HB 1311-1_ Filed 02/14/2013, 10:40
Adopted 02/14/2013


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Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

12

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Elections and Apportionment     , to which was referred       House Bill 1311     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (13)AM131103.1. -->     Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 3-5-2-47.5; (13)AM131103.1. -->     "SECTION 1. IC 3-5-2-47.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 47.5. "Signing the poll list" means:
        (1) a voter writing the voter's name on the certified list of registered voters for the precinct prepared in accordance with IC 3-7-29-1; or
        (2) a voter writing the voter's name on an electronic poll list using an electronic signature pad at a polling place or satellite office (as established under IC 3-11-10-26.3) where the use of an electronic poll list is authorized in accordance with IC 3-7-29-6.

SOURCE: IC 3-7-29-1; (13)AM131103.2. -->     SECTION 2. IC 3-7-29-1, AS AMENDED BY P.L.81-2005, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 1. (a) This section does not apply to a county that has adopted an order under section 6 of this chapter.
    (a) (b) Not later than ten (10) days before the election at which the registration record is to be used, the county voter registration office shall prepare certified copies of the list of registered voters for each precinct in the county.
    (b) (c) The lists must contain the following information concerning each registered voter:
        (1) The full name of the voter.
        (2) The address of the voter.
        (3) The assigned county voter identification number.
        (4) Whether the voter is required to provide additional identification before voting either in person or by absentee ballot.
    (c) (d) The names shall be arranged in the same order as they are in the registration record of the precinct.

SOURCE: IC 3-7-29-2; (13)AM131103.3. -->     SECTION 3. IC 3-7-29-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) This section does not apply to a county that has adopted an order under section 6 of this chapter.
    (b)
After the county election board receives a request from the county chairman of a major political party, not more than two (2) copies of the list required by this chapter shall be prepared and furnished to the inspector of the precinct for use at the polls on election day. The inspector may provide a list furnished under this section to any other precinct officer.
SOURCE: IC 3-7-29-3; (13)AM131103.4. -->     SECTION 4. IC 3-7-29-3, AS AMENDED BY P.L.164-2006, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. When the inspector of a precinct procures the ballots and other election supplies for an election, the inspector shall also procure from the county voter registration office the certified copies of the registration record of the precinct with the information required under section 1 of this chapter (or an electronic poll list in a county in which an order is adopted under section 6 of this chapter) and other necessary registration supplies.
SOURCE: IC 3-7-29-4; (13)AM131103.5. -->     SECTION 5. IC 3-7-29-4, AS AMENDED BY P.L.164-2006, SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) This section does not apply to a county:
        (1) that has adopted an order under section 6 of this chapter;

and
        (2) in which an electronic poll list containing available scanned images of the signatures of voters is provided at the precinct.
    (b)
The county voter registration office may also provide the inspector of each precinct in the county with a certified photocopy scanned copy of the signature on the affidavit of registration of each voter of the precinct for the comparison of signatures under IC 3-10-1-24.6 or IC 3-11-8-25.1.

SOURCE: IC 3-7-29-6; (13)AM131103.6. -->     SECTION 6. IC 3-7-29-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) If a county election board adopts an order to provide an electronic poll list to the inspector for use at a polling place or at a satellite office established under IC 3-11-10-26.3, electronic poll lists may be used at an election (rather than certified poll lists prepared under this chapter).
    (b) An order adopted under subsection (a) may include the use of an electronic signature (as defined in IC 26-2-8-102) to sign an electronic poll list at an election (rather than requiring voters to sign certified poll lists prepared under this chapter).

