Indiana 2022 Regular Session

Indiana Senate Bill SB0144 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 144
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-8; IC 3-10-8-1; IC 3-11-2-12.9; IC 3-12-9;
7	7	IC 3-13-10.5; IC 20-23; IC 20-25-3-4; IC 20-26-4; IC 33-33-53-5.
8	8	Synopsis: School board elections. Provides that a candidate for
9	9	election to the governing body of a school corporation may not be any
10	10	of the following: (1) A teacher employed by the school corporation. (2)
11	11	A member, an employee, or a contractor of a labor organization with
12	12	which the school corporation engages in collective bargaining.
13	13	Provides that candidates for election to the governing body of a school
14	14	corporation may request that the candidate's affiliation with a major
15	15	political party be indicated with the candidate's name on the general
16	16	election ballot. Provides that, beginning with the 2022 general election,
17	17	all members of the governing body of a school corporation must be
18	18	elected, eliminating the appointment of members of the governing
19	19	body. Changes population parameters to reflect the population count
20	20	determined under the 2020 decennial census.
21	21	Effective: Upon passage.
22	22	Baldwin, Raatz, Buchanan
23	23	January 4, 2022, read first time and referred to Committee on Education and Career
24	24	Development.
25	25	2022 IN 144—LS 6559/DI 75 Introduced
26	26	Second Regular Session of the 122nd General Assembly (2022)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2021 Regular Session of the General Assembly.
36	36	SENATE BILL No. 144
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning
38	38	elections.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 3-8-1-34, AS AMENDED BY P.L.233-2015,
41	41	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	3 UPON PASSAGE]: Sec. 34. (a) A candidate for a school board office
43	43	4 must satisfy the following:
44	44	5 (1) The candidate must have resided in the school corporation
45	45	6 for at least one (1) year before the election.
46	46	7 (2) The candidate may not be any of the following:
47	47	8 (A) A teacher employed by the school corporation.
48	48	9 (B) A member, an employee, or a contractor of a labor
49	49	10 organization with which the school corporation engages in
50	50	11 collective bargaining.
51	51	12 (b) This subsection applies to a candidate for school board office
52	52	13 seeking to represent an election district that consists of less than the
53	53	14 entire school corporation. In addition to the requirements of
54	54	15 subsection (a), the candidate must have resided in the election district
55	55	16 for at least one (1) year before the election.
56	56	17 SECTION 2. IC 3-8-2.5-2.5, AS AMENDED BY P.L.169-2015,
57	57	2022 IN 144—LS 6559/DI 75 2
58	58	1 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
59	59	2 UPON PASSAGE]: Sec. 2.5. (a) A petition of nomination for a school
60	60	3 board office must state all of the following:
61	61	4 (1) The name of each candidate as:
62	62	5 (A) the candidate wants the candidate's name to appear on the
63	63	6 ballot; and
64	64	7 (B) the candidate's name is permitted to appear on the ballot
65	65	8 under IC 3-5-7.
66	66	9 (2) The address of each candidate, including the mailing address,
67	67	10 if different from the residence address of the candidate.
68	68	11 (3) The school board office that each candidate seeks.
69	69	12 (4) That each petitioner is a qualified registered voter and desires
70	70	13 to be able to vote for the candidates listed on the petition.
71	71	14 (5) If the candidate wants to state the candidate's political
72	72	15 affiliation with a major political party, the candidate's
73	73	16 political party affiliation. Unless the candidate's political
74	74	17 party affiliation is successfully challenged under section 7 of
75	75	18 this chapter, the candidate's political party affiliation stated
76	76	19 on the petition shall be indicated on the ballot in the manner
77	77	20 determined by the county election board.
78	78	21 (b) The petition of nomination must be accompanied by the
79	79	22 following:
80	80	23 (1) The candidate's written consent to become a candidate.
81	81	24 (2) A statement that the candidate:
82	82	25 (A) is aware of the provisions of IC 3-9 regarding campaign
83	83	26 finance and the reporting of campaign contributions and
84	84	27 expenditures; and
85	85	28 (B) agrees to comply with the provisions of IC 3-9 referred to
86	86	29 in clause (A).
87	87	30 (3) A statement by the candidate that the candidate is aware of the
88	88	31 requirement to file a campaign finance statement of organization
89	89	32 under IC 3-9 after the first of either of the following occurs:
90	90	33 (A) The candidate receives more than five hundred dollars
91	91	34 ($500) in contributions.
92	92	35 (B) The candidate makes more than five hundred dollars
93	93	36 ($500) in expenditures.
94	94	37 (4) A statement indicating whether or not each candidate:
95	95	38 (A) has been a candidate for state, legislative, local, or school
96	96	39 board office in a previous primary, municipal, special, or
97	97	40 general election; and
98	98	41 (B) has filed all reports required by IC 3-9-5-10 for all
99	99	42 previous candidacies.
100	100	2022 IN 144—LS 6559/DI 75 3
101	101	1 (5) A statement that each candidate is legally qualified to hold the
102	102	2 office that the candidate seeks, including any applicable residency
103	103	3 requirements and restrictions on service due to a criminal
104	104	4 conviction.
105	105	5 (6) Any statement of economic interests required under IC 3-8-9.
106	106	6 (7) The certification of the county chairman, if required under
107	107	7 subsection (c).
108	108	8 (c) A candidate may claim affiliation with a major political
109	109	9 party under subsection (a)(5) only if one (1) of the following
110	110	10 applies:
111	111	11 (1) The candidate voted in the two (2) most recent primary
112	112	12 elections in Indiana held by the party with which the
113	113	13 candidate claims affiliation. The petition must provide a place
114	114	14 for the candidate to affirm the candidate's primary election
115	115	15 participation, if the candidate chooses to claim affiliation with
116	116	16 a major political party.
117	117	17 (2) If the candidate did not vote in the two (2) most recent
118	118	18 primary elections in Indiana held by the party with which the
119	119	19 candidate claims affiliation, the county chairman of:
120	120	20 (A) the political party with which the candidate claims
121	121	21 affiliation; and
122	122	22 (B) the county in which the candidate resides;
123	123	23 must certify in writing that the candidate is a member of the
124	124	24 political party with which the candidate claims affiliation. The
125	125	25 candidate must file a copy of the county chairman's
126	126	26 certification with the candidate's petition.
127	127	27 The petition of nomination must inform candidates how political
128	128	28 party affiliation is determined under this subsection.
129	129	29 SECTION 3. IC 3-8-2.5-7, AS ADDED BY P.L.194-2013,
130	130	30 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
131	131	31 UPON PASSAGE]: Sec. 7. (a) A person may not be selected as a
132	132	32 candidate by petition of nomination without giving written consent and
133	133	33 having it filed with the public official with whom certificates and
134	134	34 petitions of nomination are required to be filed.
135	135	35 (b) Each candidate nominated by petition of nomination for a school
136	136	36 board office must satisfy all statutory eligibility requirements for the
137	137	37 office for which the candidate is nominated, including the filing of
138	138	38 statements of economic interest.
139	139	39 (c) A statement questioning the validity of a petition of nomination
140	140	40 or contesting the denial of certification under section 6 of this chapter
141	141	41 must be filed with the county election board in accordance with
142	142	42 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
143	143	2022 IN 144—LS 6559/DI 75 4
144	144	1 the general election. A question regarding the validity of a petition of
145	145	2 nomination or the denial of certification shall be referred to and
146	146	3 determined by the county election board not later than noon fifty-four
147	147	4 (54) days before the date of the general election.
148	148	5 (d) A statement concerning the validity of a declaration of intent to
149	149	6 be a write-in candidate for a school board office under section 4 of this
150	150	7 chapter must be filed with the county election board in accordance with
151	151	8 IC 3-8-1-2 not later than noon sixty-seven (67) days before the date of
152	152	9 the general election. A question regarding the validity of a declaration
153	153	10 of intent to be a write-in candidate for a school board office shall be
154	154	11 referred to and determined by the county election board not later than
155	155	12 noon fifty-four (54) days before the date of the general election.
156	156	13 (e) If a candidate's petition claims that the candidate is affiliated
157	157	14 with a major political party, that statement may be challenged
158	158	15 under this subsection. A challenge under this subsection succeeds
159	159	16 only if the challenger shows both of the following:
160	160	17 (1) The candidate did not vote in the two (2) most recent
161	161	18 primary elections in Indiana held by the party with which the
162	162	19 candidate claims affiliation.
163	163	20 (2) The county chairman of:
164	164	21 (A) the political party with which the candidate claims
165	165	22 affiliation; and
166	166	23 (B) the county in which the candidate resides;
167	167	24 did not certify that the candidate is a member of the political
168	168	25 party with which the candidate claims affiliation. If the
169	169	26 candidate produces a copy of the certification of the county
170	170	27 chairman of the political party with which the candidate
171	171	28 claims affiliation at the time the candidate filed the petition,
172	172	29 the claim of a challenger is conclusively rebutted.
173	173	30 (f) Unless a challenger shows under subsection (e) that a
174	174	31 candidate is not affiliated with the major political party with which
175	175	32 the candidate claims affiliation, the candidate's claimed political
176	176	33 party affiliation shall be indicated on the ballot as required by
177	177	34 section 2.5(a)(5) of this chapter.
178	178	35 SECTION 4. IC 3-10-8-1, AS AMENDED BY P.L.219-2013,
179	179	36 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
180	180	37 UPON PASSAGE]: Sec. 1. A special election shall be held in the
181	181	38 following cases:
182	182	39 (1) Whenever two (2) or more candidates for a federal, state,
183	183	40 legislative, or circuit or school board office receive the highest
184	184	41 greatest and an equal number of votes for the office, except as
185	185	42 provided in Article 5, Section 5 of the Constitution of the State of
186	186	2022 IN 144—LS 6559/DI 75 5
187	187	1 Indiana. or in IC 20.
188	188	2 (2) Whenever a vacancy occurs in the office of United States
189	189	3 Senator, as provided in IC 3-13-3-1.
190	190	4 (3) Whenever a vacancy occurs in the office of United States
191	191	5 Representative unless the vacancy occurs less than seventy-four
192	192	6 (74) days before a general election.
193	193	7 (4) Whenever a vacancy occurs in any local office the filling of
194	194	8 which is not otherwise provided by law.
195	195	9 (5) Whenever required by law for a public question.
196	196	10 (6) Whenever ordered by a court under IC 3-12-8-17 or the state
197	197	11 recount commission under IC 3-12-11-18.
