Reprinted
January 28, 2000
HOUSE BILL No. 1380
_____
DIGEST OF HB 1380
(Updated January 27, 2000 2:25 PM - DI 71)
Citations Affected: IC 20-12; IC 23-13; noncode.
Synopsis: Faculty member on university boards. Requires that a
member of the faculty be elected as a nonvoting member of the board
of trustees of Indiana's state-assisted institutions of higher education.
Specifies that the faculty trustee at each institution must be elected to
a three year term beginning July 1, 2001, by the members of the faculty
who hold the rank of assistant professor or higher (except for the
faculty trustee of Purdue University, who must be elected by the faculty
senate). Establishes a procedure for the election of the faculty trustee
member at state educational institutions.
Effective: July 1, 2000.
Adams T, Munson, Bardon, Kersey
,
Kruzan
January 11, 2000, read first time and referred to Committee on Education.
January 24, 2000, reported _ Do Pass.
January 27, 2000, read second time, amended, ordered engrossed.
Reprinted
January 28, 2000
Second Regular Session 111th General Assembly (2000)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 1999 General Assembly.
HOUSE BILL No. 1380
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-12-23-2; (00)HB1380.2.1. -->
SECTION 1. IC 20-12-23-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. The board of trustees
of the state university shall be
nine (9) ten (10) in number, of whom
not more than two (2), excluding the student trustee appointed pursuant
to IC 20-12-24-3.5
and the nonvoting faculty trustee elected under
IC 20-12-24-3.6, shall reside in the same county; and they and their
successors shall be a body politic, with the style of "The Trustees of
Indiana University"; in that name to sue and be sued; to elect one (1)
of their number president; to elect a treasurer, secretary, and such other
officers as they may deem necessary, to prescribe the duties and fix the
compensation of such officers; to possess all the real and personal
property of such university for its benefit; to take and hold, in their
corporate name any real or personal property for the benefit of such
institution; to expend the income of the university for its benefit; to
declare vacant the seat of any trustee who shall absent himself from
two (2) successive meetings of the board, or be guilty of any gross
immorality or breach of the bylaws of the institution; to elect a
president, such professors and other officers for such university as shall
be necessary, and prescribe their duties and salaries; to employ other
persons as necessary; to establish programs of fringe benefits and
retirement benefits for the university's officers, faculty, and other
employees that may be supplemental to or in lieu of state retirement
programs established by statute for public employees; to prescribe the
course of study and discipline and price of tuition in such university;
and to make all bylaws necessary to carry into effect the powers hereby
conferred.
SOURCE: IC 20-12-23-4; (00)HB1380.2.2. -->
SECTION 2. IC 20-12-23-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. Five (5) Six (6) of
such trustees shall constitute a quorum; and, in case an emergency is
declared by the faculty, after there shall have been a called session, at
which the other members failed to attend, the three (3) trustees residing
in the county of Monroe may fill vacancies in the faculty of the
university and the board of trustees; and, in case there should not be
three (3) trustees in attendance upon such emergency, then those that
are in attendance, together with such members of the faculty as may be
in attendance, shall fill such vacancies; but appointments thus made
shall expire at the next meeting of the board.
SOURCE: IC 20-12-24-3.6; (00)HB1380.2.3. -->
SECTION 3. IC 20-12-24-3.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 3.6. One (1) member of the board
of trustees shall:
(1) be a member of the faculty of Indiana University who
holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all
Indiana University employees who hold the rank of assistant
professor or higher;
(3) serve a three (3) year term beginning July 1, or if a
vacancy occurs for the remainder of the unexpired term of the
previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Indiana University; and
(5) not be entitled to vote as a member of the board of
trustees.
SOURCE: IC 20-12-37-1; (00)HB1380.2.4. -->
SECTION 4. IC 20-12-37-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. The board of trustees
of Purdue University shall consist of ten (10) eleven (11) members, to
be appointed or elected for such term of service and in such manner as
is herein provided, and that the terms of all trustees shall terminate on
the first day of July of the year in which their terms of office expire.
SOURCE: IC 20-12-37-2; (00)HB1380.2.5. -->
SECTION 5. IC 20-12-37-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) The governor of
the state of Indiana shall appoint ten (10) trustees for Purdue University
for the term beginning on the first day of July, which trustees and their
successors shall be appointed as hereinafter provided. In addition, one
(1) nonvoting member of the Purdue University board of trustees
shall be elected under subsection (b).
(b) One (1) member of the board of trustees shall:
(1) be a member of the faculty of Purdue University who holds
the rank of assistant professor or higher;
(2) be elected by secret ballot by the Purdue University faculty
senate;
(3) serve a three (3) year term beginning July 1, or if a
vacancy occurs for the remainder of the unexpired term of the
previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Purdue University; and
(5) not be entitled to vote as a member of the board of
trustees.
