HOUSE BILL No. 1213
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-8-2-2.2; IC 5-9-4-8; IC 20-23.
Synopsis: East Chicago school board. Provides for the election rather
than the appointment of the members of the school board for the city
of East Chicago. Provides for a five member East Chicago school
board, elected at large, to be elected beginning at the primary election
in 2012. Staggers the terms of the members. Adds certain other
provisions concerning the organization of the governing body.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Education.
First Regular Session 117th General Assembly (2011)
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between statutes enacted by the 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1213
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-8-2-2.2; (11)IN1213.1.1. -->
SECTION 1. IC 3-8-2-2.2, AS AMENDED BY P.L.1-2005,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2.2. (a) A candidate for a school board office must
file a petition of nomination in accordance with IC 3-8-6 and as
required under IC 20-23-12, IC 20-23-14, IC 20-23-17, or IC 20-23-4.
The petition of nomination, once filed, serves as the candidate's
declaration of candidacy for a school board office.
(b) A candidate for a school board office is not required to file a
statement of organization for the candidate's principal committee by
noon seven (7) days after the final date for filing a petition of
nomination or declaration of intent to be a write-in candidate unless the
candidate has received contributions or made expenditures requiring
the filing of a statement under IC 3-9-1-5.5.
SOURCE: IC 5-9-4-8; (11)IN1213.1.2. -->
SECTION 2. IC 5-9-4-8, AS AMENDED BY P.L.1-2005,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) Except as provided in subsection (b), during
the officeholder's leave of absence, the officeholder's office must be
filled by a temporary appointment made under:
(1) IC 3-13-4;
(2) IC 3-13-5;
(3) IC 3-13-6;
(4) IC 3-13-7;
(5) IC 3-13-8;
(6) IC 3-13-9;
(7) IC 3-13-10;
(8) IC 3-13-11;
(9) IC 20-23-4;
(10) IC 20-26;
(11) IC 20-23-12;
(12) IC 20-23-14;
(13) IC 20-23-15;
(14) IC 20-23-17;
(14) (15) IC 20-25-3;
(15) (16) IC 20-25-4; or
(16) (17) IC 20-25-5;
in the same manner as a vacancy created by a resignation is filled.
(b) For an officeholder who:
(A) a justice of the supreme court, a judge of the court of
appeals, or a judge of the tax court; or
(B) a judge of a circuit, city, county, probate, or superior court;
(2) is taking a leave of absence under this chapter;
the supreme court shall appoint a judge pro tempore to fill the
officeholder's office in accordance with the court's rules and
(c) The person selected or appointed under subsection (a) or (b)
serves until the earlier of:
(1) the date the officeholder's leave of absence ends as provided
in section 10 of this chapter; or
(2) the officeholder's term of office expires.
(d) The person selected or appointed to an office under subsection
(a) or (b):
(1) assumes all the rights and duties of; and
(2) is entitled to the compensation established for;
the office for the period of the temporary appointment.
SOURCE: IC 20-23-8-5; (11)IN1213.1.3. -->
SECTION 3. IC 20-23-8-5, AS ADDED BY P.L.1-2005, SECTION
7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 5. As used in this chapter, "school corporation" means a
local public school corporation established under the laws of Indiana.
The term does not include a school township or a school corporation
covered by IC 20-23-12 or IC 20-23-17.
SOURCE: IC 20-23-17; (11)IN1213.1.4. -->
SECTION 4. IC 20-23-17 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 17. Election of School Board Members in East Chicago
Sec. 1. This chapter applies to a school corporation located in a
city that has a population of more than thirty-two thousand
(32,000) but less than thirty-two thousand eight hundred (32,800).
Sec. 2. IC 20-23-8 does not apply to a school corporation or the
governing body of a school corporation governed by this chapter.
Sec. 3. (a) The governing body of the school corporation consists
of five (5) members who shall be elected as follows:
(1) All members, who must reside within the boundaries of the
school corporation, shall be elected as at-large members.
(2) All members shall be elected on a nonpartisan basis.
(3) All initial members shall be elected at the primary election
held in the county in 2012.
(b) Upon assuming office and in conducting the business of the
governing body, a member shall represent the interests of the
entire school corporation.
Sec. 4. The following apply to an election of the members of the
governing body of the school corporation:
(1) Each candidate must file a petition of nomination with the
circuit court clerk not later than seventy-four (74) days before
the election at which members are to be elected. The petition
of nomination must include the following information:
(A) The name of the candidate.
(B) The candidate's residence address.
(C) The signatures of at least two hundred fifty (250)
registered voters residing within the school corporation.
(D) A certification that the candidate meets the
qualifications for candidacy imposed by this chapter.
(2) Only eligible voters residing in the school corporation may
vote for a candidate.
Sec. 5. Voters who reside within the boundaries of the school
corporation may vote for the candidates.
Sec. 6. The state board, with assistance from the county election
board, shall establish balloting procedures under IC 3 for the
election and all other procedures required to implement this
Sec. 7. (a) Except as provided in subsection (b), the term of each
person elected to serve on the governing body of the school
corporation is four (4) years, beginning July 1 following the
(b) This subsection applies to the election of members of the
governing body in the 2012 primary election. The three (3)
candidates receiving the highest number of votes at the election
take office on July 1 next following the election for four (4) year
terms. The two (2) candidates receiving the next highest number of
votes take office on July 1 next following the election for two (2)
Sec. 8. A vacancy in the office of a member of the governing
body of the school corporation shall be filled temporarily by the
governing body as soon as practicable after the vacancy occurs. An
individual filling a vacancy under this section serves until the
expiration of the term of the member whose position the individual
Sec. 9. (a) Before August 1 of each year, the school corporation
shall file with the state superintendent the following information:
(1) A list containing the names and addresses of each member
of the governing body of the school corporation and the date
of the expiration of each member's term of office.
(2) A list containing the names and addresses of each of the
school corporation's officers and the date of the expiration of
each officer's term of office.
(b) The school corporation shall notify the state superintendent
of any change in the information previously filed under subsection
(a) not later than thirty (30) days after the change occurs.
Sec. 10. (a) Notwithstanding any other law, the terms of the
members of the governing body of the East Chicago school
corporation who hold office on June 30, 2012, expire July 1, 2012.
(b) On July 1, 2012, all powers, duties, and functions adhering
to the governing body of the school corporation in existence on
June 30, 2012, are transferred to the governing body established
under this chapter.
(c) On July 1, 2012, the property and records of the governing
body of the school corporation in existence on June 30, 2012, are
transferred to the governing body established under this chapter.
(d) This section expires July 1, 2016.