198	198	12 (7) Whenever required under IC 3-13-5 to fill a vacancy in a
199	199	13 legislative office unless the vacancy occurs less than seventy-four
200	200	14 (74) days before a general election.
201	201	15 SECTION 5. IC 3-11-2-12.9, AS AMENDED BY P.L.109-2021,
202	202	16 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203	203	17 UPON PASSAGE]: Sec. 12.9. (a) School board offices to be elected at
204	204	18 the general election shall be placed on the general election ballot after
205	205	19 the offices described in section 12.4 of this chapter. with each
206	206	20 candidate for the office designated as "nonpartisan".
207	207	21 (b) If the ballot contains a candidate for a school board office, the
208	208	22 ballot must also contain a statement that reads substantially as follows:
209	209	23 "To vote for a candidate for this office, make a voting mark on or in the
210	210	24 square to the left of the candidate's name.".
211	211	25 (c) Whenever candidates are to be elected to a school board office
212	212	26 that includes both an at-large member and a member representing a
213	213	27 district, the candidates seeking election as an at-large member shall be
214	214	28 placed on the ballot before candidates seeking to represent a district.
215	215	29 SECTION 6. IC 3-12-9-3, AS AMENDED BY P.L.230-2005,
216	216	30 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
217	217	31 UPON PASSAGE]: Sec. 3. Whenever a circuit court clerk receives
218	218	32 certification that a tie vote at an election for a local office or a school
219	219	33 board office occurred, the clerk shall immediately send a written notice
220	220	34 of the tie vote to the following:
221	221	35 (1) If the tie vote occurred in an election for a local office, the
222	222	36 fiscal body of the affected political subdivision. or
223	223	37 (2) If the tie vote occurred in an election for a circuit office in a
224	224	38 circuit that includes more than one county, to the fiscal body of
225	225	39 each county of the circuit.
226	226	40 (3) If the tie vote occurred in an election for a school board
227	227	41 office, the school board of the affected school corporation.
228	228	42 SECTION 7. IC 3-12-9-4, AS AMENDED BY P.L.85-2017,
229	229	2022 IN 144—LS 6559/DI 75 6
230	230	1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
231	231	2 UPON PASSAGE]: Sec. 4. (a) This section does not apply if a tie
232	232	3 vote occurred in an election for a school board office.
233	233	4 (a) (b) The fiscal body of a political subdivision that receives notice
234	234	5 under section 3 of this chapter shall resolve the tie vote by electing a
235	235	6 person to fill the office not later than December 31 following the
236	236	7 election at which the tie vote occurred. The fiscal body shall select one
237	237	8 (1) of the candidates who was involved in the tie vote to fill the office.
238	238	9 (b) (c) If a tie vote has occurred in an election for a circuit office in
239	239	10 a circuit that contains more than one (1) county, the fiscal bodies of the
240	240	11 counties shall meet in joint session at the county seat of the county that
241	241	12 contains the greatest percentage of population of the circuit to select
242	242	13 one (1) of the candidates who was involved in the tie vote in order to
243	243	14 fill the office in accordance with this section.
244	244	15 (c) (d) If a tie vote has occurred for the election of more than one (1)
245	245	16 at-large seat on a legislative or fiscal body, the fiscal body shall select
246	246	17 the number of individuals necessary to fill each of the at-large seats for
247	247	18 which the tie vote occurred. However, a member of a fiscal body who
248	248	19 runs for reelection and is involved in a tie vote may not cast a vote
249	249	20 under this section.
250	250	21 (d) (e) The executive of the political subdivision (other than a town
251	251	22 or a school corporation) may cast the deciding vote to break a tie vote
252	252	23 in a fiscal body acting under this section. The clerk-treasurer of the
253	253	24 town may cast the deciding vote to break a tie vote in a town fiscal
254	254	25 body acting under this section. A tie vote in the fiscal body of a school
255	255	26 corporation under this section shall be broken under IC 20-23.
256	256	27 SECTION 8. IC 3-12-9-5 IS AMENDED TO READ AS FOLLOWS
257	257	28 [EFFECTIVE UPON PASSAGE]: Sec. 5. Whenever a tie vote at an
258	258	29 election for:
259	259	30 (1) a state office; or
260	260	31 (2) a local office; or
261	261	32 (3) a school board office;
262	262	33 occurs, the incumbent public official remains in office in accordance
263	263	34 with Article 15, Section 3 of the Constitution of the State of Indiana
264	264	35 until a successor is elected under this chapter and qualified.
265	265	36 SECTION 9. IC 3-13-10.5 IS ADDED TO THE INDIANA CODE
266	266	37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
267	267	38 UPON PASSAGE]:
268	268	39 Chapter 10.5. School Corporation Governing Body; Resolving
269	269	40 Tie Votes; Filling Vacancies
270	270	41 Sec. 1. As used in this chapter, "governing body" refers to either
271	271	42 of the following:
272	272	2022 IN 144—LS 6559/DI 75 7
273	273	1 (1) The governing body of a school corporation.
274	274	2 (2) The school advisory body of a school corporation.
275	275	3 Sec. 2. (a) This section applies if the governing body receives
276	276	4 notice under IC 3-12-9-3 that a tie vote has occurred in the election
277	277	5 of a member of the governing body.
278	278	6 (b) If a tie vote occurs at an election for a member of the
279	279	7 governing body and one (1) of the candidates involved in the tie
280	280	8 vote is an incumbent member of the governing body, the incumbent
281	281	9 member remains in office in accordance with Article 15, Section 3
282	282	10 of the Constitution of the State of Indiana until a successor is
283	283	11 elected and qualified as provided in this section.
284	284	12 (c) The members of the governing body shall resolve the tie vote
285	285	13 by electing one (1) individual from among the candidates who was
286	286	14 involved in the tie vote to fill the office.
287	287	15 (d) If a tie vote has occurred for the election of more than one
288	288	16 (1) at-large seat on the governing body, the governing body shall
289	289	17 select the number of individuals necessary to fill each of the
290	290	18 at-large seats for which the tie vote occurred from among the
291	291	19 candidates who were involved in the tie vote.
292	292	20 (e) If a member of the governing body is one (1) of the
293	293	21 candidates involved in the tie vote, that member may not cast a
294	294	22 vote under this section.
295	295	23 (f) The governing body shall act under this section not later than
296	296	24 December 31 following the election at which the tie vote occurred.
297	297	25 Sec. 3. (a) A vacancy on the governing body in an office that was
298	298	26 last held by an individual elected or selected as a candidate of a
299	299	27 major political party of Indiana shall be filled by a caucus under
300	300	28 IC 3-13-11.
301	301	29 (b) A vacancy on the governing body in an office that was last
302	302	30 held by an individual elected as a candidate other than as a
303	303	31 candidate of a major political party of Indiana shall be filled as
304	304	32 provided in IC 20-26-4.
305	305	33 SECTION 10. IC 20-23-4-12, AS AMENDED BY P.L.43-2021,
306	306	34 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
307	307	35 UPON PASSAGE]: Sec. 12. (a) In formulating a preliminary
308	308	36 reorganization plan and with respect to each of the community school
309	309	37 corporations that are a part of the reorganization plan, the county
310	310	38 committee shall determine the following:
311	311	39 (1) The name of the community school corporation.
312	312	40 (2) Subject to subsection (e), a general description of the
313	313	41 boundaries of the community school corporation.
314	314	42 (3) With respect to the board of school trustees, the following:
315	315	2022 IN 144—LS 6559/DI 75 8
316	316	1 (A) Whether the number of members is:
317	317	2 (i) three (3);
318	318	3 (ii) five (5); or
319	319	4 (iii) seven (7).
320	320	5 (B) Whether That the members are shall be elected or
321	321	6 appointed. as provided by law.
322	322	7 (C) If the members are appointed:
323	323	8 (i) when the appointments are made; and
324	324	9 (ii) who makes the appointments.
325	325	10 (D) (C) If the members are elected, That the election is
326	326	11 members are elected at the general election at which county
327	327	12 officials are elected.
328	328	13 (E) (D) Subject to sections 21 and 22 of this chapter, the
329	329	14 manner in which members are elected. or appointed.
330	330	15 (4) The compensation, if any, of the members of the regular and
331	331	16 interim board of school trustees, which may not exceed the
332	332	17 amount provided in IC 20-26-4-7.
333	333	18 (5) Subject to subsection (f), qualifications required of the
334	334	19 members of the board of school trustees, including limitations on:
335	335	20 (A) residence; and
336	336	21 (B) term of office.
337	337	22 (6) If an existing school corporation is divided in the
338	338	23 reorganization, the disposition of assets and liabilities.
339	339	24 (7) The disposition of school aid bonds, if any.
340	340	25 (b) If existing school corporations are not divided in the
341	341	26 reorganization, the:
342	342	27 (1) assets;
343	343	28 (2) liabilities; and
344	344	29 (3) obligations;
345	345	30 of the existing school corporations shall be transferred to and assumed
346	346	31 by the new community school corporation of which they are a part,
347	347	32 regardless of whether the plan provides for transfer and assumption.
348	348	33 (c) The preliminary plan must be supported by a summary statement
349	349	34 of the following:
350	350	35 (1) The educational improvements the plan's adoption will make
351	351	36 possible.
352	352	37 (2) Data showing the:
353	353	38 (A) assessed valuation;
354	354	39 (B) number of resident students in ADA in grades 1 through
355	355	40 12;
356	356	41 (C) assessed valuation per student referred to in clause (B);
357	357	42 and
358	358	2022 IN 144—LS 6559/DI 75 9
359	359	1 (D) property tax levies;
360	360	2 of each existing school corporation to which the plan applies.
361	361	3 (3) The:
362	362	4 (A) assessed valuation;
363	363	5 (B) resident ADA; and
364	364	6 (C) assessed valuation per student;
365	365	7 data referred to in subdivision 2(A) through 2(C) that would have
366	366	8 applied for each proposed community school corporation if the
367	367	9 corporation existed in the year the preliminary plan is prepared or
368	368	10 notice of a hearing or hearings on the preliminary plan is given by
369	369	11 the county committee.
370	370	12 (4) Any other data or information the county committee considers
371	371	13 appropriate or that may be required by the state board in its rules.