SOURCE: IC 20-12-56-3; (00)HB1380.2.6. -->
SECTION 6. IC 20-12-56-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The Indiana State
University board of trustees shall be composed of
nine (9) ten (10)
trustees. The governor shall appoint to the board seven (7) competent
persons, one (1) of whom must be a student, and two (2) additional
competent persons, alumni of the university, nominated by the alumni
council of the university, shall be appointed by the governor. There
shall be one (1) or more women on the duly constituted board.
One (1)
nonvoting member of the board of trustees shall be a member of
the faculty of Indiana State University elected under subsection (d).
(b) All trustees and their successors shall be appointed for terms of
four (4) years, except:
(1) the student member, who shall be appointed for two (2) years
during which time
he the member must be a full-time student of
Indiana State University;
and
(2) the faculty member, who shall be appointed for three (3)
years.
(c) To aid the governor in the selection of the student member, a
search and screen committee is created consisting of one (1)
representative of the governor and at least four (4) students chosen by
the elected student government representatives of the student body. The
committee shall establish the mode and criteria to be used in the
selection of student nominees to serve on the board of trustees. The
committee shall submit a list of at least ten (10) names to the governor
for his the governor's consideration. The governor shall select one (1)
of these names for appointment as a trustee of the university in
accordance with the provisions of this chapter.
(d) One (1) member of the board of trustees shall:
(1) be a member of the faculty of Indiana State University
who holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all
Indiana State University employees who hold the rank of
assistant professor or higher;
(3) serve a three (3) year term beginning July 1, or if a
vacancy occurs for the remainder of the unexpired term of the
previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Indiana State University;
and
(5) not be entitled to vote as a member of the board of
trustees.
(e) All members appointed to the board shall be residents of the
state of Indiana and citizens of the United States of America. The
alumni members appointed to the board shall have completed a
prescribed course of study by Indiana State University or its
predecessors, Indiana State Normal School, Indiana State Teachers
College, or Indiana State College.
(f) Except as provided by subsection (d), all vacancies occurring
in the board from death, resignation, or removal from the state shall be
filled by appointment by the governor for the unexpired term of the
retiring member, subject to the provision that the alumni council of the
university shall nominate the appointee to fill a vacancy caused by the
loss of an alumni member.
SOURCE: IC 20-12-57.5-2; (00)HB1380.2.7. -->
SECTION 7. IC 20-12-57.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2.
(Board of Trustees:
Membership) (a) The Ball State University board of trustees shall be
composed of
nine (9) ten (10) members,
nine (9) of whom shall be
appointed by the governor
pursuant to the provisions of under this
chapter.
Of the nine (9) members appointed by the governor, six (6)
of whom shall be appointed at large, two (2)
of whom shall be
appointed as alumni of Ball State University, and one (1)
of whom shall
be appointed as a Ball State University student.
One (1) nonvoting
member of the board of trustees shall be a member of the faculty
of Ball State University elected under subsection (d).
(b) Within the nonstudent board membership, not more than six (6)
shall be of the same sex and not less than one (1) shall be a resident of
and reside in Delaware County, Indiana.
(c) To aid the governor in the selection of the student member, a
search and screen committee is created consisting of one (1)
representative of the governor and at least four (4) students chosen by
the elected student government representatives of the student body. The
committee shall establish the mode and criteria to be used in the
selection of student nominees to serve on the board of trustees. The
committee shall submit a list of at least ten (10) names to the governor
for his the governor's consideration. The governor shall select one (1)
of these names for appointment as a trustee of the university in
accordance with the provisions of under this chapter.
(d) One (1) member of the board of trustees shall:
(1) be a member of the faculty of Ball State University who
holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all Ball
State University employees who hold the rank of assistant
professor or higher;
(3) serve a three (3) year term beginning July 1, or if a
vacancy occurs for the remainder of the unexpired term of the
previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Ball State University; and
(5) not be entitled to vote as a member of the board of
trustees.
SOURCE: IC 20-12-57.5-8; (00)HB1380.2.8. -->
SECTION 8. IC 20-12-57.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. (a) With the
exception of the student member of the board, Except as provided in
subsection (b) and section 2(d) of this chapter, all appointments to
the board of trustees are for four (4) year terms. Each term of a
nonstudent board member begins on January 1 of the appropriate year.
Each member shall serve until his the member's successor is
appointed and qualified.
(b) The student member of the board of trustees who is appointed
under section 2 of this chapter is appointed for a two (2) year term. His
The student member's term begins on July 1 of the year in which he
the student is appointed. The student member of the board must be a
full-time student at Ball State University throughout his the student
member's term.
SOURCE: IC 20-12-57.5-9; (00)HB1380.2.9. -->
SECTION 9. IC 20-12-57.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9.
