Citations Affected:
IC 5-4-1-1.2.
Synopsis: Oath of office. Provides that an individual appointed or
elected to an office of a political subdivision may take the oath of office
at any time after the individual's appointment or election. Provides that
an individual appointed or elected to an office of a political subdivision
must take the oath of office and deposit it as required by law not later
than 30 days after the beginning of the term of office. Provides that if
an individual appointed or elected to an office of a political subdivision
does not take and deposit the oath not later than 30 days after the
beginning of the term of office, the office becomes vacant.
Effective: January 1, 2000 (retroactive).
January 10, 2000, read first time and referred to Committee on Governmental and
Regulatory Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
SECTION 1.
IC 5-4-1-1.2
, AS AMENDED BY P.L.176-1999,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2000 (RETROACTIVE)]: Sec. 1.2. (a)
This section does not apply to an individual appointed or elected to an
office the establishment or qualifications of which are expressly
provided for in the Constitution of the State of Indiana or the
Constitution of the United States.
(b) If Subject to subsection (c), an officer individual appointed or
elected to an office of a political subdivision does not take and file
may take the oath required under section 1 of this chapter within at
any time after the individual's appointment or election.
(c) An individual appointed or elected to an office of a political
subdivision must take the oath required by section 1 of this chapter
and deposit the oath as required by section 4 of this chapter not
later than thirty (30) days after the beginning of the officer's term of
office.
(d) If an individual appointed or elected to an office of a political
subdivision does not comply with subsection (c), the office becomes
vacant.
SECTION 2. [EFFECTIVE JANUARY 1, 2000 (RETROACTIVE)]
(a) Notwithstanding
IC 5-4-1-1.2
, as amended by this act, an
individual appointed or elected to an office of a political
subdivision after November 1, 1999, and before July 1, 2000, does
not vacate the office under
IC 5-4-1-1.2
, as amended by this act, if
all of the following apply:
(1) The individual took the oath required by
IC 5-4-1-1
at any
time after the individual's appointment or election.
(2) The individual took the oath required by
IC 5-4-1-1
not
later than thirty (30) days after the beginning of the term of
office.
(3) The oath was deposited with the appropriate office not
later than December 31, 2000, under
IC 5-4-1-4
, as in effect
July 1, 2000.
(b) This SECTION expires January 1, 2004
SECTION 3. An emergency is declared for this act.