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    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    WITHDRAWN        Noes _______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.)

________________________________________

Representative Aguilera


MO020702/DI 75     2002