(Board: Vacancies)
Except as provided by section 2(d) of this chapter, all vacancies
occurring on the board of trustees from death, incapacitation, or
resignation shall be filled by appointment of the governor for the
unexpired term. Vacancies in offices held by alumni members shall be
filled from nominees submitted by the alumni council.
SOURCE: IC 20-12-61-4; (00)HB1380.2.10. -->
SECTION 10. IC 20-12-61-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) Ivy Tech State
College shall be governed by a board of trustees, composed of thirteen
(13) fourteen (14) members. Thirteen (13) members shall be
appointed by the governor, and one (1) nonvoting member of the
faculty of Ivy Tech State College shall be elected under subsection
(b). Each member of the state board must have knowledge or
experience in one (1) or more of the following areas:
(1) Manufacturing.
(2) Commerce.
(3) Labor.
(4) Agriculture.
(5) State and regional economic development needs.
(6) Indiana's educational delivery system.
At least one (1) trustee must reside in each region established under
section 9(4) of this chapter. Except for the elected faculty member
under subsection (b), appointments shall be for three (3) year terms,
on a staggered basis.
(b) One (1) nonvoting member of the board of trustees shall:
(1) be a member of the faculty of Ivy Tech State College who
holds the rank of assistant professor or higher;
(2) be elected by secret ballot by all Ivy Tech State College
employees who hold the rank of assistant professor or higher;
(3) serve a three (3) year term beginning July 1, or if a
vacancy occurs for the remainder of the unexpired term of the
previous faculty trustee; and
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Ivy Tech State College.
(b) (c) No one who holds an elective or appointed office of the state
is eligible to serve as a member of the state board. A member of a
regional board may be appointed to the state board, but must then
resign from the regional board.
SOURCE: IC 20-12-61-6; (00)HB1380.2.11. -->
SECTION 11. IC 20-12-61-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a)
Except as
provided by section 4(b) of this chapter, the governor shall fill all
vacancies on the state board. Each trustee appointed to fill a vacancy
shall represent the same region as
his the trustee's predecessor.
(b) If a vacancy occurs on the state board, the regional board for the
region in which the former member resided may recommend to the
governor one (1) or more qualified persons to fill the vacancy.
SOURCE: IC 20-12-64-7; (00)HB1380.2.12. -->
SECTION 12. IC 20-12-64-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) The board
consists of nine (9) ten (10) members who shall serve staggered terms
of four (4) years. However:
(1) the student member required by subsection (c) shall serve a
term of two (2) years; and
(2) the nonvoting faculty member elected under subsection (d)
shall serve a term of three (3) years.
(b) Each member of the board must be a citizen of the United States
and a resident of Indiana.
(c) The board must include at least the following:
(1) One (1) member who is an alumnus of the university or an
alumnus of the regional campus.
(2) One (1) member who is a full-time student in good standing
enrolled in the university.
(3) One (1) member who is a resident of Vanderburgh County.
(4) One (1) member who is a member of the faculty of the
university as provided by subsection (d).
(d) One (1) member of the board of trustees shall:
(1) be a member of the faculty of the University of Southern
Indiana who holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all
employees of the University of Southern Indiana who hold the
rank of assistant professor or higher;
(3) serve a three (3) year term beginning July 1, or if a
vacancy occurs for the remainder of the unexpired term of the
previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of the University of Southern
Indiana; and
(5) not be entitled to vote as a member of the board of
trustees.
SOURCE: IC 20-12-64-8; (00)HB1380.2.13. -->
SECTION 13. IC 20-12-64-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. Except as provided
by section 7(d) of this chapter, the governor shall appoint the
members of the board. If a vacancy occurs during the term of any
member that was appointed by the governor, the governor shall
appoint an individual to serve the unexpired term of the vacating
member.
SOURCE: IC 20-12-64.5; (00)HB1380.2.14. -->
SECTION 14. IC 20-12-64.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]:
Chapter 64.5. Election of Faculty Trustee Members at State
Educational Institutions
Sec. 1. As used in this chapter, "committee" refers to a trustee
election committee established by section 5 of this chapter.
Sec. 2. As used in this chapter, "faculty organization" refers to
the organization in the governance structure of a state educational
institution that:
(1) is composed of faculty members; and
(2) may include other university personnel who are not faculty
members.
Sec. 3. As used in this chapter "faculty trustee member" refers
to the member of the faculty who serves on the board of trustees or
similarly named governing body of a state educational institution.
Sec. 4. As used in this chapter, "state educational institution"
has the meaning set forth in IC 20-12-0.5-1.
Sec. 5. The faculty organization at each state educational
institution shall establish a trustee election committee by
determining the following:
(1) The number of members of the committee, which must be
at least five (5).
(2) The qualifications required for members of the committee.
However, each member of the committee must be a faculty
member at the state educational institution who holds the
rank of assistant professor or higher.
