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 to this state to protect Louisiana residents and their residences, businesses, and other property, as well as visitors to the state, by reasonably regulating the permitting, licensing, or employment of persons performing gaming activity 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) "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 board. (3) "Division" means the Louisiana Department of Public Safety and Corrections, office of state police, gaming enforcement division. (4) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice. (5) "Permit" means any permit, license, or authorization, or associated application, issued pursuant to the provisions of this Title. (6) "Permittee" means any person who is issued or applying for a permit pursuant to the provisions of this Title. C. (1) Pursuant to this Section, the division 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 division'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. 27:28, 234, 235, 306, 427, and 604. (3) The division shall be entitled to the criminal history record and identification files of the bureau of any person who is permitted, licensed, or employed, or who is applying to be permitted, licensed, or employed. Fingerprints and other identifying information of the applicant shall be submitted to the bureau, and the bureau shall, upon request of the board and after receipt of the fingerprint card and other identifying information from the applicant, make available to the division 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 division shall be available for review by the board and the Louisiana Department of Justice as part of an application for a license, permit, or employment. The authority of this agency directly related to the issuance of licenses or permits is provided for in R.S. 27:15 and 19. E. Criminal history record information shall be considered confidential information under R.S. 27:21, and the board, its members, its employees, and any agent authorized to act on behalf of the board shall use the criminal history record information exclusively to evaluate the applicant's eligibility or disqualification.