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2022-287
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Entry Properties
Last modified
4/1/2024 8:39:12 AM
Creation date
5/9/2022 9:08:41 AM
Metadata
2022-287
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-287
Requesting Party
Ed J. Fenasci
Parties Involved
Representative Dustin Miller
Acadiana Practitioners, LLC
Louisiana Horsemen's Benevolent & Protection Association 1993, Inc.
Evangeline Downs Racetrack
Agency at Issue
St. Landry Parish
Louisiana Legislature
Decision Date
5/6/2022
Law
1113D(1)(a)
1113D(1)(a)(iii)
1113D(1)(a)(v)
27:373A(2)
27:353(7)
27:353(6)
Caption
Advisory opinion that the Code of Ethics does not prohibit a legislator or his company from contracting with the Louisiana Horsemen's Benevolent & Protection Association 1993, Inc., and the Gaming Control Law does not prohibit a legislator or his company from contracting with the Louisiana Horsemen's Benevolent & Protection Association 1993, Inc. to provide medical services; however, the Gaming Control Law would prohibit a legislator from providing compensated medical services to a person that holds a license issued pursuant to the Pari-Mutuel Live Racing Facility Economic Redevelopment and Gaming control Act.
Ethics Subject Matters
Prohibited Contracts
Gaming Subject Matters
Prohibited Activity
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La. R.S. 27:353(7) defines "licensee" to mean any person issued a license by the Louisiana <br /> Gaming Control Board. <br /> La. R.S. 27:353(6) defines "license" to mean the authorization applied for by or issued to the <br /> owner of an eligible facility by the Louisiana Gaming Control Board to conduct slot machine <br /> gaming at an eligible facility issued pursuant to to the provisions of this Chapter. "License" also <br /> means the authorization issued by the board to a slot machine owner, a manufacturer, distributor, <br /> or a service technician to participate in slot machine gaming operations at eligible facilities. <br /> ANALYSIS <br /> The HBPA is not a licensee within the definition of R.S. 27:353. Therefore, Rep. Miller and <br /> Acadiana Practitioners, LLC are not prohibited by R.S. 27:373A(2) from entering into a contract <br /> with HBPA to provide medical services. However, the Board cautions that Rep. Miller and <br /> Acadiana Practitioners,LLC would be prohibited by R.S. 27:373A(2)from entering into a contract <br /> with Evangeline Downs Racetrack to provide services, since it holds a license issued by the <br /> Louisiana Gaming Control Board. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform, that R.S. 42:1113D does not prohibit Rep. <br /> Miller and Acadiana Practitioners LLC from entering into a contract with HBPA. The Board also <br /> concluded that La. R.S. 27:373A(2)does not prohibit Rep. Miller and Acadiana Practitioners LLC <br /> from entering into a contract with HBPA to provide medical services. However, Rep. Miller is <br /> prohibited by R.S. 27:373A(2) from providing compensated medical services to a person who <br /> holds a licensed issued pursuant to the Pari-Mutuel Live Racing Facility Economic Redevelopment <br /> and Gaming Control Act. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions, please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA ARD OF ETHICS <br /> Vth&en�M. Allen <br /> For the Board <br /> Page 3 of 3 (BD 2022-287) <br />
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