A. The Oklahoma Lottery Commission shall investigate the financial responsibility, security, and integrity of any lottery system vendor who is a finalist in submitting a bid, proposal, or offer as part of a major procurement. At the time of submitting such bid, proposal, or offer to the Commission, the Commission may require the following items:
1. A disclosure of the name and address of the vendor and, as applicable, the names and addresses of the following:
2. A disclosure of all the states and jurisdictions in which the vendor does business and the nature of the business for each such state or jurisdiction;
3. A disclosure of all the states and jurisdictions in which the vendor has contracts to supply gaming goods or services, including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each such state or jurisdiction;
4. A disclosure of all the states and jurisdictions in which the vendor has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to the license, contract, or operation of the vendor and the disposition of such in each such state or jurisdiction. If any lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six (6) months, all of the facts and circumstances underlying the failure to receive such a license shall be disclosed;
5. A disclosure of the details of any finding, conviction, or adjudication of guilt of the vendor, or a person named pursuant to the provisions of paragraph 1 of this subsection with respect to such vendor, in a state or federal court for any felony or any other criminal offense other than a traffic violation. If the vendor, or a person named pursuant to the provisions of paragraph 1 of this subsection with respect to such vendor, is awaiting sentencing on a plea of guilt or nolo contendere to a felony or any other criminal offense other than a traffic violation, disclosure of the details of any such plea shall also be made pursuant to the provisions of this paragraph;
6. A disclosure of the details of any bankruptcy, insolvency, reorganization, or corporate or individual purchase or takeover of another corporation, including bonded indebtedness, or any pending litigation of the vendor, or a person named pursuant to the provisions of paragraph 1 of this subsection with respect to such vendor; and
7. Such additional disclosures and information as the Commission may determine to be appropriate for the procurement involved.
All disclosures provided by this section shall be furnished to the Oklahoma State Bureau of Investigation at least fourteen (14) days prior to the awarding of the contract and any analysis of the disclosures provided by the Oklahoma State Bureau of Investigation shall be considered by the Commission.
If at least twenty-five percent (25%) of the cost of the contract of a vendor is subcontracted, the vendor shall disclose all of the information required by this subsection for the subcontractor as if the subcontractor were itself a vendor.
B. A lottery procurement contract shall not be entered into with any lottery system vendor who has not complied with the disclosure requirements described in subsection A of this section, and any contract with such a vendor is voidable at the option of the Commission. Any contract with a vendor who does not comply with the requirements for periodically updating the disclosures during the tenure of contract as may be specified in the contract may be terminated by the Commission. The provisions of this section shall be construed broadly and liberally to achieve the ends of full disclosure of all information necessary to allow for a full and complete evaluation by the Commission of the competence, integrity, background, and character of vendors for major procurements.
C. A major procurement contract shall not be entered into with any vendor if the vendor or a person associated with the vendor named pursuant to the provisions of paragraph 1 of subsection A of this section has been found guilty of a felony related to the security or integrity of the lottery in this or any other jurisdiction, or is awaiting sentencing on a plea of guilt or nolo contendere to the same type of felony.
D. A major procurement contract shall not be entered into with any vendor that has an ownership interest in an entity that had supplied consultation services under contract to the Commission regarding the request for proposals pertaining to those particular goods or services.
E. No lottery system vendor nor any applicant for a major procurement contract may pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, to the executive director, any member of the board of trustees of the Oklahoma Lottery Commission, or any employee of the Commission, or to any person related to any such person within the third degree of consanguinity or affinity.
Added by Laws 2003, c. 58, § 16, adopted at election held on Nov. 2, 2004.
Structure Oklahoma Statutes
Title 3A. Amusements and Sports
§3A-202. Conflicts of interest.
§3A-203. Meetings - Officers - Quorum - Legal proceedings or actions - Compensation.
§3A-203.1. Commission member prohibited from performing certain activities.
§3A-203.2. Advisory councils and task forces.
§3A-203.5. Stewards - Examinations - Qualifications - Licenses.
§3A-203.6. Subpoenas - Oaths and affirmations - False testimony.
§3A-203.7. Purpose and intent of act - Rules and regulations.
§3A-203.8. Non-pari-mutuel tracks - Time for payment of claims.
§3A-204. Powers and duties of Commission.
§3A-204.1B. Equine Drug Testing Revolving Fund.
§3A-204.1C. Oklahoma Horse Racing Commission Operational Expenses Revolving Fund.
§3A-204.1D. Oklahoma Horse Racing Commission - Budget.
§3A-204.3. Suspension or revocation of occupation license at race meeting - Procedure.
§3A-205.1. Organization license - Applications - Silent or undisclosed interest.
§3A-205.2a. Ownership interest in organization license.
§3A-205.3. Persons ineligible for grant of organization license.
§3A-205.4. Minimum standard for organization licensees - Penalty.
§3A-205.5. Fire safety standards in grandstand facilities - Inspections.
§3A-205.7. Wagering on out-of-state races.
§3A-205.8. National Breeders' Cup - Pick seven wagers - Apportionment of wagered funds.
§3A-207. Tax imposed - Distribution of proceeds.
§3A-208. Breakage - Distribution of proceeds.
§3A-208.1. Unclaimed winning tickets - Claims - Proceeds.
§3A-208.2. Race meetings conducted by fair associations - Proportions of wagers retained - Licenses.
