STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6189

October 18, 1983

SCHOOLS AND SCHOOL DISTRICTS:

State Board of Education--vote required to transfer property from one school district to another

STATUTES:

Prospective effect of statute requiring a specific affirmative vote to order a property transfer

1979 PA 70, which amended 1964 PA 287, Sec. 4 to require affirmative action by vote of 5 members of the State Board of Education in order to transfer property from one school district to another, is prospective in effect so that transfers ordered by a majority vote of the Board, a quorum being present, prior to the effective date of its enactment are valid.

Honorable Gary Corbin

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on a question which may be stated as follows:

The State Board of Education, composed of eight members pursuant to Const 1963, art 8, Sec. 3, is authorized by law to determine appeals from the action or nonaction of an intermediate board or joint boards of education on requests to transfer property from one school district to another. The School Code of 1976, 1976 PA 451, Sec. 971; MCLA 380.971; MSA 15.4971, and 1964 PA 287, MCLA 388.1001 et seq; MSA 15.1023(1) et seq; Sec. 10. Prior to the amendment of 1964 PA 287, Sec. 4, supra, by 1979 PA 70, the State Board of Education could transact its business, including determining property transfer appeals, by majority vote of those voting on the question provided that a quorum, i.e., a majority of the members, was present at the meeting. That practice was changed by 1979 PA 70, which amended 1964 PA 287, Sec. 4, supra, to provide:

As observed in OAG, 1979-1980, No 5551, P 362, 363 (August 28, 1979):

The determination of appeals in property transfer cases is a portion of the business which the State Board of Education may perform. Pursuant to 1964 PA 287, Sec. 4, as amended by 1979 PA 70, supra, property transfer appeals may be determined only by an affirmative vote of the majority of the members serving on the State Board of Education. OAG, 1983-1984, No. 6121, p 17 (January 21, 1983), supra.

It is a settled principle of statutory construction that a statute is presumed to operate prospectively unless the Legislature clearly and unequivocally manifests a contrary intent from the context of the statute itself. Mary v Lewis, 399 Mich 401, 414; 249 NW2d 102, 107 (1976); McQueen v Great Markwestern Packing Co, 402 Mich 321, 328; 262 NW2d 820, 822 (1978), and People v Nuss, 405 Mich 437, 450; 276 NW2d 448, 453 (1979). There is no indication in 1979 PA 70, which amended 1964 PA 287, Sec. 4, supra, that the Legislature intended that it should operate retrospectively.

It is my opinion, therefore, that 1979 PA 70, which amended 1964 PA 287, Sec. 4 to require affirmative action by vote of 5 members of the State Board of Education in order to transfer property from one school district to another, is prospective in effect so that transfers ordered by a majority vote of the Board, a quorum being present, prior to the effective date of its enactment are valid.

Frank J. Kelley