SOURCE: IC 3-10-1-7.1; (13)AM131103.7. -->     SECTION 7. IC 3-10-1-7.1, AS AMENDED BY P.L.164-2006, SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7.1. (a) This subsection does not apply to a county in which electronic poll lists are used under IC 3-7-29-6. Each county election board shall furnish the inspector of each precinct for use on primary election day a certified copy under IC 3-7-29 of the list of all voters registered to vote in the precinct.
    (b) This subsection does not apply to a county in which electronic poll lists with the capability to display signatures of voters are used under IC 3-7-29-6. The county voter registration office may also provide the inspector of each precinct in the county a certified photocopy of the signature on the affidavit or form of registration of each voter of the precinct for the comparison of signatures under section 24.6 of this chapter.
    (c) If the name of a person offering to vote at the primary is in the registration record or listed in the certified copy prepared for the precinct or the electronic poll list, it is sufficient evidence of the person's right to vote unless the person is challenged.
SOURCE: IC 3-10-1-8; (13)AM131103.8. -->     SECTION 8. IC 3-10-1-8, AS AMENDED BY P.L.164-2006, SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. A person who will be a voter at the general election for which the primary is being held and whose name does not appear on the registration record of the precinct, or on the certified copy of the registration record prepared under IC 3-7-29, or the electronic poll list may:
        (1) vote if the county voter registration office provides a signed certificate of error; or
        (2) cast a provisional ballot under IC 3-11.7, as provided by 42 U.S.C. 15482.
SOURCE: IC 3-10-1-24; (13)AM131103.9. -->     SECTION 9. IC 3-10-1-24, AS AMENDED BY P.L.164-2006, SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24. (a) A voter who desires to vote must give the voter's name and political party to the poll clerks of the precinct on primary election day. The poll clerks shall require the voter to write the following on the poll list or to provide the following information for entry into the electronic poll list:
        (1) The voter's name.
        (2) Except as provided in subsection (d), the voter's current residence address.
        (3) The name of the voter's party.
    (b) The poll clerks shall:
        (1) ask the voter to provide or update the voter's voter identification number;
        (2) tell the voter the number the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide a voter identification number at the polls.
    (c) If the voter is unable to sign the voter's name, the voter must sign the poll list by mark, which must be witnessed by one (1) of the poll clerks or assistant poll clerks acting under IC 3-6-6, who shall place the poll clerk's or assistant poll clerk's initials after or under the mark.
    (d) The electronic poll list (or each line on a poll list sheet provided to take a voter's current residence address) must include a box under the heading "Address Unchanged" so that the poll clerk may check the box for a voter whose residence address shown on the poll list is the voter's current residence address may check the box instead

of writing the voter's current residence address on the poll list or reentering the address in the electronic poll list.

SOURCE: IC 3-10-1-24.6; (13)AM131103.10. -->     SECTION 10. IC 3-10-1-24.6, AS AMENDED BY P.L.164-2006, SECTION 73, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 24.6. (a) In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration record or any certified copy of the signature provided under section 7.1 of this chapter. If the board determines that the voter's signature is authentic, the voter may then vote.
    (b) If either poll clerk doubts the voter's identity following the comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by IC 3-11-8. If the poll clerk does not execute a challenger's affidavit under IC 3-11-8-21 or if the voter executes a challenged voter's affidavit under IC 3-11-8-22.1, the voter may then vote.".
SOURCE: Page 2, line 1; (13)AM131103.2. -->     Page 2, delete lines 1 through 25.
    Page 3, delete lines 17 through 42, begin a new paragraph and insert:
SOURCE: IC 3-11-3-16; (13)AM131103.12. -->     "SECTION 12. IC 3-11-3-16, AS AMENDED BY P.L.164-2006, SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. Each county election board shall prepare and have delivered to the inspectors of the precincts, at the time they receive the ballots for their precincts, a suitable number of voter registration lists certified under IC 3-7-29 (or an electronic poll list in a county described by IC 3-7-29-6) and any other forms, papers, certificates, and oaths that are required to be furnished to precinct election boards. The forms and papers must be prepared in compliance with IC 3-5-4-8. The county voter registration office shall cooperate with the county election board in the preparation of the lists certified under IC 3-7-29 (or in the use of the electronic poll lists).
SOURCE: IC 3-11-8-10.3; (13)AM131103.13. -->     SECTION 13. IC 3-11-8-10.3, AS ADDED BY P.L.1-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10.3. (a) As used in this section, "electronic poll list" refers to a poll list that is maintained in a computer data base.
    (b) An electronic poll list must satisfy all of the following:
        (1) An electronic poll list must be programmed so that the coordinated action of two (2) election officers who are not

members of the same political party is necessary to access the electronic poll list.
        (2) An electronic poll list may not be connected to a voting system.
        (3) An electronic poll list may not permit access to voter information other than information provided on the certified list of voters prepared under IC 3-7-29-1.
         (4) Any other standards that the commission may prescribe.