372	372	14 (d) The county committee:
373	373	15 (1) shall base the assessed valuations and tax levies referred to in
374	374	16 subsection (c)(2) through (c)(3) on the valuations applying to
375	375	17 taxes collected in:
376	376	18 (A) the year the preliminary plan is prepared; or
377	377	19 (B) the year notice of a hearing or hearings on the preliminary
378	378	20 plan is given by the county committee;
379	379	21 (2) may base the resident ADA figures on the calculation of the
380	380	22 figures under the rules under which they are submitted to the
381	381	23 secretary of education by existing school corporations; and
382	382	24 (3) shall set out the resident ADA figures for:
383	383	25 (A) the school year in progress if the figures are available for
384	384	26 that year; or
385	385	27 (B) the immediately preceding school year if the figures are
386	386	28 not available for the school year in progress.
387	387	29 The county committee may obtain the data and information referred to
388	388	30 in this subsection from any source the committee considers reliable. If
389	389	31 the county committee attempts in good faith to comply with this
390	390	32 subsection, the summary statement referred to in subsection (c) is
391	391	33 sufficient regardless of whether the statement is exactly accurate.
392	392	34 (e) The general description referred to in subsection (a)(2) may
393	393	35 consist of an identification of an existing school corporation that is to
394	394	36 be included in its entirety in the community school corporation. If a
395	395	37 boundary does not follow the boundary of an existing civil unit of
396	396	38 government or school corporation, the description must set out the
397	397	39 boundary:
398	398	40 (1) as near as reasonably possible by:
399	399	41 (A) streets;
400	400	42 (B) rivers; and
401	401	2022 IN 144—LS 6559/DI 75 10
402	402	1 (C) other similar boundaries;
403	403	2 that are known by common names; or
404	404	3 (2) if descriptions as described in subdivision (1) are not possible,
405	405	4 by section lines or other legal description.
406	406	5 The description is not defective if there is a good faith effort by the
407	407	6 county committee to comply with this subsection or if the boundary
408	408	7 may be ascertained with reasonable certainty by a person skilled in the
409	409	8 area of real estate description. The county committee may require the
410	410	9 services of the county surveyor in preparing a description of a boundary
411	411	10 line.
412	412	11 (f) A member of the board of school trustees:
413	413	12 (1) may not serve an appointive or elective a term of more than
414	414	13 four (4) years; and
415	415	14 (2) may serve more than one (1) consecutive appointive or
416	416	15 elective term.
417	417	16 SECTION 11. IC 20-23-4-16, AS ADDED BY P.L.1-2005,
418	418	17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
419	419	18 UPON PASSAGE]: Sec. 16. The form of a preliminary or final
420	420	19 comprehensive plan of reorganization is sufficient if the plan contains
421	421	20 in its own terms or by reference the following for each proposed
422	422	21 community school corporation:
423	423	22 (1) The name of the proposed community school corporation.
424	424	23 (2) A general description of the boundaries of the community
425	425	24 school corporation as provided in section 12 of this chapter.
426	426	25 (3) The number of members of the board of school trustees and
427	427	26 whether that the members are elected. or appointed.
428	428	27 (4) The manner in which the board of school trustees, other than
429	429	28 the interim board, is elected. or appointed.
430	430	29 (5) If a school corporation is divided as part of the reorganization,
431	431	30 the disposition of assets and liabilities of the school corporation.
432	432	31 (6) The statement required by section 12 of this chapter if that
433	433	32 statement is submitted or adopted with the plan.
434	434	33 SECTION 12. IC 20-23-4-19, AS AMENDED BY P.L.43-2021,
435	435	34 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
436	436	35 UPON PASSAGE]: Sec. 19. (a) If the creation of a community school
437	437	36 corporation out of an existing corporation:
438	438	37 (1) would not involve a change in its territorial boundaries or in
439	439	38 its board of school trustees or other governing body, other than a
440	440	39 change in the time of election or appointment or the time the
441	441	40 board members take office; and
442	442	41 (2) is consistent with the standards set up under this chapter and
443	443	42 the standards set out in this section;
444	444	2022 IN 144—LS 6559/DI 75 11
445	445	1 the state board may on its own motion or on petition of the governing
446	446	2 body of the existing school corporation at any time with hearing in the
447	447	3 county where the school corporation is located, after notice by
448	448	4 publication at least once in one (1) newspaper of general circulation
449	449	5 published in the county where the school corporation is located, at least
450	450	6 ten (10) but not more than thirty (30) days before the date of a hearing,
451	451	7 and without action of the county committee declare the existing school
452	452	8 corporation to be a community school corporation by adopting a
453	453	9 resolution to this effect. The existing school corporation qualifies as to
454	454	10 size and financial resources if it has an ADA of at least two hundred
455	455	11 seventy (270) students in grades 9 through 12 or at least one thousand
456	456	12 (1,000) students in grades 1 through 12, and has an assessed valuation
457	457	13 per student of at least five thousand dollars ($5,000).
458	458	14 (b) For purposes of this section, the following terms have the
459	459	15 following meanings:
460	460	16 (1) "County tax" means a property tax:
461	461	17 (A) that is levied at an equal rate in the entire county in which
462	462	18 any school corporation is located, other than a tax qualifying
463	463	19 as a countywide tax within the meaning of Acts 1959, c.328,
464	464	20 s.2, or any similar statute; and
465	465	21 (B) for which the net proceeds of which are distributed to
466	466	22 school corporations in the county.
467	467	23 (2) "Assessed valuation" of any school corporation means the net
468	468	24 assessed value of its real and personal property as of March 1,
469	469	25 1964, adjusted in the same manner as the assessed valuation is
470	470	26 adjusted for each county by the department of local government
471	471	27 finance under Acts 1949, c.247, s.5, as amended, unless that
472	472	28 statute has been repealed or no longer provides for an adjustment.
473	473	29 If a county has a county tax, the assessed valuation of each school
474	474	30 corporation in the county shall be increased by the amount of
475	475	31 assessed valuation, if any, that would be required to raise an
476	476	32 amount of money, equal to the excess of the amount distributed
477	477	33 to any school corporation from the county tax over the amount
478	478	34 collected from the county tax in the school corporation, using
479	479	35 total taxes levied by the school corporation in terms of rate:
480	480	36 (A) excluding the countywide tax under Acts 1959, c.328, s.2,
481	481	37 or any similar statute; and
482	482	38 (B) including all other taxes levied by or for the school
483	483	39 corporation.
484	484	40 The increased valuation shall be based on the excess distributed
485	485	41 to the school corporation from the county tax levied for the year
486	486	42 1964 and the total taxes levied for the year, or if the county tax is
487	487	2022 IN 144—LS 6559/DI 75 12
488	488	1 first applied or is raised for years after 1964, then the excess
489	489	2 distributions and total taxes levied for the year in which the tax is
490	490	3 first applied or raised. If the excess distribution and total taxes
491	491	4 levied cannot be determined accurately on or before the adoption
492	492	5 of the resolution provided in this section, excess distribution and
493	493	6 taxes levied shall be estimated by the department of local
494	494	7 government finance using the last preceding assessed valuations
495	495	8 and tax rates or such other information as that department
496	496	9 determines, certifying the increased assessment to the state board
497	497	10 before such time. In all cases, the excess distribution shall be
498	498	11 determined upon the assumption that the county tax is one
499	499	12 hundred percent (100%) collected and all collections are
500	500	13 distributed.
501	501	14 (3) "Assessed valuation per student" of any school corporation
502	502	15 means the assessed valuation of any school corporation divided
503	503	16 by its ADA in grades 1 through 12.
504	504	17 (4) "ADA" in any school corporation means the average daily
505	505	18 attendance of students who are residents in the school corporation
506	506	19 and in the particular grades to which the term refers for the school
507	507	20 year 1964-1965 in accordance with the applicable regulations of
508	508	21 the secretary of education, used in determining average daily
509	509	22 attendance in the distribution of the tuition funds by the state to
510	510	23 its various school corporations where funds are distributed on
511	511	24 such basis and irrespective of whether the figures are the actual
512	512	25 resident daily attendance of the school for the school year.
513	513	26 (c) The community school corporation automatically comes into
514	514	27 being on either July 1 or January 1 following the date of approval,
515	515	28 whichever is earlier. The state board shall mail by certified mail, return
516	516	29 receipt requested, a copy of the resolution certified by the county
517	517	30 committee's chairperson or secretary to:
518	518	31 (1) the recorder of the county from which the county committee
519	519	32 having jurisdiction of the existing school corporation was
520	520	33 appointed; and
521	521	34 (2) the county committee.
522	522	35 The resolution may change the time of election or appointment of the
523	523	36 board of trustees of the school corporation or the time the trustees take
524	524	37 office. The recorder shall without cost record the certified resolution in
525	525	38 the miscellaneous records of the county. The recording constitutes a
526	526	39 permanent record of the action of the state board and may be relied on
527	527	40 by any person. Unless the resolution provides that an interim member
528	528	41 of the board of trustees shall not be appointed, the board of trustees in
529	529	42 office on the date of the action continues to constitute the board of
530	530	2022 IN 144—LS 6559/DI 75 13
531	531	1 trustees of the school corporation until their successors are qualified,
532	532	2 and the terms of their respective office and board membership remain
533	533	3 unchanged except to the extent the resolution otherwise provides. For
534	534	4 purposes of this chapter and IC 20-23-16-1 through IC 20-23-16-5, a
535	535	5 community school corporation shall be regarded as a school
536	536	6 corporation created under section 16 of this chapter.
537	537	7 SECTION 13. IC 20-23-4-20, AS ADDED BY P.L.1-2005,
538	538	8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
539	539	9 UPON PASSAGE]: Sec. 20. (a) After the state board approves a
540	540	10 comprehensive plan or partial plan for reorganization of school
541	541	11 corporations as submitted to the state board by a county committee, the
542	542	12 state board shall promptly, by certified mail with return receipt
543	543	13 requested, give written notice of the approval to:
544	544	14 (1) the chairperson of the county committee submitting the plan;
545	545	15 and
546	546	16 (2) the judge of the circuit court of the county from which the
547	547	17 county committee was appointed.
548	548	18 (b) After notice is given under subsection (a), a community school
549	549	19 corporation proposed by a plan referred to in subsection (a) may be
550	550	20 created:
551	551	21 (1) by petition as provided in this section;
552	552	22 (2) by election as provided in section 21 of this chapter; or
553	553	23 (3) under section 22 of this chapter.