§3A-208.3. Oklahoma Breeding Development Fund Special Account.
§3A-208.3a. Oklahoma Breeding Development Administration Revolving Fund.
§3A-208.6. True name of horse to be used - Violations.
§3A-208.8. Corrupt acts and practices - Penalties.
§3A-208.9. Compensation for wagering prohibited - Penalties.
§3A-208.11. Administration of drugs or medications - Determination by rule - Penalties.
§3A-208.12. Gaming areas not subject to certain smoking prohibitions - Requirements.
§3A-208.13. Horsemen's Bookkeeper - Records.
§3A-240. Enactment of compact - Provisions.
§3A-251. Local rodeo committees - Acceptance of local entries.
§3A-262. Authorized gaming licenses.
§3A-262.1. Occupation gaming licenses – Independent testing laboratory license.
§3A-263. Distributions and payments by licensees.
§3A-264. Race meetings - Number required.
§3A-265. Transfer of purse money - Agreements - Rescission.
§3A-266. Out-of-state full card simulcast races.
§3A-270. Player terminals - Recording, monitoring and regulating play.
§3A-271. Minimum standards for games.
§3A-272. Audit of game software.
§3A-275. Standards for player terminals.
§3A-276. Electronic accounting systems.
§3A-277. Standards for cashless transaction systems.
§3A-278. Electronic game components - Certification by manufacturer.
§3A-279. Disputes - Collection of data.
§3A-280. Offer of model tribal gaming contract.
§3A-280.1. Non-house-banked table games supplement.
§3A-281. Model Tribal Gaming Compact.
§3A-401. Short title - Purpose - Findings.
§3A-405. Limited charity game activities - Exemptions.
§3A-408. Organization license - Application.
§3A-408.1. Employee or manager license.
§3A-409. Distributor license - Application.
§3A-410. Manufacturer license - Application.
§3A-411. Notice of intention to apply for license - Notice of application to local authorities.
§3A-413. Petition to revoke license.
§3A-414. Licensee records - Reports.
§3A-415. Purchase, sale or disposal of supplies.
§3A-416. Reporting of damaged and winning bingo faces, cards and game sets.
§3A-417. Alcoholic beverages and low-point beer prohibition.
§3A-419. Limitation on prizes.
§3A-420. Sales tax permit required.
§3A-422. Collection and remission of taxes.
§3A-423. Disposition of revenues.
§3A-425. Cease and desist orders - Injunctions - Restraining orders - Administrative fines.
§3A-502. Certain acts and games prohibited - Definitions.
§3A-503. Prizes - Posting of rules and costs.
§3A-603. Rules - Power and duty of Commission.
§3A-604.1. Oklahoma State Athletic Commission – Members - Terms.
§3A-604.3. Withholding of purse.
§3A-605. Administrator - Assistant - Administrative expenses - Conflict of interest.
§3A-606. Sanctioning permits - Exemptions.
§3A-607. Application for sanctioning permit or license - Notice of sanction.
§3A-609. Sanctioning permit required - Prohibition by local ordinance or resolution.
§3A-611. Considerations before issuance of license or sanctioning permit.
§3A-613. Subpoena of witnesses, production of records - Audits - Suspension for just cause.
§3A-614. Notice of violation - Hearing - Orders - Actions.
§3A-615. Penalties - Administrative fines - Injunctions.
§3A-616. Oklahoma State Athletic Commission Revolving Fund - Abolition of fund.
§3A-623. Liability for damages – Ring official physicians.
§3A-624. Licensure – Certified copy of test results.
§3A-704. Oklahoma Lottery Commission – Creation – Office – Venue.
§3A-705. Oklahoma Lottery Commission – Board of Trustees.
§3A-706. Lottery Retailer Advisory Board.
§3A-707. Duties of board of trustees.
§3A-709. Powers of Commission.
§3A-710. Rules – Video lottery machines prohibited.
§3A-711. Powers and duties of executive director.
§3A-712. Personnel – Conflict of interest – Background investigation – Bond.
§3A-714. Encouragement of minority business participation.
§3A-716. Performance bond, letter of credit or securities – Competitive bidding.
§3A-717. Statewide network of lottery retailers – Compensation – Criteria for qualification.
§3A-718. Transfer or assignment of contract – Restriction on sale of tickets and shares.
§3A-721. Personal liability for proceeds – Deposit requirements – Insolvency.
§3A-722. Computation of rental payments for retailer business premises – Percentage of retail sales.
§3A-723. Prices of tickets or shares – Restrictions on sales.
§3A-723.1. Authorized purchase of lottery tickets by officers and employees.
§3A-724. Prizes - Verification of validity of tickets or shares - Unclaimed prize monies.
§3A-724.1. Prize withholding – Delinquent debt to Department of Human Services.
§3A-724.2. Prize withholding - Delinquent debt to Tax Commission.
§3A-724.3. Withholding delinquent debt – Payment – Promulgation of rules.
§3A-724.4. Priority of delinquent debt withholding.
§3A-724.5. Web application for lottery-sponsored and second-chance promotions.
§3A-726. Sale of ticket or share to person under 18 – Penalty.
§3A-728. False statement in application for license or proposal – Penalty.
§3A-729. Intelligence – Sharing agreements with federal government and other agencies – Disclosure.
§3A-732. Issuance of bonds or notes – Trust indentures.
§3A-733. Reports – Records – Audits – Submission of annual operating budget.