Introduced Version




HOUSE BILL No. 1849

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-3-21.

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. Specifies when vacancies occur in the governing body, including whenever a member ceases to be a resident of the school corporation and whenever a member fails to attend six regularly scheduled meetings in any 12 month period.

Effective: July 1, 2001.



Brown C


    January 17, 2001, read first time and referred to Committee on Education.




Introduced

First Regular Session 112th General Assembly (2001)


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.
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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)IN1849.1.1. -->     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 seven (7) 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.

SOURCE: IC 20-3-21-5; (01)IN1849.1.2. -->     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 may vote for a candidate.
        (3) The candidate within each particular district who receives the greatest number of votes within the school corporation 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)IN1849.1.3. -->     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)IN1849.1.4. -->     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)IN1849.1.5. -->     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 six (6) regularly scheduled meetings of the governing body in any twelve (12) month period.
        (5) 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)IN1849.1.6. -->     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, 2002.
    (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 7, 2002, under IC 20-3-21 , as amended by this act.
    (d) This SECTION expires January 1, 2003.