554	554	24 (c) After receipt of the plan referred to in subsection (a) by the
555	555	25 county committee and before or after the election described in section
556	556	26 21 of this chapter, a community school corporation proposed by a plan
557	557	27 referred to in subsection (a) may be created by a petition. The petition
558	558	28 must be signed by at least fifty-five percent (55%) of the registered
559	559	29 voters residing in the community school corporation, determined in the
560	560	30 manner set out in this section, and filed by any signer or by the county
561	561	31 committee with the clerk or clerks of the circuit court or courts of the
562	562	32 county or counties where the voters reside. The petition must state that
563	563	33 the signers request the establishment of a community school
564	564	34 corporation and must contain the following information:
565	565	35 (1) The name of the proposed community school corporation.
566	566	36 (2) A general description of the boundaries as set out in the plan.
567	567	37 (3) The number of members of the board of school trustees.
568	568	38 (4) The manner in which:
569	569	39 (A) the permanent board of school trustees will be elected;
570	570	40 and
571	571	41 (B) if covered in the plan, the interim board of school trustees
572	572	42 will be elected or appointed.
573	573	2022 IN 144—LS 6559/DI 75 14
574	574	1 (5) The compensation, if any, of the members of:
575	575	2 (A) the permanent board of school trustees; and
576	576	3 (B) if covered in the plan, the interim board of school trustees.
577	577	4 (6) The disposition, if any, of assets and liabilities of each existing
578	578	5 school corporation that:
579	579	6 (A) is included in the proposed community school corporation;
580	580	7 and
581	581	8 (B) has been divided.
582	582	9 (7) The disposition of school aid bonds, if any.
583	583	10 (d) The petition referred to in subsection (c) must show:
584	584	11 (1) the date on which each person signed the petition; and
585	585	12 (2) the person's residence address on that date.
586	586	13 The petition may be executed in several counterparts, the total of which
587	587	14 constitutes the petition described in this section. An affidavit of the
588	588	15 person circulating a counterpart must be attached to the counterpart.
589	589	16 The affidavit must state that each signature appearing on the
590	590	17 counterpart was affixed in the person's presence and is the true and
591	591	18 lawful signature of the signer. Each signer on the petition may
592	592	19 withdraw the signer's signature from the petition before the petition is
593	593	20 filed with the clerk of the circuit court. Names may not be added to the
594	594	21 petition after the petition is filed with the clerk of the circuit court.
595	595	22 (e) After receipt of the petition referred to in subsection (c), the
596	596	23 clerk of the circuit court shall make a certification under the clerk's
597	597	24 hand and seal of the clerk's office as to:
598	598	25 (1) the number of signers of the petition;
599	599	26 (2) the number of signers of the petition who are registered voters
600	600	27 residing in:
601	601	28 (A) the proposed community school corporation; or
602	602	29 (B) the part of the school corporation located in the clerk's
603	603	30 county;
604	604	31 as disclosed by the voter registration records of the county;
605	605	32 (3) the number of registered voters residing in:
606	606	33 (A) the proposed community school corporation; or
607	607	34 (B) the part of the school corporation located in the clerk's
608	608	35 county;
609	609	36 as disclosed by the voter registration records of the county; and
610	610	37 (4) the date of the filing of the petition with the clerk.
611	611	38 If a proposed community school corporation includes only part of a
612	612	39 voting precinct, the clerk of the circuit court shall ascertain from any
613	613	40 means, including assistance from the county committee, the number of
614	614	41 registered voters residing in the part of the voting precinct.
615	615	42 (f) The clerk of the circuit court shall make the certification referred
616	616	2022 IN 144—LS 6559/DI 75 15
617	617	1 to in subsection (e):
618	618	2 (1) not later than thirty (30) days after the filing of the petition
619	619	3 under subsection (c), excluding from the calculation of that period
620	620	4 the time during which the registration records are unavailable to
621	621	5 the clerk; or
622	622	6 (2) within any additional time as is reasonably necessary to permit
623	623	7 the clerk to make the certification.
624	624	8 In certifying the number of registered voters, the clerk shall disregard
625	625	9 any signature on the petition not made in the ninety (90) days that
626	626	10 immediately precede the filing of the petition with the clerk as shown
627	627	11 by the dates set out in the petition. The clerk shall establish a record of
628	628	12 the certification in the clerk's office and shall return the certification to
629	629	13 the county committee.
630	630	14 (g) If the certification or combined certifications received from the
631	631	15 clerk or clerks disclose that the petition was signed by at least fifty-five
632	632	16 percent (55%) of the registered voters residing in the community
633	633	17 school corporation, the county committee shall publish a notice in two
634	634	18 (2) newspapers of general circulation in the community school
635	635	19 corporation. The notice must:
636	636	20 (1) state that the steps necessary for the creation and
637	637	21 establishment of the community school corporation have been
638	638	22 completed; and
639	639	23 (2) set forth:
640	640	24 (A) the number of registered voters residing in the community
641	641	25 school corporation who signed the petition; and
642	642	26 (B) the number of registered voters residing in the community
643	643	27 school corporation.
644	644	28 (h) A community school corporation created by a petition under this
645	645	29 section takes effect on the earlier of:
646	646	30 (1) July 1; or
647	647	31 (2) January 1;
648	648	32 that next follows the date of publication of the notice referred to in
649	649	33 subsection (g).
650	650	34 (i) If a public official fails to perform a duty required of the official
651	651	35 under this chapter within the time prescribed in this section and
652	652	36 sections 21 through 24 of this chapter, the omission does not invalidate
653	653	37 the proceedings taken under this chapter.
654	654	38 (j) An action:
655	655	39 (1) to contest the validity of the formation or creation of a
656	656	40 community school corporation under this section;
657	657	41 (2) to declare that a community school corporation:
658	658	42 (A) has not been validly formed or created; or
659	659	2022 IN 144—LS 6559/DI 75 16
660	660	1 (B) is not validly existing; or
661	661	2 (3) to enjoin the operation of a community school corporation;
662	662	3 may not be instituted later than thirty (30) days after the date of
663	663	4 publication of the notice referred to in subsection (g).
664	664	5 SECTION 14. IC 20-23-4-27, AS ADDED BY P.L.1-2005,
665	665	6 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
666	666	7 UPON PASSAGE]: Sec. 27. (a) Subsections (b) and (c) do not apply
667	667	8 to a community school corporation created before March 12, 1965. A
668	668	9 community school corporation created before March 12, 1965, shall
669	669	10 operate in accordance with the plan under which it was created and the
670	670	11 statutes applicable to that plan, as if Acts 1965, c.336, s.4 had not been
671	671	12 enacted.
672	672	13 (b) If the members of a governing body are elected, The members
673	673	14 shall be elected in accordance with one (1) of the options set forth in
674	674	15 subsection (c) or in accordance with section 35 of this chapter. The
675	675	16 options must be set out in the plan with sufficient description to permit
676	676	17 the plan to be operable with respect to the community school
677	677	18 corporation. The description may be partly or wholly by reference to
678	678	19 the applicable option.
679	679	20 (c) The options described in subsection (b) are the following:
680	680	21 (1) Members of a governing body:
681	681	22 (A) may reside anywhere in the school corporation; and
682	682	23 (B) shall be voted upon by all registered voters living within
683	683	24 the school corporation voting at any governing body member
684	684	25 election.
685	685	26 (2) The community school corporation shall be divided into two
686	686	27 (2) or more residence districts with one (1) or more members of
687	687	28 the governing body resident within each of the residence districts.
688	688	29 The plan may also provide that one (1) or more members of the
689	689	30 governing body may reside anywhere in the community school
690	690	31 corporation. The plan:
691	691	32 (A) must set out the number of members to be elected from
692	692	33 each district;
693	693	34 (B) may provide for the election of an equal number of
694	694	35 members from each district; and
695	695	36 (C) must set out the number, if any, to be elected at large
696	696	37 without reference to governing body member districts.
697	697	38 Under this option, all candidates must be voted on by all
698	698	39 registered voters of the community school corporation voting at
699	699	40 any governing body member election.
700	700	41 (3) The community school corporation shall be divided into three
701	701	42 (3) residence districts of approximately equal population. In a
702	702	2022 IN 144—LS 6559/DI 75 17
703	703	1 district divided into three (3) residence districts, if:
704	704	2 (A) the governing body consists of three (3) members, one (1)
705	705	3 member must reside in each residence district;
706	706	4 (B) the governing body consists of five (5) members, two (2)
707	707	5 members may not reside in any one (1) residence district; and
708	708	6 (C) the governing body consists of seven (7) members, at least
709	709	7 two (2) shall be elected from each residence district.
710	710	8 Candidates shall be voted on by all registered voters of the
711	711	9 community school corporation voting at any governing body
712	712	10 member election.
713	713	11 (4) The community school corporation shall be divided into two
714	714	12 (2) or more electoral districts. Each member:
715	715	13 (A) serves from one (1) electoral district;
716	716	14 (B) must be a resident of the district; and
717	717	15 (C) must be voted upon by the registered voters residing
718	718	16 within the electoral district and voting at any governing body
719	719	17 member election.
720	720	18 The plan must set out the number to be elected from each
721	721	19 electoral district and may provide for election of an equal number
722	722	20 of members from each district. The plan must provide that not
723	723	21 less than one (1) less than a majority of the governing body may
724	724	22 reside anywhere in the community school corporation and must
725	725	23 be voted upon by all its registered voters voting at any governing
726	726	24 body member election.
727	727	25 (5) The community school corporation consists of one (1)
728	728	26 electoral district that must embrace the entire community school
729	729	27 corporation from which a majority of the members of the
730	730	28 governing body shall be elected by all the registered voters of the
731	731	29 community school corporation voting at a governing body
732	732	30 member election. The other electoral districts must be
733	733	31 subdivisions of the community school corporation. Each of the
734	734	32 remaining members of the governing body:
735	735	33 (A) serves from one (1) of the latter electoral districts;
736	736	34 (B) must be a resident of that district; and
737	737	35 (C) must be voted upon by registered voters voting at a
738	738	36 governing body member election.
739	739	37 The plan must set out the number to be elected from each district
740	740	38 and may provide for the election of an equal number of members
741	741	39 from the district.
742	742	40 (6) The community school corporation shall be divided into two
743	743	41 (2) or more electoral districts. Each member:
744	744	42 (A) serves from one (1) electoral district;
745	745	2022 IN 144—LS 6559/DI 75 18
746	746	1 (B) must be a resident of that district; and
747	747	2 (C) must be voted upon only by the registered voters residing
748	748	3 within that district who vote at a governing body election.
