00-0296
Summary Information Not Available
Cite as La. Att'y Gen. Op. No. 00-0296
September 28, 2000
OPINION NUMBER 00-296
Sheila Clark
Secretary-Treasurer
Catahoula Parish Police Jury
P.O. Box 258
Harrisonburg, Louisiana 71340
Dear Ms. Clark:
This office is in receipt of your opinion request regarding a new Health Unit
facility for the parish. In your request you state that the Catahoula Parish Police
Jury is presently in the planning stages to construct a new Health Unit facility for
the parish. You specifically request an opinion from this office as to whether
there are any laws that state that this new Health Unit facility would have to be
located in the parish seat.
In answer to your question LSA-R.S. 40:12 states,
"Each parish of the state shall provide a health unit or department.
These units or departments shall be known as parish health units."
Additionally, and more specific to your question, LSA- R.S. 40:19 states,
"All parish health units shall have their legal domicile in the parish
seat of its particular parish."
In Opinion No. 00-89, also addressed to the Catahoula Parish Police Jury, our
office stated that satellite parish health units were permissible. That opinion also
stated, "Thus, as Harrisonburg is the parish seat of Catahoula Parish it is the
proper domicile of the health unit."
Residence and domicile are not synonymous, and a person can have several
residences, but only one domicile. David v. Glen Eagle Ship Management Corp.,
App. 4 Cir.1997, 97-0878 (La.App. 4 Cir. 8/27/97), 700 So.2d 228; Gauthier v.
Benson, App. 4 Cir.1996, 95-1730, 95-2470 (La.App. 4 Cir. 1/11/96, 667 So.2d
1181, writ denied 96-0275 (La. 2/9/96), 667 So.2d 545; Wilson v. Butler, App. 1
Cir.1987, 513 So.2d 304.
Unlike domicile, one may have more than one residence. Martin v. Willis, App. 2
Cir.1991, 584 So.2d 1192, writ denied 590 So.2d 589.
49 -
HEALTH - Louisiana State Board of Health
including parish boards of health
90 -
POLICE JURIES - Powers & Functions
88 -
POLICE JURIES - In General
LSA-R.S. 40:19
Parish Health Unit facility must be domiciled in the parish
seat of the parish.
OPINION NUMBER 00-296
Sheila Clark
Page - 2 -
Considering the above, it is the opinion of this office that a parish health unit must
be domiciled or located in the parish seat, but satellite health units may be
located outside the parish seat.
I hope that the above addresses your concerns. Should you have any questions
or comments please do not hesitate to contact our office.
Yours very truly
RICHARD P. IEYOUB
BY:
_____________________________
CHARLES H. BRAUD, JR.
Assistant Attorney General
RPI: CHB, Jr./mjb
OPINION NUMBER 00-296
Sheila Clark
Page - 3 -
SYLLABUS
49 -
HEALTH - Louisiana State Board of Health including parish boards of
health
90 -
POLICE JURIES - Powers & Functions
88 -
POLICE JURIES - In General
LSA-R.S. 40:19
Parish Health Unit facility must be domiciled in the parish seat of the parish.
Sheila Clark
Secretary-Treasurer
Catahoula Parish Police Jury
P.O. Box 258
Harrisonburg, Louisiana 71340
Date Received:
Date Released: September 28, 2000
CHARLES H. BRAUD, JR.
Assistant Attorney General