February 17, 2012
ENGROSSED
HOUSE BILL No. 1200
_____
DIGEST OF HB 1200
(Updated February 15, 2012 6:42 pm - DI 71)
Citations Affected: IC 21-7; IC 21-19; IC 21-20; IC 21-38.
Synopsis: Indiana University and Ball State boards; university
employees. Adds definition of a research intensive campus. Removes
the requirement that all of the members of the board of trustees of Ball
State University must be residents of Indiana and that at least one
member be a resident of Delaware County. Modifies the manner in
which alumni members of the Indiana University board of trustees are
elected. Allows the board of trustees of Indiana University to hold
meetings at the dates, times, and places the board of trustees agrees
upon. Repeals a provision concerning emergency appointments to the
board of trustees of Indiana University. Provides that the board of
trustees of a state educational institution may not impose or allow any
mandatory or presumptive age limits in the hiring, the retention in a
position, or continuation of employment of any officers, faculty, or
counsel of the institution. Excludes a: (1) member of a fire department
established by; or (2) police officer appointed by; the board of trustees
of a state educational institution. Makes technical correction to the
definition of a research university.
Effective: Upon passage; January 1, 2012 (retroactive); July 1, 2012.
Foley, Koch
, Behning
(SENATE SPONSORS _ BRAY, SIMPSON)
January 9, 2012, read first time and referred to Committee on Education.
January 17, 2012, amended, reported _ Do Pass.
January 25, 2012, read second time, ordered engrossed. Engrossed.
January 26, 2012, read third time, passed. Yeas 94, nays 3.
SENATE ACTION
February 1, 2012, read first time and referred to Committee on Education and Career
Development.
February 16, 2012, amended, reported favorably _ Do Pass.
February 17, 2012
Second Regular Session 117th General Assembly (2012)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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between statutes enacted by the 2011 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1200
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 21-7-13-29.5; (12)EH1200.1.1. -->
SECTION 1. IC 21-7-13-29.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 29.5. "Research intensive
campus" means a campus of a state educational institution that is
classified or designated as an RU/VH (Research University (very
high research activity)) or an RU/H (Research University (high
research activity)) or an equivalent successor designation that is
established by the Carnegie Foundation for the Advancement of
Teaching.
SOURCE: IC 21-19-3-3; (12)EH1200.1.2. -->
SECTION 2. IC 21-19-3-3, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2012 (RETROACTIVE)]: Sec. 3. Not more than six (6)
of the nonstudent members of the board of trustees may be of the same
sex. At least one (1) member of the board of trustees must be a resident
of and reside in Delaware County.
SOURCE: IC 21-19-3-4; (12)EH1200.1.3. -->
SECTION 3. IC 21-19-3-4, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2012 (RETROACTIVE)]: Sec. 4. All members of the
board of trustees must be
(1) residents of Indiana; and
(2) citizens of the United States.
SOURCE: IC 21-20-3-4; (12)EH1200.1.4. -->
SECTION 4. IC 21-20-3-4, AS ADDED BY P.L.2-2007, SECTION
261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 4. (a) Three (3) members of the board of trustees shall
be elected by the alumni of Indiana University under this chapter. In
the year in which the term of any member of the board of trustees
elected by the alumni expires, a successor to the trustee shall be elected
by the alumni of Indiana University, to serve for a term of three (3)
years beginning July 1 next succeeding the election.
(b) When a vacancy occurs in the membership of the board of
trustees who are elected by the alumni, because of death, resignation,
or any other reason, the vacancy shall be filled by election by the
alumni, selection by the Indiana University alumni association
executive council for the unexpired term.
SOURCE: IC 21-20-3-6; (12)EH1200.1.5. -->
SECTION 5. IC 21-20-3-6, AS ADDED BY P.L.2-2007, SECTION
261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 6. A registry of the names and addresses of the alumni
of Indiana University shall be kept, and corrected from time to time, by
the president of Indiana University or the president's designated
representative. The alumni of Indiana University consist of those
persons who have been awarded a degree by the board of trustees of
Indiana University as recommended by the faculty.
SOURCE: IC 21-20-3-8; (12)EH1200.1.6. -->
SECTION 6. IC 21-20-3-8, AS ADDED BY P.L.2-2007, SECTION
261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 8. The election of members of the board of trustees shall
be held at Indiana University on the secular day immediately preceding
July 1. at 9 a.m. At that time trustees shall be elected to:
(1) serve for a term of three (3) years from July 1 next succeeding
the trustee's election; and
(2) complete any unexpired term or terms.
SOURCE: IC 21-20-3-9; (12)EH1200.1.7. -->
SECTION 7. IC 21-20-3-9, AS ADDED BY P.L.2-2007, SECTION
261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 9.