749	749	4 The plan must set out the number of members to be elected from
750	750	5 each electoral district in the school corporation and may provide
751	751	6 for election of an equal number of members from each district.
752	752	7 SECTION 15. IC 20-23-4-28 IS REPEALED [EFFECTIVE UPON
753	753	8 PASSAGE]. Sec. 28. (a) Subsections (b) through (g) do not apply to a
754	754	9 community school corporation created before March 12, 1965. A
755	755	10 community school corporation created before March 12, 1965, shall
756	756	11 operate in accordance with the plan under which it was created and the
757	757	12 statutes applicable to that plan, as if Acts 1965, c.336, s.4 had not been
758	758	13 enacted.
759	759	14 (b) If the members of the governing body are to be appointed, they
760	760	15 shall be appointed in accordance with one (1) of the options described
761	761	16 in subsection (c). The option must be set out in the plan with sufficient
762	762	17 description to permit the plan to be operable with respect to each
763	763	18 community school corporation. The description may be partly or wholly
764	764	19 by reference to the applicable option provided in this section.
765	765	20 (c) The options described in subsection (b) are the following:
766	766	21 (1) Members of the governing body may reside anywhere in the
767	767	22 community school corporation.
768	768	23 (2) The community school corporation shall be divided into two
769	769	24 (2) or more governing body member districts, any one (1) of
770	770	25 which may embrace the entire community school corporation.
771	771	26 Each member:
772	772	27 (A) serves from a particular district; and
773	773	28 (B) must be a resident of the district.
774	774	29 The plan must set out the number to be appointed from each
775	775	30 district and may provide for an equal number of members from
776	776	31 each district.
777	777	32 (d) The plan, under either option in subsection (c), may provide that
778	778	33 the first appointments of the governing body members are for staggered
779	779	34 terms of not more than four (4) years. Thereafter, appointments shall
780	780	35 be made for terms of four (4) years. All terms of office for appointive
781	781	36 governing body members expire June 30 in the applicable year.
782	782	37 (e) A plan providing for the appointment of members of the
783	783	38 governing body must designate the appointing authority. The authority
784	784	39 may be the same for each governing body member and must be one (1)
785	785	40 or more of the following:
786	786	41 (1) The judge of the circuit or superior court.
787	787	42 (2) The city executive.
788	788	2022 IN 144—LS 6559/DI 75 19
789	789	1 (3) The legislative body of a city.
790	790	2 (4) The board of commissioners of a county.
791	791	3 (5) The county fiscal body.
792	792	4 (6) The town legislative body.
793	793	5 (7) The township executive.
794	794	6 (8) The township legislative body.
795	795	7 (9) A township executive and legislative body jointly.
796	796	8 (10) More than one (1) township executive and legislative body
797	797	9 jointly.
798	798	10 (f) If an appointment is to be made by:
799	799	11 (1) a body, the appointment must be made by a majority vote of
800	800	12 the body in official session;
801	801	13 (2) township executives, the appointment must be made by a
802	802	14 majority vote of the executives taken in joint session; and
803	803	15 (3) township legislative bodies, the appointment must be made by
804	804	16 a majority vote of the total number of township legislative body
805	805	17 members by a majority vote of the members, taken in joint
806	806	18 session.
807	807	19 (g) If a member of the governing body, whether of the interim
808	808	20 governing body or regular governing body, is to be appointed, and the
809	809	21 beginning of the appointive member's term of office coincides with the
810	810	22 date an individual assumes the office of the official who is to make the
811	811	23 appointment, the appointment shall be made by the latter individual. If
812	812	24 the appointing official or body fails to appoint a member of the first
813	813	25 governing body within five (5) days after a community school
814	814	26 corporation comes into being, or, for members appointed after the first
815	815	27 board is appointed, within five (5) days after a member is to take office,
816	816	28 the member of the governing body shall be appointed:
817	817	29 (1) by the judge of the circuit court; or
818	818	30 (2) in the case of a united school corporation, by the judge of the
819	819	31 circuit court of the county having the most students enrolled in the
820	820	32 united school corporation.
821	821	33 SECTION 16. IC 20-23-4-29.1, AS ADDED BY P.L.179-2011,
822	822	34 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
823	823	35 UPON PASSAGE]: Sec. 29.1. (a) This section applies to each school
824	824	36 corporation.
825	825	37 (b) If a plan provides for election of members of the governing
826	826	38 body, The members of the governing body shall be elected at a general
827	827	39 election. Each candidate must file a petition of nomination in
828	828	40 accordance with IC 3-8-2.5 that is signed by the candidate and by ten
829	829	41 (10) registered voters residing within the boundaries of the community
830	830	42 school corporation. The filing must be made within the time specified
831	831	2022 IN 144—LS 6559/DI 75 20
832	832	1 by IC 3-8-2.5-4. The following applies to the election of members of
833	833	2 the governing body:
834	834	3 (1) The plan determines whether members are elected:
835	835	4 (A) by all the voters of the school corporation;
836	836	5 (B) by all the voters of the school corporation from
837	837	6 residence districts; or
838	838	7 (C) solely by the voters of each election district established
839	839	8 under the plan.
840	840	9 (2) IC 3 governs the nomination and election of members of
841	841	10 the governing body.
842	842	11 (c) All nominations shall be listed for each office in the form
843	843	12 prescribed by IC 3-11-2, but without party designation. Voting and
844	844	13 tabulation of votes shall be conducted in the same manner as voting
845	845	14 and tabulation in general elections are conducted. The precinct election
846	846	15 boards serving in each county shall conduct the election for members
847	847	16 of the governing body. If a school corporation is located in more than
848	848	17 one (1) county, each county election board shall print the ballots
849	849	18 required for voters in that county to vote for candidates for members of
850	850	19 the governing body.
851	851	20 (d) If the plan provides that the members of the governing body
852	852	21 shall be elected by all the voters of the community school corporation,
853	853	22 candidates shall be placed on the ballot in the form prescribed by
854	854	23 IC 3-11-2, without party designation. The candidates who receive the
855	855	24 most votes are elected.
856	856	25 (e) If the plan provides that members of the governing body are to
857	857	26 be elected from residence districts by all voters in the community
858	858	27 school corporation, nominees for the governing body shall be placed on
859	859	28 the ballot in the form prescribed by IC 3-11-2, by residence districts
860	860	29 without party designation. The ballot must state the number of
861	861	30 members to be voted on and the maximum number of members that
862	862	31 may be elected from each residence district as provided in the plan. A
863	863	32 ballot is not valid if more than the maximum number of members are
864	864	33 voted on from a board member residence district. The candidates who
865	865	34 receive the most votes are elected. However, if more than the
866	866	35 maximum number that may be elected from a residence district are
867	867	36 among those receiving the most votes, the candidates from the
868	868	37 residence districts exceeding the maximum number who receive the
869	869	38 fewest votes shall be eliminated in determining the candidates who are
870	870	39 elected.
871	871	40 (f) If the plan provides that members of the governing body are to
872	872	41 be elected from electoral districts solely by the voters of each district,
873	873	42 nominees residing in each electoral district shall be placed on the ballot
874	874	2022 IN 144—LS 6559/DI 75 21
875	875	1 in the form prescribed by IC 3-11-2, without party designation. The
876	876	2 ballot must state the number of members to be voted on from the
877	877	3 electoral district. The candidates residing in the electoral district who
878	878	4 receive the most votes are elected.
879	879	5 SECTION 17. IC 20-23-4-30, AS AMENDED BY P.L.193-2021,
880	880	6 SECTION 102, IS AMENDED TO READ AS FOLLOWS
881	881	7 [EFFECTIVE UPON PASSAGE]: Sec. 30. (a) This section applies to
882	882	8 each school corporation.
883	883	9 (b) If a tie vote occurs among any of the candidates, the tie vote
884	884	10 shall be resolved under IC 3-12-9-4. as provided in IC 3-13-10.5-2.
885	885	11 (c) If after the first governing body takes office, fewer candidates
886	886	12 have been elected to the school board than there were members to be
887	887	13 elected, the governing body shall determine not later than noon
888	888	14 December 31 following the election which incumbent member or
889	889	15 members continue to hold office under Article 15, Section 3 of the
890	890	16 Constitution of the State of Indiana until a successor is elected and
891	891	17 qualified. However,
892	892	18 (d) If there is a vacancy on the governing body, whether the
893	893	19 vacating member was elected or appointed, the remaining members of
894	894	20 the governing body, whether or not a majority of the governing body,
895	895	21 shall by a majority vote fill the vacancy by appointing a person from
896	896	22 within the boundaries of the community school corporation to serve for
897	897	23 the term or balance of the term. An individual appointed under this
898	898	24 subsection must possess the qualifications provided for a regularly
899	899	25 elected or appointed governing body member filling the office. If:
900	900	26 (1) a tie vote occurs among the members of the governing body
901	901	27 under this subsection or IC 3-12-9-4; or
902	902	28 (2) the governing body fails to act within thirty (30) days after any
903	903	29 vacancy occurs;
904	904	30 the judge of the circuit court in the county where the majority of
905	905	31 registered voters of the school corporation reside shall make the
906	906	32 appointment. the vacancy shall be filled as provided in
907	907	33 IC 3-13-10.5-3.
908	908	34 (d) (e) A vacancy in the governing body occurs if a member ceases
909	909	35 to be a resident of any the community school corporation. A vacancy
910	910	36 does not occur when the member moves from a district of the school
911	911	37 corporation from which the member was elected or appointed if the
912	912	38 member continues to be a resident of the school corporation.
913	913	39 (e) (f) At the first general election in which members of the
914	914	40 governing body are elected:
915	915	41 (1) a simple majority of the candidates elected as members of the
916	916	42 governing body who receive the greatest number of votes shall be
917	917	2022 IN 144—LS 6559/DI 75 22
918	918	1 elected for four (4) year terms; and
919	919	2 (2) the balance of the candidates elected as members of the
920	920	3 governing body receiving the next greatest number of votes shall
921	921	4 be elected for two (2) year terms.
922	922	5 Thereafter, all school board members shall be elected for four (4) year
923	923	6 terms.
924	924	7 (f) (g) Elected governing body members take office and assume
925	925	8 their duties on the date set in the school corporation's organization plan.
926	926	9 The date set in the organization plan for an elected member of the
927	927	10 governing body to take office may not be more than fourteen (14)
928	928	11 months after the date of the member's election. If the school
929	929	12 corporation's organization plan does not set a date for an elected
930	930	13 member of the governing body to take office, the member takes office
931	931	14 January 1 immediately after the member's election.