SOURCE: IC 3-11-8-25.1; (13)AM131103.14. -->     SECTION 14. IC 3-11-8-25.1, AS AMENDED BY P.L.53-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25.1. (a) Except as provided in subsection (e), a voter who desires to vote an official ballot at an election shall provide proof of identification.
    (b) Except as provided in subsection (e), before the voter proceeds to vote in the election, a precinct election officer shall ask the voter to provide proof of identification. The voter shall produce the proof of identification before being permitted to sign the poll list.
    (c) If:
        (1) the voter is unable or declines to present the proof of identification; or
        (2) a member of the precinct election board determines that the proof of identification provided by the voter does not qualify as proof of identification under IC 3-5-2-40.5;
a member of the precinct election board shall challenge the voter as prescribed by this chapter.
    (d) If the voter executes a challenged voter's affidavit under section 22.1 of this chapter, the voter may:
        (1) sign the poll list; and
        (2) receive a provisional ballot.
    (e) A voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides is not required to provide proof of identification before voting in an election.
    (f) After a voter has passed the challengers or has been sworn in, the voter shall be instructed by a member of the precinct election board to proceed to the location where the poll clerks are stationed. The voter shall announce the voter's name to the poll clerks or assistant poll clerks. A poll clerk, an assistant poll clerk, or a member of the precinct election board shall require the voter to write the following on the poll

list or to provide the following information for entry into the electronic poll list:
        (1) The voter's name.
        (2) Except as provided in subsection (k), the voter's current residence address.
    (g) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall:
        (1) ask the voter to provide or update the voter's voter identification number;
        (2) tell the voter the number the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide or update a voter identification number at the polls.
    (h) The poll clerk, an assistant poll clerk, or a member of the precinct election board shall ask the voter to provide proof of identification.
    (i) In case of doubt concerning a voter's identity, the precinct election board shall compare the voter's signature with the signature on the affidavit of registration or any certified copy of the signature provided under IC 3-7-29 or enter the information into the electronic poll list. If the board determines that the voter's signature is authentic, the voter may then vote. If either poll clerk doubts the voter's identity following comparison of the signatures, the poll clerk shall challenge the voter in the manner prescribed by section 21 of this chapter.
    (j) If, in a precinct governed by subsection (g):
        (1) the poll clerk does not execute a challenger's affidavit; or
        (2) the voter executes a challenged voter's affidavit under section 22.1 of this chapter or executed the affidavit before signing the poll list;
the voter may then vote.
    (k) The electronic poll list (or each line on a poll list sheet provided to take a voter's current address) must include a box under the heading "Address Unchanged" so that the poll clerk may check the box for a voter whose residence address shown on the poll list is the voter's current residence address may check the box instead of writing the voter's current residence address on the poll list or reentering the address in the electronic poll list.


SOURCE: IC 3-11-8-25.5; (13)AM131103.15. -->     SECTION 15. IC 3-11-8-25.5, AS AMENDED BY P.L.164-2006, SECTION 102, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25.5. If an individual signs the individual's name and either:
        (1) signs the individual's address; or
        (2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk into the electronic poll list under section 25.1 of this chapter and then leaves the polls without casting a ballot or after casting a provisional ballot, the voter may not be permitted to reenter the polls to cast a ballot at the election.
SOURCE: IC 3-11-8-25.7; (13)AM131103.16. -->     SECTION 16. IC 3-11-8-25.7, AS ADDED BY P.L.120-2009, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25.7. (a) This section applies only to a voter who is a member of the military or public safety officer.
    (b) Notwithstanding section 25.5 of this chapter, if a voter signs the voter's name and either:
        (1) writes the voter's address; or
        (2) checks the "Address Unchanged" box;
on the poll list or provides the information for entry by the poll clerk into the electronic poll list under section 25.1 of this chapter and then leaves the polls without casting a ballot or after casting a provisional ballot, the voter may reenter the polls to cast a ballot at the election as provided in this section.
    (c) A voter who leaves the polls to respond to an emergency in the voter's capacity as a member of the military or public safety officer must notify a precinct election officer that the voter is leaving the polls to respond to an emergency in the voter's capacity as a member of the military or public safety officer.
    (d) A poll clerk or assistant poll clerk shall make a notation on the poll list with the voter's name indicating that the voter has left the polls as permitted by this section and the time the voter left the polls.
    (e) If the voter returns to the polls, the voter shall be permitted to vote if the voter executes an affidavit stating all of the following:
        (1) The name of the voter.
        (2) That the voter is a member of the military or public safety officer.
        (3) The military or public safety position the voter holds.
        (4) That after the voter signed the poll list, but before the voter voted, the voter was called to respond to an emergency in the voter's capacity as a member of the military or public safety officer.
        (5) A brief description of the emergency to which the voter responded.
        (6) The time at which the voter returned to the polls.
    (f) The commission shall prescribe the form of the affidavit required by this section.
SOURCE: IC 3-11-8-26.1; (13)AM131103.17. -->     SECTION 17. IC 3-11-8-26.1, AS AMENDED BY P.L.164-2006, SECTION 103, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26.1. (a) If a voter:
        (1) cannot sign; or
        (2) is a voter with a disability that makes it difficult for the voter to sign;
the voter's name and address, the poll clerks shall, by proper interrogation, satisfy themselves that the voter is the person the voter represents the voter to be.
    (b) If satisfied as to the voter's identity under subsection (a), one (1) of the poll clerks shall then place the following on the poll list or enter the information into the electronic poll list:
        (1) The voter's name.
        (2) Except as provided in subsection (e), the voter's current residence address.
    (c) The poll clerks shall:
        (1) ask the voter to provide or update the voter's voter identification number;
        (2) tell the voter the number the voter may use as a voter identification number; and
        (3) explain to the voter that the voter is not required to provide or update a voter identification number at the polls.
    (d) The poll clerk shall then add the clerk's initials in parentheses, after or under the signature. The voter then may vote.
    (e) The electronic poll list (or each line on a poll list sheet provided to take a voter's current residence address) must include a box under the heading "Address Unchanged" so that the poll clerk may check the box to indicate that the residence address shown on the poll list is the voter's current residence address instead of writing the voter's

