Montana Attorney General Opinion 15-497

Opinion No. 497, ReIief-TempOl-ary Relief-Residence -Intent and Act. HELD: Chapter 19, Laws of the Ex- traOl'dinary Session, 1933, authorizes temporary relief to anyone on applica- tion, but permanent relief only to per- sons who have resided in the county for not less than one year next precell- ing the date of application. "Residence", within the meaning of the Act, can only, under Section 33 (7), R. C. ~f., 1921, be gained for purposes of relief under Chapter 19, supra, b~' the union of the act and intent of re- siding within the county and state; and the "intent" there referred to must be determined by the facts and cir- cllmstanees involved in the particular case under consideration. March 13, 1934. We acknowledge receipt of yours of the 7th enclosing copy of an opinion ~'ou rendered your board of county commissioners relative to the obliga- tions of the county for the eare ami maintenance of indigent non-resident~ and you advise that the board has re- quested that such opinion be submitted to this office for approval. Sections 4531. 4532, and 4533, R. C. M., 1921, have been amended at vari- OilS times, but were amended at length by Chapter 19 of the Extraordinary Session of the Legislature of 1933-1934 amI now provide as follows: "Section 4531. Application of Per- sons Seeking Relief. Any person seeking relief must make application to any member of the Board, who, lllay grant an order for temporary re- lief, but before granting any perma- n(nt order for relief, must require 3atisfactory evidence that he has been It resident of the county for one (1) year immedia tely preceding the day ufton which applieation is made and properly sign a document permitting the count~' and its representatives to inyestigate their financial condition in any way it, or they, see fit, includ- ing inquiry of individuals, hanks, building and loan associations, insur- ance companies, United States Postal Savings Department, and request and authorize any and every indiyidual, institution and department to impart unto said county or its representatives any information it, or they, may de- sire. "Section 4532. Persons Belonging to Another Countv to Be Remm'ed. 'Vhen application "is made, if it ap- pears to the satisfaction of the Board that the person applYing has resided in the county for one (1) year, he is entitled to the relief provided by this chapter; but if on examination it ap- OPIXIO~S OF THl,] ATTOR~EY GE~ERAL 341 pears that the applicant is a resident of some other county of the state, the Board mar provide him with trans- portation funds to move to the county of which he is a resident. "Section 4533. Non-Residents Fur- nished Temporary Relief. Persons who have not been resident of a coun- ty one (1) year mllY be furnished re- lief by the Commissioners in cases of extreine necessity and destitution." It "ill be noted that the new act au- thorizes temporary relief to an~' one on application. but permanent relief only to persons who haye resided in the CO~11lt~· for not less than one year next preceding the date of application. 'Vho is a "resident" under the pro- dsions of the act is in some doubt, and the authorities gi,e definitions that are not readily reconciled. 19 C. .T. at page 396 says: "That there is a difference in meaning between 'resi- dence' and 'domicile' is shown by the fact that a person may have his resi- <Ience in one place while his domicile is in another." Residence is said. by the same authority, to be of a more temporar~' character than domicile, but Section 33. R. C. M., 1921, appears to give the word "residence" the same ]lermanent character as most authori- ties give to "domicile." Chapter 102, Laws of 1931, Section 2, relating to giving preference in the employment of bona fide residents on public impro\'ement work, provides in part as follows: "A bona fide resident of Montana is herehy declared to be a person, who :1t the time of his said employment and immediately prior thereto, has lived in this State in such a manner and for such time as is suf- ficient to clearly justify 'the conclusion that his past habitation in this State has been coupled with intention to make it his home. Sojourners, or per- sons who come to Montana solely in pursuance of any ('on tract or agree- ment to perform such labor, shall un- d!'r no circumstance be deemed to be bona fide residents of Montana within tllf' meaning and for the purpose of this Act." This. however, is a special act and is cited here merely to show the trend of legislation on the subject. Subdivision 7 of Section 33, R. C. M. 1921, provides that "residence can be changed otily by the union of act and intent" and appears to be detennina- ti"e of the question in this state. The "intent" there referred to must be de- te!"l1lined by the facts and circum- stances involved in the particular case under consideration.