§147.3. 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.
Acts 2026, No. 494, §1.