the standards contained in this act.

D. A licensee shall provide, or require that the manufacturer

or vendor provide to the independent testing laboratory a written

request as to each electronic game for which certification is

sought, any fees required to be deposited by the independent testing

laboratory, and, on a confidential basis: two (2) copies of the

game illustrations, schematics, block diagrams, circuit analyses,

technical and enterprise manuals, program object and source codes,

hexadecimal dumps (the compiled computer program represented in base

16 format), and any other information requested by the independent

testing laboratory. The licensee shall send copies of the requests

for certification to the Commission when made and shall make all

materials submitted to the independent testing laboratory available

to the Commission upon request. Any materials so submitted which

are designated by the manufacturer or vendor as proprietary shall

remain confidential and shall not be subject to the disclosure

requirements of the Oklahoma Open Records Act.

E. If requested by the independent testing laboratory, the

licensee shall require the manufacturer or vendor to transport not

more than two (2) working models of the electronic game for which

certification is sought to a location designated by the laboratory

for testing, examination or analysis. Neither the state nor the

independent testing laboratory shall be liable for any costs

associated with the transportation, testing, examination, or

analysis, including any damage to the components of the electronic

game. If requested by the independent testing laboratory, the

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licensee shall require the manufacturer or vendor to provide

specialized equipment or the services of an independent technical

expert to assist with the testing, examination and analysis. At the

conclusion of each test, the independent testing laboratory shall

provide to the Commission a report that contains findings,

conclusions and a certification that the electronic game conforms or

fails to conform to the standards contained in this act. If the

independent testing laboratory determines that the device fails to

conform to such standards, and if modifications can be made which

would bring the electronic game into compliance, the report may

contain recommendations for such modifications. The independent

testing laboratory shall retest for compliance following such
orms or

fails to conform to the standards contained in this act. If the

independent testing laboratory determines that the device fails to

conform to such standards, and if modifications can be made which

would bring the electronic game into compliance, the report may

contain recommendations for such modifications. The independent

testing laboratory shall retest for compliance following such

modifications. The independent testing laboratory shall report all

findings and conclusions to the licensee, the manufacturer/vendor

and the Commission, provided that at any time prior to issuance of a

final report by the laboratory the licensee may instruct it to

terminate the process, in which case no report shall be made.

F. The Commission shall review and approve a proposed

electronic game, or component thereof, based solely on the standards

contained in this act, subject to modification in accordance with

subsection B of this section, and the report and certification

received from the independent testing laboratory. The Commission

shall approve any proposed electronic game that meets the standards

contained in this act. The Commission’s review shall be completed

within twenty (20) days of receipt of the certification from the

independent testing laboratory as to any new electronic game or

component thereof, and within ten (10) days of the receipt of the

certification as to any modification to an electronic game which has

already been approved by the Commission. The certification shall be

deemed approved if the Commission does not disapprove the proposed

electronic game as not meeting the standards contained in this act

within the twenty- or ten-day period, as may be applicable. If

within the twenty- or ten-day periods described in this section for

approval by the Commission of an electronic game or modification

thereof, the Commission gives notice to the licensee that it has

disapproved a proposed electronic game, such electronic game shall

not be placed in any facility or, if already there, shall be removed

or taken offline for play, to allow time for an appeal to be made in

accordance with the applicable appeal process if an appeal is

sought. The sole issue in the appeal process shall be whether the

electronic game, or a component thereof, which is the subject of the

appeal, meets the standards contained in this act. The Commission

shall have the authority to discuss the independent testing

laboratory’s report with representatives of the independent testing

laboratory without any cost to the Commission and to physically

review any electronic game as part of the applicable appeal process.

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G. No modification to any electronic game may be made by an

organization licensee after it is tested, certified and approved,

without certification of the modification by the independent testing

laboratory and approval thereof by the Commission. In situations

where immediate modifications are necessary to preserve the

integrity of an electronic game which has been operating pursuant to

an approval obtained under this section, the independent testing

laboratory may issue an emergency certification of the modification

and a certification that is based on information provided to it by

the licensee or obtained independently, emergency certification must

be issued immediately to preserve the integrity of the electronic

game, and that certification would likely be issued under ordinary

circumstances. Such emergency certifications shall be deemed to be

temporarily approved by the Commission and remain in effect until

the Commission takes final action under this section on the

certification.