Authority to obtain criminal history record information

A. The legislature hereby finds and declares that it is vitally important to the public safety, interest, and welfare of the state to protect Louisiana residents and their residences, businesses, and other property, as well as visitors to the state, by reasonably regulating the licensing of persons participating in the horse racing industry in the state. B. As used in this Section: (1) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections. (2) "Commission" means the Louisiana State Racing Commission. (3) "Criminal history record information" means all state records of arrest, prosecution, and conviction, including those that have been expunged or dismissed pursuant to Code of Criminal Procedure Articles 893 and 894, and national records which include fingerprints of the applicant and other identifying information, if so requested by the commission. (4) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice. (5) "Licensee" means any person, partnership, corporation, or business entity receiving a license, permit, or privilege from the commission to conduct a race meeting or meetings. C. (1) Pursuant to this Section, the commission may request and obtain state and national criminal history record information from the bureau and the FBI regarding each applicant. (2) Notwithstanding Paragraph (1) of this Subsection, the commission's use of fingerprints shall be for the limited purpose of determining the eligibility of each applicant and conducting directly related matters in accordance with the suitability standards outlined in R.S. 4:150. (3) The commission shall be entitled to the criminal history record and identification files of the bureau of any person who is licensed or who is applying to be licensed. Fingerprints and other identifying information of the applicant shall be submitted to the bureau, and the bureau shall, upon request of the commission and after receipt of the fingerprint card and other identifying information from the applicant, make available to the commission all arrest and conviction information contained in the bureau's criminal history record and identification files. In addition, the fingerprints shall be forwarded by the bureau to the FBI for a national criminal history record check. (4) In accordance with the authority provided for in this Chapter, the costs of providing the information required by this Section shall be charged by the bureau, as specified in R.S. 15:587, for furnishing information contained in the bureau's criminal history record and identification files, including any additional costs of providing the national criminal history record check, which pertains to the individual. All costs or fees for furnishing the information may be imposed on the individual. D. All criminal history record information obtained by the commission shall be available for review by the Louisiana Department of Justice as part of an application for a license. The authority of this agency directly related to the issuance of licenses is provided for in R.S. 4:146.