§21.  Records of board deemed open, exceptions

A.(1)  Except as otherwise provided in this Title, records of the board shall be public records and governed by the provisions of R.S. 44:1 et seq.

(2)  A record of the board shall be confidential when the record:

(a)  Relates to the background of an applicant and was provided by a confidential source or informant.

(b)  Relates to security measures of the board, an applicant, or a licensee.

(c)  Consists of an applicant's personal history forms or questionnaires, disclosure forms, or financial statements and records.

(d)  Relates to surveillance and security techniques, procedures, or practices of the board, an applicant, or a licensee.

(e)  Relates to trade secrets or design of experimental gaming devices and equipment.

(f)  Consists of proprietary architectural construction, schematic or engineering plans, blueprints, specifications, computer programs or software, or economic or financial calculations which relate to authorized gaming activities on the premises where authorized gaming activities are conducted or to be conducted.

(g)  Relates to an ongoing investigation of the board into a possible violation by a licensee or permittee, until the board initiates proposed enforcement action against the licensee or the permittee and makes the record public in the course thereof.

(h)  Results from or is part of a board background investigation of an applicant.

B.(1)  Confidential information or data which is obtained by the board may not be revealed in whole or in part except in the course of the proper administration of this Title.  However, the board or its authorized agents may reveal such information or data to an authorized agent of any agency of the United States government or to any agent of this state or of any political subdivision of this state, pursuant to rules and regulations adopted by the board, or pursuant to a lawful order of a court of competent jurisdiction.

(2)  In accordance with rules adopted by the board, records containing information identified in Subparagraph (A)(2)(c) of this Section may be released to the person who submitted the record or his designee.

(3)  Notice of the content of any information or data furnished or released pursuant to Paragraph (1) of this Subsection may be given to the applicant or licensee to whom it pertains in a manner prescribed by rules adopted by the board.

C.  No board member, employee, agent, or authorized representative shall disclose, divulge, disseminate, or otherwise transmit or communicate any confidential board record, reports, or any confidential information therein, except as permitted in this Section and then only with the approval of the board.  Disclosure of any confidential board record, report, or any information therein other than as provided in this Section shall be grounds for removal of a board member or termination of any employee.

D.  All files, records, reports, and other information pertaining to gaming matters in the possession of the Department of Revenue shall be made available to the board as necessary for the regulation of gaming operations and activities as provided by law.  All files, records, reports, and other information necessary to the imposition or collection of taxes in the possession of the board shall be made available to the Department of Revenue.  Such records shall be confidential to the same degree as if they were in the custody of the original agency.

E.  All files, records, reports, and other information pertaining to gaming matters in the possession of the Department of Public Safety and Corrections, office of state police, and otherwise not specifically provided for in this Title shall be made available to the board as necessary for the regulation of gaming activities and operations as provided by law.

F.(1)  The board shall maintain a file of all applications for licenses or permits and requests for all other board actions or approvals received by the board, together with a record of all action taken with respect to those applications and requests.  The file and record shall be open to public inspection.

(2)  The board shall maintain a file of all bids for any contract let or entered into by the board, together with a record of all action taken with respect to those bids.  The file and record shall be open to public inspection.

Acts 1996, 1st Ex. Sess., No. 7, §1, eff. May 1, 1996; Acts 2014, No. 683, §1.