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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5730

June 26, 1980

COLLEGES AND UNIVERSITIES:

Reimbursement of nonpublic colleges and universities for earned degrees

WORDS AND PHRASES:

'Michigan resident'

Approved nonpublic institutions of higher education may be reimbursed for earned degrees conferred upon Michigan residents who have resided for a period of not less than 18 months without interruption immediately prior to first enrollment in the specified degree program at the nonpublic college or university.

The Honorable Dennis M. Hertel

State Representative

The Capitol

Lansing, MI 48909

Dear Representative Hertel:

You have requested my opinion on the following question:

In those cases under 1974 PA 75, Sec. 1(3) where a person was not a resident of the State at the time of graduation from high school, must the 18 months of residency required in Sec. 1(3) be both consecutive and immediately prior to the first enrollment in a specified degree program in an approved nonpublic institution of higher education?

1974 PA 75; MCLA 390.1021 et seq; MSA 15.2097(201) et seq, provides for certain payments to approved nonpublic institutions of higher education for earned degrees conferred on Michigan residents.

1974 PA 75, supra, Sec. 1(3), as amended by 1976 PA 59, provides:

'For the purpose of this act, a 'Michigan resident' means a person who was a resident of the state at the time of graduation from high school or for a minimum of 18 months prior to the first enrollment in the specified degree program.'

1974 PA 75, Sec. 1(3), supra, defines 'Michigan resident' for the purpose of the act. Originally, 'Michigan resident' was defined by the act as a person who was a resident of Michigan at the time of graduation from high school. By 1976 PA 59, section 1(3) was amended by adding the alternative requirement of 18 months residency prior to first enrolling in the specified degree program.

In determining the legislative intent behind a statute, consideration must be given to the construction given by those charged with its execution. Magreta v Ambassador Steel Company, 380 Mich 513, 519; 158 NW2d 473 (1968). The State Board of Education has interpreted the amendment to 1974 PA 75, Sec. 1(3), supra, to mean 18 consecutive months of residency immediately prior to first enrollment in the specified degree program. Such construction is entitled to the most respectful consideration and ought not to be overruled without cogent reasons. Oakland Board of Education v Superintendent of Public Instruction, 401 Mich 37, 41; 257 NW2d 73 (1977). This construction of the statute by the State Board of Education is a reasonable interpretation of the legislative intent.

This construction is supported by the analagous decision in Commonwealth, ex rel Adams v Stephens, 345 PA 436; 28 A2d 924 (1942), which construed the statutory language 'at least four years prior to his election' to mean immediately prior to his election.

It is, therefore, my opinion that the alternative definition of Michigan resident for the purposes of 1974 PA 75, Sec. 1(3), supra, was intended by the legislature to require that the 18 months of residency be without interruption immediately prior to the first enrollment in the specified degree program in a nonpublic college or university.

Frank J. Kelley

Attorney General


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