Bill Text: MI SB1051 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Education; board members; board members to abstain from voting on financial issues or contracts when a conflict of interest exists; require, and require certain other disclosures of conflicts. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1203.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0606'12 With Immediate Effect [SB1051 Detail]
Download: Michigan-2011-SB1051-Engrossed.html
SB-1051, As Passed Senate, November 8, 2012
SUBSTITUTE FOR
SENATE BILL NO. 1051
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1203.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1203. (1) A member of the board of a school district or
intermediate school district or board of directors of a public
school academy who believes or has reason to believe that he or she
has a conflict of interest with regard to a contract or other
financial transaction that requires the approval of the board or
board of directors shall abstain from voting on the contract or
other financial transaction and shall disclose the specific
conflict of interest. A member of the board of a school district or
intermediate school district or board of directors of a public
school academy is presumed to have a conflict of interest if the
member or his or her family member has a financial interest, or a
competing financial interest, in the contract or other financial
transaction or is an employee of the school district, intermediate
school district, or public school academy.
(2) A person serving as the legal counsel to the board of a
school district or intermediate school district or board of
directors of a public school academy, or otherwise acting as an
advisor or consultant to the board or board of directors, who
believes or has reason to believe that the person has a conflict of
interest with regard to a contract or other financial transaction
that requires the approval of the board or board of directors shall
disclose the conflict of interest to the board or board of
directors before the vote on the contract or other financial
transaction. A person serving as the legal counsel to the board of
a school district or intermediate school district or board of
directors of a public school academy or otherwise acting as an
advisor or consultant to the board or board of directors is
presumed to have a conflict of interest if the person or his or her
family member has a financial interest, or a competing financial
interest, in the contract or other financial transaction.
(3) For the purposes of this section, if a member of the board
of a school district or intermediate school district or board of
directors of a public school academy, or a person serving as the
legal counsel to the board or board of directors, has a child who
is a pupil of the school district, intermediate school district, or
public school academy, that relationship alone does not constitute
a conflict of interest or financial interest in a contract or other
financial transaction of the school district, intermediate school
district, or public school academy.
(4) The provisions of this section are in addition to other
provisions of law concerning conflicts of interest that apply to
school districts, intermediate school districts, and public school
academies.
(5) As used in this section, "family member" means a person's
spouse or spouse's sibling or child; a person's sibling or
sibling's spouse or child; a person's child or child's spouse; or a
person's parent or parent's spouse, and includes these
relationships as created by adoption or marriage.
