March 30, 2001
ENGROSSED
HOUSE BILL No. 1849
_____
DIGEST OF HB 1849
(Updated March 29, 2001 8:19 AM - DI 71)
Citations Affected: IC 20-3; noncode.
Synopsis: Gary school board. Provides for the election of the member
of the governing body of the Gary school corporation who is currently
appointed by the mayor of the city of Gary. Adds an additional
nonvoting advisory member, appointed by the mayor, to the governing
body. Specifies when vacancies occur in the governing body, including
whenever a member ceases to be a resident of the school corporation,
whenever a member moves from the school district in which the
member was elected, and whenever a member fails to attend, except for
chronic illness, six regularly scheduled meetings in any 12 month
period.
Effective: July 1, 2001.
Brown C
(SENATE SPONSORS _ ROGERS, SMITH S)
January 17, 2001, read first time and referred to Committee on Education.
February 21, 2001, amended, reported _ Do Pass.
February 27, 2001, read second time, ordered engrossed.
February 28, 2001, engrossed.
March 5, 2001, read third time, recommitted to Committee of One, amended; passed. Yeas
98, nays 0.
March 6, 2001, re-engrossed.
SENATE ACTION
March 7, 2001, read first time and referred to Committee on Education.
March 29, 2001, amended, reported favorably _ Do Pass.
March 30, 2001
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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ENGROSSED
HOUSE BILL No. 1849
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 20-3-21-3; (01)EH1849.1.1. -->
SECTION 1. IC 20-3-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The governing
body of the school corporation consists of
one (1) nonvoting advisory
member appointed under subsection (c) and seven (7)
voting
members
Six (6) members shall be elected as follows:
(1) On a nonpartisan basis.
(2) In a primary election held in the county.
(3) At-large by the registered voters of the entire school
corporation.
(b) The membership shall be comprised of the following:
(1) Six (6) of the members shall be elected from the school
districts under section 4 of this chapter.
Each member shall be
elected from the school district in which the
members reside
member resides but
who shall, upon election and in conducting
the business of the governing body, represent the interests of the
entire school corporation.
(2) One (1) of the members
shall be appointed by the mayor of the
largest city contained within the school corporation. The member
must have knowledge or experience and be familiar with issues
related to school business, school finance, and school
administration. The member must have resided within the school
corporation boundaries the previous five (5) years. elected may
reside in any of the districts drawn under section 4 of this
chapter. Upon election and in conducting the business of the
governing body, a the member shall represent the interests of the
entire school corporation.
(c) The advisory member of the governing body shall be
appointed by the mayor of the largest city contained within the
school corporation's boundaries. The member must have
knowledge or experience and be familiar with issues related to
school business, school finance, and school administration. The
member must have resided within the school corporation's
boundaries for the previous five (5) years. The term of the member
appointed under this subsection is four (4) years. The member may
be reappointed.
SOURCE: IC 20-3-21-5; (01)EH1849.1.2. -->
SECTION 2. IC 20-3-21-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5.
(a) The six (6)
members who are elected for a position on the governing body
described under section 3(b)(1) of this chapter are determined as
follows:
(1) Each candidate must file a nomination petition with the clerk
of the circuit court at least seventy-four (74) days before the
election at which the members are to be elected and that includes
the following information:
(A) The name of the candidate.
(B) The district in which the candidate resides.
(C) The signatures of at least one hundred (100) registered
voters residing within the school corporation.
(D) The fact that the candidate is running for a district
position.
(E) A certification that the candidate meets the qualifications
for candidacy imposed by this chapter.
(2) Only eligible voters residing in the
school corporation district
may vote for a candidate.
(3) The candidate within each particular district who receives the
greatest number of votes within the
school corporation district is
elected.
(b) The member who is elected for a position on the governing
body described under section 3(b)(2) of this chapter is determined
as follows:
(1) Each candidate must file a nomination petition with the
clerk of the circuit court at least seventy-four (74) days before
the election at which the at-large member is to be elected. The
petition must include the following information:
(A) The name of the candidate.