current residence address on the poll list or reentering the address in the electronic poll list.

SOURCE: IC 5-26.5-2-5; (13)AM131103.18. -->     SECTION 18. IC 5-26.5-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The definitions set forth in IC 3-5-2 apply to this section.
    (b)
A program participant who is otherwise qualified to vote may apply to vote as provided in IC 3-7. The residence address of a program participant shall be recorded in the computerized system as set forth in the voter registration application. However, the voter registration application of the program participant is confidential, and the name and residence address of the program participant shall not be printed on any poll list or made available through any electronic poll list provided to precinct election officers.
    (c) The program participant may vote in person at the office of the county election board or may vote absentee by mail. The program participant's mailing address shall be recorded in the computerized system as the address of the office of the attorney general. Except as provided in this section,
IC 3-11-4-6 applies to a program participant who wishes to vote by absentee ballot.
SOURCE: IC 20-23-4-35; (13)AM131103.19. -->     SECTION 19. IC 20-23-4-35, AS ADDED BY P.L.1-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 35. (a) The governing body of a school corporation may be organized under this section.
    (b) The governing body consists of seven (7) members, elected as follows:
        (1) Four (4) members elected from districts, with one (1) member serving from each electoral election district. A member elected under this subdivision must be:
            (A) a resident of the electoral election district from which the member is elected; and
            (B) voted upon by only the registered voters residing within the electoral election district and voting at a governing body election.
        (2) Three (3) members, who are voted upon by all the registered voters residing within the school corporation and voting at a governing body election, elected under this subdivision. The governing body shall establish three (3) residential districts as

follows:
            (A) One (1) residential district must be the township that has the greatest population within the school corporation.
            (B) Two (2) residential districts must divide the remaining area within the school corporation.
        Only one (1) member who resides within a particular residential district established under this subdivision may serve on the governing body at a time.
    (c) A member of the governing body who is:
        (1) elected from an electoral or a residential district; or
        (2) appointed to fill a vacancy from an electoral or a residential district;
must reside within the boundaries of the district the member represents.
    (d) A vacancy on the governing body shall be filled by the governing body as soon as practicable after the vacancy occurs. A member chosen by the governing body to fill a vacancy holds office for the remainder of the unexpired term.
    (e) The members of the governing body serving at the time a plan is amended under this section shall establish the electoral and residential districts described in subsection (b).
    (f) The electoral districts described in subsection (b)(1):
        (1) shall be drawn on the basis of precinct lines;
        (2) may not cross precinct lines; and
        (3) as nearly as practicable, be of equal population, with the population of the largest exceeding the population of the smallest by not more than fifteen percent (15%).
    (g) The residential districts described in subsection (b)(2) may:
        (1) be drawn in any manner considered appropriate by the governing body; and
        (2) be drawn along township lines.
    (h) The governing body shall certify the districts that are established under subsections (f) and (g), amended under subsection (e), or recertified under section 35.5 of this chapter to:
        (1) the state board; and
        (2) the county election board circuit court clerk of the each county in which the school corporation is located as provided in section 35.5 of this chapter.
    (i) The governing body shall designate:


        (1) three (3) of the districts established under this section to be elected at the first school board election that occurs after the effective date of the plan; and
        (2) the remaining four (4) districts to be elected at the second school board election that occurs after the effective date of the plan.
SOURCE: IC 20-23-4-35.5; (13)AM131103.20. -->     SECTION 20. IC 20-23-4-35.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 35.5. (a) Not later than December 31, 2013, the governing body shall do the following:
        (1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
        (2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 35(f) and 35(g) of this chapter.
    (b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the plan under section 35(e) of this chapter if an amendment is necessary to reestablish the districts in compliance with section 35(f) and 35(g) of this chapter. If the governing body determines that a plan amendment under section 35(e) of this chapter is not required, the governing body shall recertify that the districts as established comply with section 35(f) and 35(g) of this chapter.
    (c) Each time the school corporation's plan is amended, the governing body shall file the following with the circuit court clerk of each county in which the school corporation is located:
        (1) A copy of the amendment.
        (2) Either of the following:
            (A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 35(f) and 35(g) of this chapter.
            (B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 35(f) and 35(g) of this chapter, a map of the new

district boundaries.
    (d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.

SOURCE: IC 20-23-7-4; (13)AM131103.21. -->     SECTION 21. IC 20-23-7-4, AS ADDED BY P.L.1-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) At the first meeting of the board of commissioners of the county after the creation of the metropolitan school district as provided in this chapter, the board of commissioners shall divide the district into three (3) governing body districts approximately equal in population. Not more than one (1) year after the effective date of each United States decennial census, the board of commissioners shall:
         (1) readjust the boundaries of the districts to equalize the districts by population; or
        (2) recertify that the boundaries of the districts as drawn comply with this subsection.

    (b) Instead of the division provided under subsection (a), any resolution or petition provided in section 2(a) or 2(b) of this chapter may:
        (1) provide that the metropolitan school district to be created shall be divided into two (2) or more governing body districts;
        (2) describe the governing body member districts;
        (3) provide that one (1) or more members of the governing body must reside within each of the governing body member districts;
        (4) set out the number of members to serve from each designated district;
        (5) provide that the governing body member districts need not be equal in size or population, and that one (1) board member district may include all the area in the metropolitan school district;
        (6) specify that the number of governing body members to be resident in each district need not be an equal number; and
        (7) eliminate all requirements that there be governing body member districts.
    (c) If the resolution or petition:
        (1) does not provide for governing body member districts and designate the number of governing body members to be resident in each district; or
        (2) provides for the elimination of governing body member districts;
subsection (a) controls. If either subsection (a) or (b) applies, candidates shall be voted upon by all the registered voters of the metropolitan school district voting at any governing body member election.
SOURCE: IC 20-23-7-4.5; (13)AM131103.22. -->     SECTION 22. IC 20-23-7-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.5. (a) Not later than December 31, 2013, the board of commissioners shall do the following:
        (1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
        (2) If the any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 4 of this chapter.
    (b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The board of commissioners shall amend the plan under section 4 of this chapter if an amendment is necessary to reestablish the districts in compliance with section 4 of this chapter. If the board of commissioners determines that a plan amendment under section 4 of this chapter is not required, the board of commissioners shall recertify that the districts as established comply with section 4 of this chapter.
    (c) Each time the school corporation's plan is amended, the board of commissioners shall file the following with the circuit court clerk of each county in which the school corporation is located:
        (1) A copy of the amendment.
        (2) Either of the following:
            (A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 4 of this chapter.
            (B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 4 of this chapter, a map of the new district

boundaries.
    (d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.

SOURCE: IC 20-23-8-8; (13)AM131103.23. -->     SECTION 23. IC 20-23-8-8, AS AMENDED BY P.L.2-2006, SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) A plan is subject to the following limitations:
        (1) A member of the governing body may not serve for a term of more than four (4) years, but a member may succeed himself or herself in office. This limitation does not apply to members who hold over during an interim period to effect a new plan awaiting the selection and qualification of a member under the new plan.
        (2) The plan, if the members are:
            (A) to be elected, shall conform with one (1) of the types of board organization permitted by IC 20-23-4-27; or
            (B) appointed, shall conform with one (1) of the types permitted by IC 20-23-4-28.
        (3) The terms of the members of the governing body, either elected to or taking office on or before the time the plan takes effect, may not be shortened. The terms of the members taking office under the plan may be shortened to make the plan workable on a permanent basis.
        (4) If the plan provides for electoral districts, where a member of the governing body is elected solely by the voters of a single district, the districts must be as near as practicable equal in population. The districts shall be reapportioned and their boundaries:
             (A) changed, if necessary; or
            (B) recertified, if changes are not necessary;

