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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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STATE OF LOUISIANA <br /> OF LoU DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.0. BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> �ONeioe"'� (225)219-5600 <br /> «o.. FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> May 9, 2022 <br /> Ed J. Fenasci <br /> Executive Director <br /> Louisiana Horsemen's Benevolent & Protective Association 1993, Inc. <br /> 1535 Gentilly Boulevard <br /> New Orleans, Louisiana 70119 <br /> Re: Docket No. 2022-287 <br /> Advisory Opinion <br /> Dear Mr. Fenasci: <br /> The Louisiana Board of Ethics ("Board"), at its meeting on May 6, 2022, considered your request <br /> for an advisory opinion regarding whether the Code of Governmental Ethics ("Code")or any other <br /> provision of law under the jurisdiction of the Board would prohibit Acadiana Practitioners LLC <br /> from entering into a contract with the Louisiana Horsemen's Benevolent&Protection Association <br /> 1993, Inc. ("HBPA"). <br /> FACTS PROVIDED <br /> HBPA was chartered as a 501(c)(6) non-profit corporation in 1993, with its purpose to protect the <br /> interest of the horse owners and trainers, particularly as it relates to their relationships with the <br /> owners and managers of racetracks. More specifically, the HBPA operates with the express <br /> purpose " ... to foster, protect, represent, and promote the welfare and common interest of <br /> thoroughbred and quarter horse owners and trainers, to improve conditions in the horse racing <br /> industry, to improve relationships between horsemen, other members of the racing.industry, and <br /> the general public." HBPA mediates on behalf of individual members when problems arise with <br /> racetrack managerment or the State Racing Commission, negotiates fair distributions at race <br /> tracks,and monitors state and federal legislative developments in the interest of horsemen. HBPA <br /> was not created by the Legislature. <br /> HBPA administers a Medical Benefit Plan with scheduled benefits for its members and their <br /> dependents. Although the HBPA appoints the Board of Trustees for the Medical Benefit Plan and <br /> shares overhead expenses,the Medical Benefit Trust is a separate legal entity with its own funding <br /> sources and operating expenses, separate and apart from HBPA's operations. HBPA receives an <br /> allocation of 4%of purse money for hospital and medical benefits for use and benefit of permittees <br /> and their employees licensed to race horses in Louisiana, pursuant to the parameters established in <br /> La. R.S. 4:183. <br /> HBPA, on behalf of the Medical Benefit Trust, would like to enter into a contract with Acadiana <br /> Practitioners, LLC to provide medical care for HBPA members and employees working in the barn <br /> area of Evangeline Downs Racetrack in St. Landry Parish. State Representative Dustin Miller, <br /> Page 1 of 3 (BD 2022-287) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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