932	932	15 SECTION 18. IC 20-23-4-31, AS ADDED BY P.L.1-2005,
933	933	16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
934	934	17 UPON PASSAGE]: Sec. 31. (a) This section applies to each school
935	935	18 corporation.
936	936	19 (b) If the plan provides for the election of members of the governing
937	937	20 body of the community school corporation:
938	938	21 (1) The judge of the circuit court or,
939	939	22 (2) in the case of a united school corporation, the judge of the
940	940	23 circuit court of the county having the most students enrolled in the
941	941	24 united school corporation
942	942	25 shall appoint interim governing body members in accordance with the
943	943	26 plan approved by the county committee and the state board.
944	944	27 (c) The members of the governing body appointed under
945	945	28 subsection (b) serve until their successors are elected and qualified.
946	946	29 (d) Instead of appointment, the plan may provide for an alternative
947	947	30 method of appointing the members of the interim governing body of a
948	948	31 community or united school corporation. The appointment under this
949	949	32 subsection must be made by one (1) or more of the following class of
950	950	33 officials: listed in section 28(e) of this chapter.
951	951	34 (1) The judge of the circuit or superior court.
952	952	35 (2) The city executive.
953	953	36 (3) The legislative body of a city.
954	954	37 (4) The board of commissioners of a county.
955	955	38 (5) The county fiscal body.
956	956	39 (6) The town legislative body.
957	957	40 (7) The township executive.
958	958	41 (8) The township legislative body.
959	959	42 (9) A township executive and legislative body jointly.
960	960	2022 IN 144—LS 6559/DI 75 23
961	961	1 (10) More than one (1) township executive and legislative
962	962	2 body jointly.
963	963	3 SECTION 19. IC 20-23-4-35, AS AMENDED BY P.L.271-2013,
964	964	4 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
965	965	5 UPON PASSAGE]: Sec. 35. (a) The governing body of a school
966	966	6 corporation may be organized under this section.
967	967	7 (b) The governing body consists of seven (7) members, elected as
968	968	8 follows:
969	969	9 (1) Four (4) members elected from districts, with one (1) member
970	970	10 serving from each election district. A member elected under this
971	971	11 subdivision must be:
972	972	12 (A) a resident of the election district from which the member
973	973	13 is elected; and
974	974	14 (B) voted upon by only the registered voters residing within
975	975	15 the election district and voting at a governing body election.
976	976	16 (2) Three (3) members, who are voted upon by all the registered
977	977	17 voters residing within the school corporation and voting at a
978	978	18 governing body election, elected under this subdivision. The
979	979	19 governing body shall establish three (3) residential districts as
980	980	20 follows:
981	981	21 (A) One (1) residential district must be the township that has
982	982	22 the greatest population within the school corporation.
983	983	23 (B) Two (2) residential districts must divide the remaining
984	984	24 area within the school corporation.
985	985	25 Only one (1) member who resides within a particular residential
986	986	26 district established under this subdivision may serve on the
987	987	27 governing body at a time.
988	988	28 (c) A member of the governing body who is:
989	989	29 (1) elected from an election or a residential district; or
990	990	30 (2) appointed to fill a vacancy from an election or a residential
991	991	31 district;
992	992	32 must reside within the boundaries of the district the member represents.
993	993	33 (d) A vacancy on the governing body shall be filled by the
994	994	34 governing body as soon as practicable after the vacancy occurs. A
995	995	35 member chosen by the governing body to fill a vacancy holds office for
996	996	36 the remainder of the unexpired term. as provided in IC 3-13-10.5-3.
997	997	37 (e) The members of the governing body serving at the time a plan
998	998	38 is amended under this section shall establish the election and
999	999	39 residential districts described in subsection (b).
1000	1000	40 (f) The election districts described in subsection (b)(1):
1001	1001	41 (1) shall be drawn on the basis of precinct lines;
1002	1002	42 (2) may not cross precinct lines; and
1003	1003	2022 IN 144—LS 6559/DI 75 24
1004	1004	1 (3) as nearly as practicable, be of equal population, with the
1005	1005	2 population of the largest exceeding the population of the smallest
1006	1006	3 by not more than fifteen percent (15%).
1007	1007	4 (g) The residential districts described in subsection (b)(2) may:
1008	1008	5 (1) be drawn in any manner considered appropriate by the
1009	1009	6 governing body; and
1010	1010	7 (2) be drawn along township lines.
1011	1011	8 (h) The governing body shall certify the districts that are established
1012	1012	9 under subsections (f) and (g), amended under subsection (e), or
1013	1013	10 recertified under section 35.5 of this chapter to:
1014	1014	11 (1) the state board; and
1015	1015	12 (2) the circuit court clerk of each county in which the school
1016	1016	13 corporation is located as provided in section 35.5 of this chapter.
1017	1017	14 (i) The governing body shall designate:
1018	1018	15 (1) three (3) of the districts established under this section to be
1019	1019	16 elected at the first school board election that occurs after the
1020	1020	17 effective date of the plan; and
1021	1021	18 (2) the remaining four (4) districts to be elected at the second
1022	1022	19 school board election that occurs after the effective date of the
1023	1023	20 plan.
1024	1024	21 (j) The limitations set forth in this section are part of the plan, but
1025	1025	22 do not have to be specifically set forth in the plan. The plan must be
1026	1026	23 construed, if possible, to comply with this chapter. If a provision of the
1027	1027	24 plan or an application of the plan violates this chapter, the invalidity
1028	1028	25 does not affect the other provisions or applications of the plan that can
1029	1029	26 be given effect without the invalid provision or application. The
1030	1030	27 provisions of the plan are severable.
1031	1031	28 (k) If a conflict exists between:
1032	1032	29 (1) a map showing the boundaries of a district; and
1033	1033	30 (2) a description of the boundaries of that district set forth in the
1034	1034	31 plan or plan amendment;
1035	1035	32 the district boundaries are the description of the boundaries set forth in
1036	1036	33 the plan or plan amendment, not the boundaries shown on the map, to
1037	1037	34 the extent there is a conflict between the description and the map.
1038	1038	35 SECTION 20. IC 20-23-4-44, AS AMENDED BY P.L.119-2012,
1039	1039	36 SECTION 145, IS AMENDED TO READ AS FOLLOWS
1040	1040	37 [EFFECTIVE UPON PASSAGE]: Sec. 44. (a) This section applies only
1041	1041	38 to a school corporation with territory in a county having a population
1042	1042	39 of more than one hundred seventy eighty-five thousand (170,000)
1043	1043	40 185,000 but and less than one two hundred seventy-five thousand
1044	1044	41 (175,000). (200,000).
1045	1045	42 (b) This section applies If there is a
1046	1046	2022 IN 144—LS 6559/DI 75 25
1047	1047	1 (1) tie vote in an election for a member of the governing body of
1048	1048	2 a school corporation, or
1049	1049	3 (2) vacancy on the governing body of a school corporation.
1050	1050	4 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1051	1051	5 (c) Notwithstanding any other law, If a tie vote occurs among any
1052	1052	6 of the candidates for the governing body or a vacancy occurs on the
1053	1053	7 governing body, the remaining members of the governing body, even
1054	1054	8 if the remaining members do not constitute a majority of the governing
1055	1055	9 body, shall by a majority vote of the remaining members:
1056	1056	10 (1) select one (1) of the candidates who shall be declared and
1057	1057	11 certified elected; or
1058	1058	12 (2) fill the vacancy by appointing an individual to fill the vacancy.
1059	1059	13 the vacancy shall be filled as provided in IC 3-13-10.5-3.
1060	1060	14 (d) An individual appointed to fill a vacancy under subsection
1061	1061	15 (c)(2):
1062	1062	16 (1) must satisfy all the qualifications required of a member of the
1063	1063	17 governing body; and
1064	1064	18 (2) shall fill the remainder of the unexpired term of the vacating
1065	1065	19 member.
1066	1066	20 (e) If a tie vote occurs among the remaining members of the
1067	1067	21 governing body or the governing body fails to act within thirty (30)
1068	1068	22 days after the election or the vacancy occurs, the fiscal body (as
1069	1069	23 defined in IC 3-5-2-25) of the township in which the greatest
1070	1070	24 percentage of population of the school district resides shall break the
1071	1071	25 tie or make the appointment. A member of the fiscal body who was a
1072	1072	26 candidate and is involved in a tie vote may not cast a vote under this
1073	1073	27 subsection.
1074	1074	28 (f) If the fiscal body of a township is required to act under this
1075	1075	29 section and a vote in the fiscal body results in a tie, the deciding vote
1076	1076	30 to break the tie vote shall be cast by the executive.
1077	1077	31 SECTION 21. IC 20-23-5-11, AS ADDED BY P.L.1-2005,
1078	1078	32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1079	1079	33 UPON PASSAGE]: Sec. 11. (a) Within sixty (60) days after the
1080	1080	34 annexation takes place, the governing body of the acquiring school
1081	1081	35 corporation and losing school corporation shall adopt a plan
1082	1082	36 determining the manner in which the governing body shall be
1083	1083	37 constituted. The plan shall be adopted in accordance with the
1084	1084	38 requirements and procedures of IC 20-23-8, except as set out in
1085	1085	39 subsection (b).
1086	1086	40 (b) The adoption of a plan by the governing body in accordance with
1087	1087	41 IC 20-23-8-10 and its submission to the state board under
1088	1088	42 IC 20-23-8-15 are the only procedures required when an existing plan
1089	1089	2022 IN 144—LS 6559/DI 75 26
1090	1090	1 is changed as follows:
1091	1091	2 (1) All governing body members are elected at large, and there
1092	1092	3 are no governing body member residency districts.
1093	1093	4 (2) Governing body members are elected from governing body
1094	1094	5 member residency districts, and the annexed territory is added to
1095	1095	6 or deleted from one (1) or more districts.
1096	1096	7 (3) A governing body member is appointed from a given area or
1097	1097	8 district, and the annexed territory is added to or deleted from one
1098	1098	9 (1) or more districts or areas.
1099	1099	10 (4) (3) A governing body member is elected solely by the voters
1100	1100	11 in a school governing body member district, but the addition or
1101	1101	12 deletion of the annexed territory to or from an existing district
1102	1102	13 does not constitute a denial of equal protection of the laws.
