Wyo. Code R. 038-0003-5
Effective Date: 02/22/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 038.0003.5.02222023
(a) All laboratory reports are considered confidential and proprietary as provided by Wyoming law.
(b) All skill based amusement games shall be submitted to a nationally recognized, independent gaming laboratory approved by the Commission for certification testing. All gaming laboratories shall be approved by the Commission in advance of the submission of any laboratory reports or certification. An application for laboratory approval may be submitted by a prospective laboratory, vendor, or operator. The application shall include:
(i) A brief accounting of the laboratory's qualifications and experience.
(ii) A written certificate that the laboratory has no financial interest or conflicts under these rules; and
(iii) Any additional information requested in the written laboratory application form prepared by the Commission.
(c) If the skill based amusement game meets or exceeds the specifications set forth in these rules, the independent gaming laboratory approved by the Commission shall certify the skill based amusement game. Vendors are prohibited from offering a skill based amusement game in Wyoming without such certification. The vendor is responsible for all costs associated with testing and obtaining such certifications.
(d) The independent gaming laboratory must produce a general functional evaluation laboratory report regarding the software or hardware installed on each skill based amusement game detailing the testing performed, the analysis, testing results, and have available upon request the backup information used in the testing process.
(e) The Commission shall evaluate the laboratory report and determine if the game meets the requirements of a skill based amusement game prior to approving the submission. This final determination of whether a submission meets the requirements to qualify as a skill based amusement game shall be made by the Commission, and not the independent gaming laboratory.
(f) A report and certification shall certify with specificity that the skill based amusement game in question complies with each requirement contained in Wyoming's definition for skill based amusement games. The Commission shall maintain all trade secrets, privileged patent information, or proprietary information in their possession in a confidential manner.
(g) The Commission may require additional testing. Whether the additional testing is performed by the original independent gaming laboratory or another separate qualified independent gaming laboratory is to be determined by the Commission. Additional testing will be required when the Commission determines that it is necessary to ensure the integrity or proper functioning of the skill based amusement game because of the existence of one or more of the following:
(i) Inconclusive initial test results;
(ii) A need to establish repeatability of test results; or
(iii) A need to determine compatibility with components other than those tested.
(a) The independent gaming laboratory's general function evaluation for each skill based amusement game will include, but not necessarily be limited to, the following elements:
(i) Source Code Review – The independent gaming laboratory will require full software source code to be provided for review to ensure that all functionality is documented by the game rules presented to the user and there are no hidden features in the game that are not explained in the artwork or game rules;
(ii) Software Compilation and Signature Verification – The independent gaming laboratory will require capabilities to compile all provided source code, whether by remotely supervised compilation with the manufacturer, through a provided development environment, or other alternate methods which may facilitate positive identification of provided source to the system software images submitted;
(iii) Submitted Documentation Review – The independent gaming laboratory will review all documentation submitted by the manufacturer regarding functionality of the game, including return to player calculation and odds/payout sheets for each submitted game theme, as well as any associated documentation regarding game play, features, bonuses, progressive prize configurations, etc.;
(iv) Artwork and Game Rules Review – The independent gaming laboratory will review all artwork and game rules to ensure that the content is complete, accurate, not misleading, and that it properly states the rules of the game and states the awards which will be paid upon obtaining a specific winning combination;
(v) Game Functionality Review – The independent gaming laboratory will ensure that a game operates as described, intended, and expected to ensure the play limits established by the statutes can be met;
(vi) Game Emulation Testing – The independent gaming laboratory will verify the accuracy of game pays and outcomes by forcing specific game outcomes using an emulation tool;
(vii) Game Mathematics Review – The independent gaming laboratory will validate game outcome and associated winning combinations against the manufacturer’s documentation or other information containing the combinations and appropriate pays;
(viii) Game Accounting Review – The independent gaming laboratory will verify the integrity and accuracy of a game’s accounting meters to ensure that information needed to calculate revenue and taxation is accurate; and
(ix) Game Interruption and Recovery Testing – The independent gaming laboratory will verify whether a game will respond properly to a series of possible game interruption scenarios.
(a) No skill based amusement game shall allow a game play of more than three dollars ($3.00) per play. A player shall not be exposed to the risk of losing at any one time, credits of a total value exceeding three dollars ($3.00).
(b) No skill based amusement game shall allow a payout of more than three thousand dollars ($3,000.00) per play. The skill based amusement game may award free games or free plays only if a method is in place to ensure an aggregated payout in excess of three thousand dollars ($3,000.00) cannot occur.
(c) For the purposes of this section:
(i) Bonus or feature games which do not require extra payment to continue shall be considered as part of the primary game in which they were awarded or triggered; and
(ii) Bonus or feature games which require extra payment to continue shall not be considered as part of the initial game in which they were awarded or triggered.
(d) Skill based amusement games shall accept cash or cash vouchers only.
(e) A skill based amusement game shall not depict content that:
(i) Is derived from or based on a product that is currently and primarily intended or marketed for use by persons under twenty-one (21) years of age, or
(ii) Depicts a subject or material that:
(A) Is sexually explicit; or
(B) Offensively portrays persons based on race, religion, national origin, gender, or sexual preference.
(a) Except as provided in Section 3, any critical alterations, modifications, or updates to the major components or parts of any skill based amusement game shall require the vendor to submit to the Commission a new laboratory report as required under Section 1, before the game may be used for play at an establishment.
(b) The vendor shall provide the Commission with their software control measures and operational plans as it relates to installation of software. The plan shall be reviewed and must receive Commission approval prior to implementation. The intention is to track and verify that all software installed on skill based amusement games are compliant with the statutes and rules promulgated while protecting the public interest.
(c) Following receipt of the laboratory report, the Commission shall make a finding that the modification will:
(i) Maintain or advance the skill based amusement game’s compliance; and
(ii) Not detract from, compromise, or prejudice the proper functioning, security, or integrity of the skill based amusement game.
(a) The Commission, in its discretion, may permit the modification of previously approved components to be made available for play without prior laboratory testing or review if the modified hardware or software is necessary to correct a problem affecting the fairness, security, or integrity of a game.
(b) If the Commission authorizes modified components to be made available for play or use without prior independent gaming laboratory review, the Commission must thereafter require the vendor to immediately:
(i) Advise other users of the same components of the importance and availability of the update; and
(ii) Submit the new or modified components to an independent gaming laboratory for testing and certification as required under Section 1.
(a) The Commission may procure a central monitoring system for skill based amusement games, which shall be linked to a communication network. The central monitoring system shall be administered by the Commission and shall allow for the accounting, reporting, monitoring, and reading of skill based amusement game activity to assist the Commission in determining compliance with, and enforcing, the provisions of these rules.
(b) Prior to being launched, the Commission shall notify all vendors of the date by which the vendors and operators of skill based amusement games must be linked to the central monitoring system.
(c) The Commission shall provide the vendors and operators the technical specifications required for proper connectivity.
(d) All statewide skill based amusement games must be connected to the centralized monitoring system within six (6) months of the date of notification.
(e) The centralized monitoring system shall not provide for the monitoring or reading of personal or financial information concerning patrons.
(f) Any attempt by a vendor or operator to evade or alter the information provided to the central monitoring system shall be subject to disciplinary action.