(a) Each alumnus may send to the librarian, over the
alumnus's signature, at any time before the election of a trustee or
trustees, the vote for the trustee or trustees that the alumnus would be
entitled to cast if personally present at the election. The ballots and the
containers in which the ballots are submitted must be:
(1) prepared and furnished by the librarian; and
(2) designed as to enable the librarian to ascertain the name of the
voter, and to determine whether the voter is entitled to participate
in the election, without knowing for whom the voter casts a ballot.
(b) The librarian shall deliver all votes cast in the election, to be
opened and counted at the election, together with the votes cast by
those alumni who are personally present and entitled to vote at the
election.
(c) An alumnus may not cast more than one (1) vote. The
university librarian shall conduct the elections to select the three
(3) alumni members of the board of trustees. All alumni (as
described in section 6 of this chapter) are eligible to participate in
the election either by electronic or printed ballot, and each eligible
individual may cast only one (1) vote. A request for a printed ballot
must be made in writing to the university librarian not later than
May 1 of an election year. The university librarian may adopt rules
and regulations as necessary to carry out this section.
SOURCE: IC 21-20-3-12; (12)EH1200.1.8. -->
SECTION 8. IC 21-20-3-12, AS ADDED BY P.L.2-2007,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 12. (a) The governor shall appoint
five (5) members of the board of trustees for terms of three (3) years.
(b) Whenever a vacancy occurs in the membership of the board of
trustees who are appointed by the governor because of death or
resignation removal from the state, or for any other reason, the vacancy
shall be filled by an appointment of the governor for the unexpired
term.
SOURCE: IC 21-20-3-15; (12)EH1200.1.9. -->
SECTION 9. IC 21-20-3-15, AS ADDED BY P.L.2-2007,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 15. The board of trustees shall
declare vacant the seat of any trustee who is:
(1) absent without sufficient excuse from two (2) successive
meetings of the board of trustees; or
(2) guilty of any gross immorality or breach of the bylaws of the
trustees of Indiana University.
SOURCE: IC 21-20-3-16; (12)EH1200.1.10. -->
SECTION 10. IC 21-20-3-16 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 16. (a) This section applies if an emergency is declared
by the faculty after a session of the board of trustees has been called
that the board of trustee members who do not reside in Monroe County
failed to attend.
(b) Three (3) trustees who reside in Monroe County may fill
vacancies in the faculty of Indiana University and the board of trustees.
If there are not three (3) trustees in attendance after an emergency is
declared, the:
(1) trustees who attend; and
(2) members of the faculty who attend;
shall fill the vacancies.
(c) Appointments made under this section expire at the next meeting
of the board of trustees.
SOURCE: IC 21-20-4-5; (12)EH1200.1.11. -->
SECTION 11. IC 21-20-4-5, AS AMENDED BY P.L.3-2008,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 5. The secretary of the board of
trustees shall:
(1) keep a true record of the proceedings of the board of trustees;
and
(2) certify copies of the record of the proceedings of the board of
trustees. and
(3) maintain:
(A) an account of the students in Indiana University by the
students' classes, including the students' respective ages and
places of residence; and
(B) a list of all graduates.
SOURCE: IC 21-20-5-1; (12)EH1200.1.12. -->
SECTION 12. IC 21-20-5-1, AS ADDED BY P.L.2-2007,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. The board of trustees shall
annually meet in Bloomington, at least three (3) days before the annual
commencement of Indiana University. hold meetings at the dates,
times, and places upon which the board of trustees agrees.
SOURCE: IC 21-38-3-1; (12)EH1200.1.13. -->
SECTION 13. IC 21-38-3-1, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This section applies to the
board of trustees of the following state educational institutions:
(1) Ball State University.
(2) Indiana University.
(3) Indiana State University.
(4) Purdue University.
(5) University of Southern Indiana.
(b) The board of trustees of a state educational institution may
employ:
(1) officers;
(2) faculty;
(3) employees;
(4) consultants; and
(5) counsel;
necessary or convenient to aid in the formulation and implementation
of the state educational institution's policies and to execute the will of
the board of trustees within its particular institution.
(c) This subsection does not apply to the board of trustees with
respect to a:
(1) member of a fire department established; or
(2) police officer appointed;
by the board of trustees of a state educational institution. The
board of trustees may not impose or allow any mandatory or
presumptive age limits in the hiring, the retention in a position, or
the continuation of employment of any employee of the institution
described under subsection (b)(1), (b)(2), or (b)(5).
SOURCE: ; (12)EH1200.1.14. -->
SECTION 14.
An emergency is declared for this act.