1103	1103	14 If a school corporation elects or appoints members of its governing
1104	1104	15 body both from a school governing body member district encompassing
1105	1105	16 the entire school corporation and from smaller districts, the governing
1106	1106	17 body of the acquiring school corporation shall add the annexed territory
1107	1107	18 both to the district consisting of the entire school corporation and to
1108	1108	19 one (1) or more smaller districts. In a comparable situation, the losing
1109	1109	20 school corporation shall delete the annexed territory both from the
1110	1110	21 district consisting of the entire school corporation and from any smaller
1111	1111	22 district or districts. The change in the plan becomes effective upon its
1112	1112	23 approval by the state board. The application of this subsection does not
1113	1113	24 limit the initiation of, or further changes in, any plan under IC 20-23-8.
1114	1114	25 SECTION 22. IC 20-23-6-3, AS AMENDED BY P.L.152-2021,
1115	1115	26 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1116	1116	27 UPON PASSAGE]: Sec. 3. (a) If the governing bodies of at least two
1117	1117	28 (2) school corporations desire to consolidate school corporations, the
1118	1118	29 governing bodies may meet together and adopt a joint resolution
1119	1119	30 declaring intention to consolidate school corporations. The resolution
1120	1120	31 must set out the following information concerning the proposed
1121	1121	32 consolidation:
1122	1122	33 (1) The name of the proposed new school corporation.
1123	1123	34 (2) The number of members on the governing body and the
1124	1124	35 manner in which they shall be elected. or appointed.
1125	1125	36 (A) If members are to be elected, the resolution must provide
1126	1126	37 for:
1127	1127	38 (i) the manner of the nomination of members;
1128	1128	39 (ii) who shall constitute the board of election
1129	1129	40 commissioners;
1130	1130	41 (iii) who shall appoint inspectors, judges, clerks, and
1131	1131	42 sheriffs; and
1132	1132	2022 IN 144—LS 6559/DI 75 27
1133	1133	1 (iv) any other provisions desirable in facilitating the
1134	1134	2 election.
1135	1135	3 (B) Where applicable and not in conflict with the resolution,
1136	1136	4 the election is governed by the general election laws of
1137	1137	5 Indiana, including the registration laws. IC 3 applies to the
1138	1138	6 nomination and election of candidates to the governing
1139	1139	7 body.
1140	1140	8 (3) Limitations on residences, term of office, and other
1141	1141	9 qualifications required of the members of the governing body. A
1142	1142	10 resolution may not provide for an appointive or elective a term of
1143	1143	11 more than four (4) years. A member may succeed himself or
1144	1144	12 herself in office.
1145	1145	13 (4) Names of present school corporations that are to be merged
1146	1146	14 together as a consolidated school corporation.
1147	1147	15 In addition, the resolution may specify the time when the consolidated
1148	1148	16 school corporation comes into existence.
1149	1149	17 (b) The number of members on the governing body as provided in
1150	1150	18 the resolution may not be less than three (3) or more than seven (7).
1151	1151	19 However, the joint resolution may provide for a board of nine (9)
1152	1152	20 members if the proposed consolidated school corporation is formed out
1153	1153	21 of two (2) or more school corporations that:
1154	1154	22 (1) have entered into an interlocal agreement to construct and
1155	1155	23 operate a joint high school; or
1156	1156	24 (2) are operating a joint high school that has an enrollment of at
1157	1157	25 least six hundred (600) in grades 9 through 12 at the time the joint
1158	1158	26 resolution is adopted.
1159	1159	27 (c) The members of the governing body shall, after adopting a joint
1160	1160	28 resolution, give notice by publication once each week for two (2)
1161	1161	29 consecutive weeks:
1162	1162	30 (1) with each notice by publication in a newspaper of general
1163	1163	31 circulation, if any, in each of the school corporations, or, if a
1164	1164	32 newspaper is not published in the school corporation, publication
1165	1165	33 shall be made in the nearest newspaper published in the county in
1166	1166	34 which the school corporation is located; or
1167	1167	35 (2) with the first publication of notice in the newspaper or
1168	1168	36 newspapers as provided in subdivision (1) and the second
1169	1169	37 publication of notice:
1170	1170	38 (A) in accordance with IC 5-3-5; and
1171	1171	39 (B) on the official web sites of each of the school corporations.
1172	1172	40 (d) The governing bodies of school corporations shall hold a public
1173	1173	41 meeting one (1) week after the date of the appearance of the last
1174	1174	42 publication of notice of intention to consolidate.
1175	1175	2022 IN 144—LS 6559/DI 75 28
1176	1176	1 (e) If a protest has not been filed, as provided in this chapter, the
1177	1177	2 governing bodies shall declare by joint resolution the consolidation of
1178	1178	3 the school corporations to be accomplished, to take effect as provided
1179	1179	4 in section 8 of this chapter. However, on or before the sixth day
1180	1180	5 following the last publication of the notice of intention to consolidate,
1181	1181	6 twenty percent (20%) of the legal voters residing in any school
1182	1182	7 corporation may petition the governing body of the school corporations
1183	1183	8 for an election to determine whether or not the majority of the voters
1184	1184	9 of the school corporation is in favor of consolidation.
1185	1185	10 SECTION 23. IC 20-23-6-6, AS AMENDED BY P.L.43-2021,
1186	1186	11 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1187	1187	12 UPON PASSAGE]: Sec. 6. (a) On the day and hour named in the
1188	1188	13 notice filed under section 5 of this chapter, polls shall be opened and
1189	1189	14 the votes of the registered voters shall be taken upon the public
1190	1190	15 question of consolidating school corporations. The election shall be
1191	1191	16 governed by IC 3, except as provided in this chapter.
1192	1192	17 (b) The county election board shall conduct the election. The public
1193	1193	18 question shall be placed on the ballot in the form prescribed by
1194	1194	19 IC 3-10-9-4 and must state "Shall (here insert the names of the school
1195	1195	20 corporations that the resolution proposes to consolidate) be
1196	1196	21 consolidated into a consolidated school corporation?".
1197	1197	22 (c) A brief statement of the provisions in the resolution for
1198	1198	23 appointment or election of a governing body may be placed on the
1199	1199	24 ballot in the form prescribed by IC 3-10-9-4. A certificate of the votes
1200	1200	25 cast for and against the consolidation of the school corporations shall
1201	1201	26 be filed with:
1202	1202	27 (1) the governing body of the school corporations subject to the
1203	1203	28 election;
1204	1204	29 (2) the secretary of education; and
1205	1205	30 (3) the county recorder of each county in which a consolidated
1206	1206	31 school corporation is located;
1207	1207	32 together with a copy of the resolution.
1208	1208	33 (d) If a majority of the votes cast at each of the elections is in favor
1209	1209	34 of the consolidation of two (2) or more school corporations, the trustees
1210	1210	35 of the school corporations shall proceed to consolidate the schools and
1211	1211	36 provide the necessary buildings and equipment. In any school
1212	1212	37 corporation where a petition was not filed and an election was not held,
1213	1213	38 the failure on the part of the voters to file a petition for an election shall
1214	1214	39 be considered to give the consent of the voters of the school
1215	1215	40 corporation to the consolidation as set out in the resolution.
1216	1216	41 (e) If the special election is not conducted at a primary or general
1217	1217	42 election, the expense of the election shall be borne by the school
1218	1218	2022 IN 144—LS 6559/DI 75 29
1219	1219	1 corporation or each of the school corporations subject to the election
1220	1220	2 and shall be paid out of the school corporation's operations fund.
1221	1221	3 SECTION 24. IC 20-23-6-9, AS AMENDED BY P.L.244-2017,
1222	1222	4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1223	1223	5 UPON PASSAGE]: Sec. 9. (a) When any:
1224	1224	6 (1) school town;
1225	1225	7 (2) school city;
1226	1226	8 (3) school township;
1227	1227	9 (4) joint school; or
1228	1228	10 (5) consolidated school;
1229	1229	11 has become consolidated by resolution or election and the new
1230	1230	12 governing body has been appointed and legally organized, the former
1231	1231	13 school township, school town, school city, joint school, or consolidated
1232	1232	14 school is considered abandoned.
1233	1233	15 (b) All school:
1234	1234	16 (1) property;
1235	1235	17 (2) rights;
1236	1236	18 (3) privileges; and
1237	1237	19 (4) any indebtedness;
1238	1238	20 from the abandoned school is considered to accrue to and be assumed
1239	1239	21 by the new consolidated school corporation.
1240	1240	22 (c) The title of property shall pass to and become vested in the new
1241	1241	23 consolidated school corporation. All debts of the former school
1242	1242	24 corporations shall be assumed and paid by the new consolidated school
1243	1243	25 corporation. All the privileges and rights conferred by law upon the
1244	1244	26 former:
1245	1245	27 (1) school town;
1246	1246	28 (2) school city;
1247	1247	29 (3) school township;
1248	1248	30 (4) joint school; or
1249	1249	31 (5) consolidated school;
1250	1250	32 are granted to the newly consolidated school corporation.
1251	1251	33 (d) This subsection applies when the consolidated governing body
1252	1252	34 of a consolidated school corporation decides that property acquired
1253	1253	35 under subsection (b) from a township is no longer needed for school
1254	1254	36 purposes. The governing body shall offer the property as a gift to the
1255	1255	37 township that owned the property before the school was consolidated.
1256	1256	38 If the property contains a structure that the governing body wishes to
1257	1257	39 demolish, the governing body shall give written notice of the proposed
1258	1258	40 demolition to the township. The township shall, within ninety (90) days
1259	1259	41 after receiving the notice, inform the governing body in writing as to
1260	1260	42 whether the township wishes to retain the structure. If the township
1261	1261	2022 IN 144—LS 6559/DI 75 30
1262	1262	1 wishes to retain the structure, the governing body may not demolish the
1263	1263	2 structure before transferring the property. The township may sell or
1264	1264	3 lease the property to an Indiana nonprofit corporation that is exempt
1265	1265	4 from federal income taxation under Section 501 of the Internal
1266	1266	5 Revenue Code. If the township board accepts the offer, the governing
1267	1267	6 body shall give the township a quitclaim deed to the property. If the
1268	1268	7 township board refuses the offer, the governing body may sell the
1269	1269	8 property in the manner provided in subsection (e).
