Introduced Version






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.





Candelaria Reardon




    January 12, 2011, read first time and referred to Committee on Education.







Introduced

First Regular Session 117th General Assembly (2011)


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 this style type.
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 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1213



    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 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:
        (1) is:
            (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; and
        (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 procedures.
    (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 chapter.
    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 election.
    (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) year terms.
    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 fills.
    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.