(B) The signatures of at least one hundred (100) registered
voters residing within the school corporation.
(C) The fact that the candidate is running for the at-large
position on the governing body.
(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.
(3) The candidate who:
(A) runs for the at-large position on the governing body;
and
(B) receives the greatest number of votes within the school
corporation;
is elected to the at-large position.
SOURCE: IC 20-3-21-6; (01)EH1849.1.3. -->
SECTION 3. IC 20-3-21-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6.
The following
applies to (a) A candidate who runs for a position on the governing
body
(1) The candidate described under section 3(b)(1) of this
chapter must reside within the boundaries of the school
corporation
(2) The candidate must file a nomination petition with the clerk
of the circuit court at least seventy-four (74) days before the
election at which the member is to be elected. The petition must
include the following information:
(A) The name of the candidate.
(B) The signatures of at least one hundred (100) registered
voters residing within the school corporation.
(C) A certification that the candidate meets the qualifications
for candidacy imposed by this chapter.
(3) Eligible voters residing within the boundaries of the school
corporation may vote for the candidate.
(4) The candidate who receives the greatest number of votes is
elected.
district for which the candidate filed.
(b) A candidate who runs for the at-large position on the
governing body described in section 3(b)(2) of this chapter must
reside within the boundaries of the school corporation.
SOURCE: IC 20-3-21-9; (01)EH1849.1.4. -->
SECTION 4. IC 20-3-21-9, AS AMENDED BY P.L.122-2000,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 9. The members shall be elected as follows:
(1) Three (3) of the members elected under section 3(b)(1) of this
chapter shall be elected at the primary election to be held in 2000
and every four (4) years thereafter.
(2) Three (3) of the members elected under section 3(b)(1) of this
chapter shall be elected at the primary election to be held in 2002
and every four (4) years thereafter.
(3) The at-large member elected under section 3(b)(2) of this
chapter shall be elected at the primary election to be held in
2002 and every four (4) years thereafter.
SOURCE: IC 20-3-21-10; (01)EH1849.1.5. -->
SECTION 5. IC 20-3-21-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. Except for a
member appointed under section 3(b)(2) of this chapter, (a) A vacancy
on the governing body is created whenever any of the following
occur:
(1) The death of a member.
(2) The resignation of a member.
(3) A member ceases to be a resident of the school
corporation.
(4) A member fails to attend, except for chronic illness, six (6)
regularly scheduled meetings of the governing body in any
twelve (12) month period.
(5) A member moves from the school district in which the
member was elected.
(6) Any other reason provided by law that creates a vacancy.
(b) A vacancy on the governing body shall be filled temporarily by
the governing body as soon as practicable after the vacancy occurs.
SOURCE: ; (01)EH1849.1.6. -->
SECTION 6. [EFFECTIVE JULY 1, 2001]
(a) As used in this
SECTION, "governing body" refers to the governing body of a
school corporation covered by IC 20-3-21, as amended by this act.
(b) Notwithstanding IC 20-3-21, as in effect before July 1, 2001,
the term of office of the member of the governing body appointed
under IC 20-3-21-3(b)(2), as in effect before July 1, 2001, expires
June 30, 2004.
(c) The successor of the member of the governing body
appointed under IC 20-3-21-3(b)(2), as in effect before July 1, 2001,
shall be elected in the primary election to be held on May 4, 2004,
under IC 20-3-21, as amended by this act.
(d) Notwithstanding IC 20-3-21-3(c), as added by this act, the
mayor of the largest city contained within the boundaries of the
school corporation to which IC 20-3-21 applies shall make the
initial appointment of the advisory member required under
IC 20-3-21-3(c), as added by this act, for a term beginning July 1,
2004.
(e) This SECTION expires January 1, 2005.