PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 207 be amended to read as follows:
SOURCE: Page 4, line 21; (02)MO020702.4. -->
Page 4, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 20-3-23; (02)MO020702.4. -->
"SECTION 4.
IC 20-3-23
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 23. Election of School Board Members in East Chicago
Sec. 1. This chapter applies to a school corporation located in
a city that satisfies both of the following:
(1) The city has a population of more than thirty-two
thousand (32,000) but less than thirty-two thousand eight
hundred (32,800).
(2) The voters of the city have adopted this chapter through
a public question submitted to the voters of the city.
Sec. 2.
IC 20-4-10.1
does not apply to a school corporation or
the governing body of a school corporation covered by this
chapter.
Sec. 3. (a) The governing body of the school corporation
consists of nine (9) members chosen as follows:
(1) Six (6) of the members shall be elected from the school
districts established under section 4 of this chapter in which
the members reside.
(2) Three (3) of the members shall be appointed by the mayor
of the city. The members appointed under this subdivision
must have resided within the school corporation boundaries
the previous two (2) years. At least one (1) of the members
appointed under this subdivision must have knowledge of or
experience with issues related to school business, school
finance, and school administration.
(b) The six (6) members elected under subsection (a)(1) 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.
(c) Upon assuming office and in conducting the business of the
governing body, a member shall represent the interests of the
entire school corporation.
Sec. 4. The districts from which members are elected shall be
drawn on the same lines as the common council districts set forth
in
IC 36-4-6.
Sec. 5. The six (6) members to be elected for a position on the
governing body described under section 3(a)(1) of this chapter
shall be elected as follows:
(1) Each candidate must file a petition of nomination with the
circuit court clerk at least seventy-four (74) days before the
election at which the members are to be elected. The petition
of nomination must include 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 who resides within each particular district
who receives the greatest number of votes within the school
corporation is elected.
Sec. 6. The Indiana state board of education, with assistance
from the county election board, shall establish balloting
procedures under IC 3 for the election and all other procedures
required to implement this chapter.
Sec. 7. (a) The term of each person elected to serve on the
governing body is four (4) years, beginning July 1 following the
election.
(b) An individual appointed by the mayor under section 3(a)(2)
of this chapter serves at the pleasure of the mayor.
Sec. 8. The members shall be elected as follows:
(1) Three (3) of the members elected under section 3(a)(1) of
this chapter shall be elected at the primary election to be held
in 2004 and every four (4) years thereafter.
(2) Three (3) of the members elected under section 3(a)(1) of
this chapter shall be elected at the primary election to be held
in 2006 and every four (4) years thereafter.
Sec. 9. (a) A vacancy in the office of a member elected under
section 3(a)(1) of this chapter shall be filled temporarily by the
governing body as soon as practicable after the vacancy occurs. An
individual filling a vacancy under this subsection serves until the
expiration of the term of the member whose position the individual
fills.
(b) A vacancy in the office of a member appointed by the mayor
under section 3(a)(2) of this chapter shall be filled by the mayor.
Sec. 10. Before August 1 of each year, the school corporation
shall file with the state superintendent of public instruction a list of
the:
(1) names and addresses of members of the school
corporation's governing body;
(2) names and addresses of the school corporation's officers;
and
(3) expiration dates of the terms of the school corporation's
members and officers.
The school corporation shall file any changes in the list within
thirty (30) days after the changes occur.".
SOURCE: Page 14, line 39; (02)MO020702.14. -->
Page 14, after line 39, begin a new paragraph and insert:
SOURCE: ; (02)MO020702.15. -->
"SECTION 15. [EFFECTIVE UPON PASSAGE] (a) This
SECTION applies to a city having a population of more than
thirty-two thousand (32,000) but less than thirty-two thousand
eight hundred (32,800).
(b) The county election board of the county in which the city is
located shall place a local public question on the ballot at the
primary election held in the county on May 7, 2002, asking voters
of the city the following public question:
"Shall the governing body of the ___________________
(insert the name of the city) School Corporation consist of six
(6) members elected by the voters of the city and three (3)
members appointed by the mayor as provided in
IC 20-3-23?".
(c) The county election board shall tabulate the votes cast on the
public question described in this SECTION and certify the results
to each of the following:
(1) The state superintendent of public instruction.
(2) The mayor of the city.
(3) The governing body of the school corporation.
(d) Subject to this SECTION,
IC 3-10-9
applies to the public
question required by this SECTION.
(e) If the voters of the city approve the public question placed on
the ballot, the following apply:
(1)
IC 20-3-23
, as added by this act, applies to the school
corporation and the governing body of the school corporation
beginning July 1, 2003.
(2) Notwithstanding any other law, the terms of the members
of the governing body of the school corporation who hold
office on June 30, 2003, expire July 1, 2003.
(3) On July 1, 2003, all powers, duties, and functions adhering
to the governing body of the school corporation in existence
on June 30, 2003, are transferred to the governing body
established by
IC 20-3-23
, as added by this act.
(4) On July 1, 2003, the property and records of the governing
body of the school corporation in existence on June 30, 2003,
are transferred to the governing body established by
IC 20-3-23
, as added by this act.
(5) Notwithstanding
IC 20-3-23-8
, as added by this act, the six
(6) members of the governing body described in
IC 20-3-23-3
(a)(1), as added by this act, shall be elected at the
municipal primary election to be held on May 6, 2003. IC 3
and
IC 20-3-23
, as added by this act, except if in conflict with
this SECTION, apply to the election held under this
subdivision.
(6) Notwithstanding
IC 20-3-23-7
, as added by this act, the
terms of office of the members elected under subdivision (5)
expire as follows:
(A) The terms of office of the three (3) members who
receive the three (3) highest numbers of votes in the
election expire July 1, 2006.
(B) The terms of office of the three (3) members elected
under subdivision (5) not described in clause (A) expire
July 1, 2004.
(7) The successors of the members described in subdivision (6)
shall be elected as follows:
(A) The successors of the members described in
subdivision (6)(A) shall each be elected for a four (4) year
term at the primary election held May 2, 2006, as provided
in
IC 20-3-23-7
and
IC 20-3-23-8
, both as added by this act.
(B) The successors of the members described in subdivision
(6)(B) shall each be elected for a four (4) year term at the
primary election held May 4, 2004, as provided in
IC 20-3-23-7
and
IC 20-3-23-8
, both as added by this act.
(f) This SECTION expires July 1, 2006.
SOURCE: ; (02)MO020702.16. -->
SECTION 16.
An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 207 as printed February 22, 2002.)
________________________________________
MO020702/DI 75 2002