(3) The manner of selection and appointment of the following:
(A) Members of the committee.
(B) A chairperson of the committee.
(C) A vice chairperson of the committee.
(4) The length of a member's term of service on the
committee.
(5) A method for removing a member from the committee.
(6) A method for filling vacancies on the committee.
(7) Other matters the faculty organization considers necessary
and relevant.
Sec. 6. A committee shall meet at the call of:
(1) the chairperson; or
(2) a majority of the members of the committee.
Sec. 7. A quorum for a committee to do business is a majority of
the total membership of the committee.
Sec. 8. The affirmative vote of a majority of the members of a
committee is required for the committee to take action.
Sec. 9. The committee shall do the following:
(1) Establish procedures for the election of the faculty trustee
member. However, the procedures that the committee
establishes must meet the requirements of section 10 of this
chapter.
(2) Personally conduct the election or make other
arrangements for the conduct of the election under the
direction of the committee.
(3) Perform other duties related to the election of the faculty
trustee member as directed by the faculty organization.
Sec. 10. The following procedures must be observed in the
election of the faculty trustee member:
(1) The election must be conducted under the direction of the
committee.
(2) The committee must conduct the election in a manner that
assures that the person who is elected as a faculty trustee
member meets the statutory requirements for the position.
(3) The committee must conduct the election in a manner that
assures that the faculty trustee member is elected by all
employees of the state educational institution who hold the
rank of assistant professor or higher.
(4) The election must be conducted by means of a written
ballot designed by the committee.
(5) The election must take place by secret ballot.
(6) The committee must provide for the impartial tabulation
of ballots and the reporting of results of the election.
(7) The committee must provide for the safekeeping of the
ballots for four (4) years after the election.
SOURCE: IC 23-13-18-4; (00)HB1380.2.15. -->
SECTION 15. IC 23-13-18-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) The board of
trustees of Vincennes University shall consist of
ten (10) eleven (11)
trustees. Nine (9) shall be appointed by the governor, one (1) of whom
must be a resident of Knox County and one (1) must be an alumnus of
Vincennes. In addition, the governor shall appoint one (1) trustee who
is a full-time student of the university during
his the student's term.
One (1) nonvoting member of the board of trustees shall be a
member of the faculty of Vincennes University elected under
subsection (d).
(b) To aid the governor in the selection of the student member, a
search and screen committee is created consisting of one (1)
representative of the governor and at least four (4) students chosen by
the elected student government representatives of the student body. The
committee shall establish the mode and criteria to be used in the
selection of student nominees to serve on the board of trustees. The
committee shall submit a list of at least five (5) names to the governor
for his the governor's consideration. The governor shall select one (1)
of these names for appointment as a trustee of the university in
accordance with the provisions of this chapter.
(c) There shall be four (4) ex officio members of the board: the
president of the university, the superintendent of the Vincennes
Community School Corporation, the superintendent of the South Knox
School Corporation, and the superintendent of the North Knox School
Corporation.
(d) One (1) member of the board of trustees shall:
(1) be a member of the faculty of Vincennes University who
holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all
employees of Vincennes University who hold the rank of
assistant professor or higher;
(3) serve a three (3) year term beginning July 1, or if a
vacancy occurs for the remainder of the unexpired term of the
previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Vincennes University; and
(5) not be entitled to vote as a member of the board of
trustees.
(e) The term of each appointed trustee shall be for three (3) years,
except that of the student appointee, who shall serve a one (1) year
term. When a vacancy occurs in the membership of the board of
trustees, such vacancy shall be filled by the board for the unexpired
term, except a vacancy of a faculty member which shall be filled
under subsection (d). The appropriate number of appointive trustees
shall be appointed prior to the first Monday of October of each year and
that first Monday shall be the first day of their terms.
(f) The annual meeting of the board shall be held on the first
Monday of October of each year. Special meetings may be called by the
president of the board or by any four (4) five (5) trustees.
(f) (g) Six (6) trustees shall constitute a quorum at any regular or
special meeting of the board.
(g) (h) The trustees shall serve without compensation, except that
each member is entitled to the salary per diem as provided by
IC 4-10-11-2.1 and to reimbursement for travel, lodging, meals, and
other expenses as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
SOURCE: ; (00)HB1380.2.16. -->
SECTION 16. [EFFECTIVE JULY 1, 2000]
(a) As used in this
SECTION, "universities" refers to Indiana University, Purdue
University, Ball State University, Indiana State University,
Vincennes University, and the University of Southern Indiana.
(b) The employees of the universities who hold the rank of
assistant professor or higher shall elect the initial faculty trustee
members added by this act not later than March 1, 2001.
(c) Notwithstanding any provision of this act, the terms of each
of the faculty members elected to the boards of trustees of the
universities under this act begin July 1, 2001.
(d) This SECTION expires July 1, 2001.