HB 1568-5_ Filed 02/12/2007, 11:30 Behning
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 1568 be amended to read as follows:
SOURCE: Page 25, line 26; (07)MO156808.25. -->
Page 25, between lines 26 and 27, begin a new paragraph and insert:
SOURCE: IC 20-25-3-3; (07)MO156808.20. -->
"SECTION 20. IC 20-25-3-3, AS ADDED BY P.L.1-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) A member of the board must:
(1) be a resident voter of the school city; and
(2) have been a resident of the school city for at least one (1) year
immediately preceding the member's election.
(b) A board member may not:
(1) serve in an elective or appointive office under the board or
under the government of the civil city while serving on the board;
(2) knowingly have a pecuniary interest as described in
IC 35-44-1-3(g) in a contract or purchase with the school city.
which the member is elected.
If, at any time after a member is appointed or elected to the board, the
board member knowingly acquires a pecuniary interest in a contract or
purchase with the school city, the member is disqualified to continue
as a member of the board, and a vacancy in the office is created.
(c) Each member of the board shall, before assuming the duties of
office, take an oath, before a person qualified to administer oaths, that:
(1) the member possesses all the qualifications required by this
chapter for membership on the board;
(2) the member will honestly and faithfully discharge the duties
(3) the member will not, while serving as a member of the board,
become interested, directly or indirectly, in any contract with or
claim against the school city, except as authorized by law;
(4) in the performance of official duties as a member of the board,
including the selection of the board's officers, agents, and
employees, the member will not be influenced by any
consideration of politics or religion; and
(5) the member will be controlled in the selection of officers,
agents, and employees only by considerations of merit, fitness,
(d) Board members are entitled to receive compensation not to
exceed the amount allowed under IC 20-26-4-6 and a per diem not to
exceed the rate approved for members of the city-county council
established under IC 36-3-4 for attendance at each regular and
committee meeting as determined by the board.
SOURCE: IC 20-25-3-4; (07)MO156808.21. -->
SECTION 21. IC 20-25-3-4, AS AMENDED BY P.L.1-2006,
SECTION 322, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The board consists of seven
A member: chosen as follows:
(1) The executive of the consolidated city shall appoint four
(1) must Three (3) members shall be elected on a nonpartisan
basis in primary elections held in the county as specified
provided in this section. and
(2) Each board member serves a four (4) year term.
Five (5) Three (3) members shall be elected from the school
board districts in which the members reside. and two (2) members must
be elected at large. Not more than two (2) of the members who serve
on the board may reside in the same school board district.
If a candidate runs for one (1) of the district positions on the
board, Only eligible voters residing in the candidate's school board
district may vote for that a candidate If a person is a candidate for one
(1) of the at-large positions, eligible voters from all the districts may
vote for that candidate. who resides in the district.
(d) If a candidate files to run for a position on the board, the
candidate must specify
whether the candidate is running for a district
or an at-large position. the candidate seeks to represent.
A The candidate who runs for a district or an at-large position
wins if the candidate receives the greatest number of votes of all the
candidates for the position. district is elected.
(f) Districts shall be established within the school city by the state
board. The districts must be drawn on the basis of precinct lines, and
as nearly as practicable, of equal population with the population of the
largest district not to exceed the population of the smallest district by
more than five percent (5%). District lines must not cross precinct
lines. The state board shall establish:
(1) balloting procedures for the election under IC 3; and
(2) other procedures required to implement this section.
(g) A member of the board serves under section 3 of this chapter.
(h) In accordance with subsection (k), a vacancy in the board shall
be filled temporarily by the board as soon as practicable after the
vacancy occurs. The member chosen by the board to fill a vacancy
holds office until the member's successor is elected and qualified. The
successor shall be elected at the next regular school board election
occurring after the date on which the vacancy occurs. The successor
fills the vacancy for the remainder of the term.
(i) An individual appointed to serve on the board begins the
individual's term on July 1 of the year that the term of the
individual's predecessor expires. An individual elected to serve on
the board begins the individual's term on July 1 of the year of the
(j) Notwithstanding any law to the contrary, each voter must cast a
vote for a school board candidate or school board candidates by voting
system or paper ballot. However, the same method used to cast votes
for all other offices for which candidates have qualified to be on the
election ballot must be used for the board offices.
(k) If a vacancy in the board exists because of the death of a
member, the remaining members of the board shall meet and select an
individual to fill the vacancy in accordance with subsection (h) after
the secretary of the board receives notice of the death under IC 5-8-6.".
SOURCE: Page 60, line 5; (07)MO156808.60. -->
Page 60, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: ; (07)MO156808.54. -->
"SECTION 54. [EFFECTIVE JULY 1, 2007] (a) As used in this
SECTION, "board" refers to the local board of school
commissioners established by IC 20-25-3-1.
(b) Notwithstanding any other law, the successors of the board
members whose terms expire June 30, 2008, shall be appointed by
the executive of the consolidated city as provided in
IC 20-25-3-4(a), as amended by this act.
(c) Notwithstanding any other law, the successors of the board
members whose terms expire June 30, 2010, shall be elected at the
May 2010 primary election from three (3) board member districts
as provided in IC 20-25-3-4(a), as amended by this act.
(d) This SECTION expires July 1, 2010.
Renumber all SECTIONS consecutively.
(Reference is to HB 1568 as printed February 8, 2007.)
MO156808/DI 75 2007