        by resolution of the governing body before the election next following the effective date of the subsequent decennial census to preserve the equality by resolution of the governing body.
        (5) The plan shall comply with the:
            (A) Constitution of the State of Indiana; and
            (B) Constitution of the United States;
        including the equal protection clauses of both constitutions.
        (6) The provisions of IC 20-23-4-26 through IC 20-23-4-33

relating to the board of trustees of a community school corporation and to the community school corporation, including provisions relating to powers of the board and corporation and provisions relating to the mechanics of selection of the board, where elected and where appointed, apply to a governing body set up by a plan under this chapter and to the school corporation.
    (b) The limitations set forth in this section do not have to be specifically set forth in a plan but are a part of the plan. A plan shall be construed, if possible, to comply with this chapter. If a provision of the plan or an application of the plan violates this chapter, the invalidity does not affect the other provisions or applications of the plan that can be given effect without the invalid provision or application. The provisions of a plan are severable.

SOURCE: IC 20-23-8-8.5; (13)AM131103.24. -->     SECTION 24. IC 20-23-8-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.5. (a) Not later than December 31, 2013, the governing body shall do the following:
        (1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
        (2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 8 of this chapter.
    (b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the plan under section 8 of this chapter if an amendment is necessary to reestablish the districts in compliance with section 8 of this chapter. If the governing body determines that a plan amendment under section 8 of this chapter is not required, the governing body shall recertify that the districts as established comply with section 8 of this chapter.
    (c) Each time the school corporation's plan is amended, the governing body shall file the following with the circuit court clerk of each county in which the school corporation is located:
        (1) A copy of the amendment.
        (2) Either of the following:
            (A) A certification that the plan amendment does not

require reestablishment of the school corporation's election districts to comply with section 8 of this chapter.
            (B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 8 of this chapter, a map of the new district boundaries.
    (d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.

SOURCE: IC 20-23-15-7.5; (13)AM131103.25. -->     SECTION 25. IC 20-23-15-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7.5. (a) Not later than December 31, 2013, the governing body shall do the following:
        (1) Send a copy of the school corporation's plan to the circuit court clerk of each county in which the school corporation is located.
        (2) If any members of the governing body are elected from election districts voted upon by only the registered voters residing within the election district, certify that the election districts comply with section 7 of this chapter.
    (b) This subsection applies during the first year after a year in which a federal decennial census is conducted. The governing body shall amend the plan if an amendment is necessary to reestablish the districts in compliance with section 7 of this chapter. If the governing body determines that a plan amendment is not required, the governing body shall recertify that the districts as established comply with section 7 of this chapter.
    (c) Each time the school corporation's plan is amended, the governing body shall file the following with the circuit court clerk of each county in which the school corporation is located:
        (1) A copy of the amendment.
        (2) Either of the following:
            (A) A certification that the plan amendment does not require reestablishment of the school corporation's election districts to comply with section 7 of this chapter.
            (B) If the plan amendment requires reestablishment of the school corporation's election districts to comply with section 7 of this chapter, a map of the new district

boundaries.
    (d) A plan amendment or recertification under this section must be filed not later than thirty (30) days after the amendment or recertification occurs.
".
    Delete pages 4 through 7.

SOURCE: Page 8, line 1; (13)AM131103.8. -->     Page 8, delete lines 1 through 5.
    Page 9, line 19, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 10, line 38, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 12, line 8, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 14, line 3, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 17, line 7, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 20, line 1, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 21, line 32, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 22, line 23, delete "recertify" and insert " adopt an ordinance recertifying".
    Page 22, after line 31, begin a new paragraph and insert:
SOURCE: ; (13)AM131103.34. -->     "SECTION 34. [EFFECTIVE JULY 1, 2013] (a) As used in this SECTION, "committee" refers to the census data advisory committee established by IC 2-5-19-2.
    (b) During the 2013 legislative interim, the committee shall do the following:
        (1) Study the standards for determining residency for purposes of voting, candidacy, and holding office in Indiana (IC 3-5-5).
        (2) Make any recommendations for changing those standards
as the committee considers appropriate.
    (c) This SECTION expires January 1, 2014.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1311 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Smith M


AM131103/DI 75    2013