1270	1270	9 (e) This subsection provides the procedure for the sale of school
1271	1271	10 property that is no longer needed for school purposes by the governing
1272	1272	11 body of a consolidated school corporation. The governing body shall
1273	1273	12 cause the property to be appraised at a fair cash value by:
1274	1274	13 (1) one (1) disinterested resident freeholder of the school
1275	1275	14 corporation offering the property for sale; and
1276	1276	15 (2) two (2) disinterested appraisers licensed under IC 25-34.1;
1277	1277	16 who are residents of Indiana. One (1) of the appraisers described under
1278	1278	17 subdivision (2) must reside not more than fifty (50) miles from the
1279	1279	18 property. The appraisals shall be made under oath and spread of record
1280	1280	19 upon the records of the governing body. A sale may not be made for
1281	1281	20 less than the appraised value, and the sale must be made for cash. The
1282	1282	21 sale shall take place after the governing body gives notice under
1283	1283	22 IC 5-3-1 of the terms, date, time, and place of sale.
1284	1284	23 (f) Proceeds from a sale under subsection (e) shall be placed in the
1285	1285	24 operations fund of the consolidated school corporation.
1286	1286	25 (g) This subsection applies when the consolidated governing body
1287	1287	26 of a consolidated school corporation decides that property acquired
1288	1288	27 under subsection (b) from a city or town is no longer needed for school
1289	1289	28 purposes. The governing body shall offer the property as a gift to the
1290	1290	29 city or town that owned the property before the school was
1291	1291	30 consolidated. If the property contains a structure that the governing
1292	1292	31 body wishes to demolish, the governing body shall give written notice
1293	1293	32 of the proposed demolition to the city or town. The city or town shall,
1294	1294	33 within ninety (90) days after receiving the notice, inform the governing
1295	1295	34 body in writing as to whether the city or town wishes to retain the
1296	1296	35 structure. If the city or town wishes to retain the structure, the
1297	1297	36 governing body may not demolish the structure before transferring the
1298	1298	37 property. If the fiscal body of the city or town accepts the offer, the
1299	1299	38 governing body shall give the city or town a quitclaim deed to the
1300	1300	39 property. If the fiscal body of the city or town refuses the offer, the
1301	1301	40 governing body may sell the property in the manner provided in
1302	1302	41 subsection (e).
1303	1303	42 SECTION 25. IC 20-23-7-6, AS AMENDED BY P.L.233-2015,
1304	1304	2022 IN 144—LS 6559/DI 75 31
1305	1305	1 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1306	1306	2 UPON PASSAGE]: Sec. 6. (a) The first metropolitan board of
1307	1307	3 education shall be composed of the:
1308	1308	4 (1) trustees; and
1309	1309	5 (2) members of school boards;
1310	1310	6 of the school corporations forming the metropolitan board of education.
1311	1311	7 (b) The members of the metropolitan board of education shall serve
1312	1312	8 ex officio as members subject to the laws concerning length of terms,
1313	1313	9 powers of election, or appointment and filling vacancies applicable to
1314	1314	10 their respective offices.
1315	1315	11 (c) If a metropolitan school district is comprised of only two (2)
1316	1316	12 board members, the two (2) members shall appoint a third board
1317	1317	13 member not more than ten (10) days after the creation of the
1318	1318	14 metropolitan school district. If the two (2) members are unable to agree
1319	1319	15 on or do not make the appointment of a third board member within the
1320	1320	16 ten (10) day period after the creation of the metropolitan school district,
1321	1321	17 the third member shall be appointed not more than twenty (20) days
1322	1322	18 after the creation of the metropolitan school district by the judge of the
1323	1323	19 circuit court of the county in which the metropolitan school district is
1324	1324	20 located. If the metropolitan school district is located in two (2) or more
1325	1325	21 counties, the judge of the circuit court of the county containing that part
1326	1326	22 of the metropolitan school district having more students than the part
1327	1327	23 or parts located in another county or counties shall appoint the third
1328	1328	24 member. The members of the metropolitan board of education serve
1329	1329	25 until their successors are elected or appointed and qualified.
1330	1330	26 (d) The first meeting of the first metropolitan board of education
1331	1331	27 shall be held not more than one (1) month after the creation of the
1332	1332	28 metropolitan school district. The first meeting shall be called by the
1333	1333	29 superintendent of schools of the school corporation in the district
1334	1334	30 having the largest number of students. At the first meeting, the board
1335	1335	31 shall organize, and each year during the first ten (10) days after the
1336	1336	32 board members that are elected or appointed to a new term take office,
1337	1337	33 the board shall reorganize, by electing a president, a vice president, a
1338	1338	34 secretary, and a treasurer.
1339	1339	35 (e) The secretary of the board shall keep an accurate record of the
1340	1340	36 minutes of the metropolitan board of education, and the minutes shall
1341	1341	37 be kept in the superintendent's office. When a metropolitan school
1342	1342	38 district is formed, the metropolitan superintendent shall act as
1343	1343	39 administrator of the board and shall carry out the acts and duties as
1344	1344	40 designated by the board. A quorum consists of a majority of the
1345	1345	41 members of the board. A quorum is required for the transaction of
1346	1346	42 business. The vote of a majority of those present is required for a:
1347	1347	2022 IN 144—LS 6559/DI 75 32
1348	1348	1 (1) motion;
1349	1349	2 (2) ordinance; or
1350	1350	3 (3) resolution;
1351	1351	4 to pass.
1352	1352	5 (f) The board shall conduct its affairs in the manner described in this
1353	1353	6 section. Except in unusual cases, the board shall hold its meetings at
1354	1354	7 the office of the metropolitan superintendent or at a place mutually
1355	1355	8 designated by the board and the superintendent. Board records are to
1356	1356	9 be maintained and board business is to be conducted from the office of
1357	1357	10 the metropolitan superintendent or a place designated by the board and
1358	1358	11 the superintendent.
1359	1359	12 (g) The metropolitan board of education shall have the power to pay
1360	1360	13 to a member of the board:
1361	1361	14 (1) a reasonable per diem for service on the board not to exceed
1362	1362	15 one hundred twenty-five dollars ($125) per year; and
1363	1363	16 (2) for travel to and from a member's home to the place of the
1364	1364	17 meeting within the district, a sum for mileage equal to the amount
1365	1365	18 per mile paid to state officers and employees. The rate per mile
1366	1366	19 shall change when the state government changes its rate per mile.
1367	1367	20 SECTION 26. IC 20-23-7-8.1, AS AMENDED BY P.L.219-2013,
1368	1368	21 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1369	1369	22 UPON PASSAGE]: Sec. 8.1. (a) The registered voters of the
1370	1370	23 metropolitan school district shall elect the members of the metropolitan
1371	1371	24 board of education at general elections held biennially, beginning with
1372	1372	25 the next general election that is held more than sixty (60) days after the
1373	1373	26 creation of the metropolitan school district as provided in this chapter.
1374	1374	27 (b) Each nominee for the board must file a petition of nomination
1375	1375	28 signed by the nominee and by ten (10) registered voters residing in the
1376	1376	29 same board member district as the nominee. The petition must be filed
1377	1377	30 in accordance with IC 3-8-2.5 with the circuit court clerk of each
1378	1378	31 county in which the metropolitan school district is located.
1379	1379	32 (c) Nominees for the board shall be listed on the general election
1380	1380	33 ballot:
1381	1381	34 (1) in the form prescribed by IC 3-11-2;
1382	1382	35 (2) by board member districts; and
1383	1383	36 (3) without party designation.
1384	1384	37 The ballot must state the number of board members to be voted on and
1385	1385	38 the maximum number of members that may be elected from each board
1386	1386	39 member district as provided under section 5 of this chapter. A ballot
1387	1387	40 that contains more votes than the maximum number allowed from a
1388	1388	41 board member district is invalid.
1389	1389	42 (d) The precinct election boards in each county serving at the
1390	1390	2022 IN 144—LS 6559/DI 75 33
1391	1391	1 general election shall conduct the election for school board members.
1392	1392	2 (e) Voting and tabulation of votes shall be conducted in accordance
1393	1393	3 with IC 3, and the candidates who receive the most votes are elected to
1394	1394	4 the board.
1395	1395	5 (f) If there are more candidates from a particular board member
1396	1396	6 district than may be elected from the board member district under
1397	1397	7 section 5 of this chapter:
1398	1398	8 (1) the number of candidates elected is the greatest number that
1399	1399	9 may be elected from the board member district;
1400	1400	10 (2) the candidates elected are those who, among the candidates
1401	1401	11 from the board member district, receive the most votes; and
1402	1402	12 (3) the other candidates from the board member district are
1403	1403	13 eliminated.
1404	1404	14 (c) IC 3 governs the nomination and election of candidates.
1405	1405	15 (g) (d) If there is a tie vote among the candidates for the board, the
1406	1406	16 judge of the circuit court in the county where the majority of the
1407	1407	17 registered voters of the metropolitan school district reside shall select
1408	1408	18 one (1) of the candidates who shall be declared and certified elected.
1409	1409	19 the tie vote shall be resolved as provided in IC 3-13-10.5-2.
1410	1410	20 (h) (e) If, at any time after the first board member election, A
1411	1411	21 vacancy on the board that occurs for any reason including an
1412	1412	22 insufficient number of petitions for candidates being filed, and
1413	1413	23 regardless of whether the vacating member was elected or appointed,
1414	1414	24 the remaining members of the board, whether or not a majority of the
1415	1415	25 board, shall by a majority vote fill the vacancy by:
1416	1416	26 (1) appointing a person from the board member district from
1417	1417	27 which the person who vacated the board was elected; or
1418	1418	28 (2) if the person was appointed, appointing a person from the
1419	1419	29 board member district from which the last elected predecessor of
1420	1420	30 the person was elected.
1421	1421	31 If a majority of the remaining members of the board is unable to agree
1422	1422	32 or the board fails to act within thirty (30) days after a vacancy occurs,
1423	1423	33 the judge of the circuit court in the county where the majority of
1424	1424	34 registered voters of the metropolitan school district reside shall make
1425	1425	35 the appointment. shall be filled as provided in IC 3-13-10.5-3.
1426	1426	36 (i) At a general election held on the earlier of:
1427	1427	37 (1) more than sixty (60) days after an elected board member
1428	1428	38 vacates membership on the board; or
1429	1429	39 (2) immediately before the end of the term for which the vacating
1430	1430	40 member was elected;
1431	1431	41 a successor to a board member appointed under subsection (h) shall be
1432	1432	42 elected. Unless the successor takes office at the end of the term of the
1433	1433	2022 IN 144—LS 6559/DI 75 34
1434	1434	1 vacating member, the member shall serve only for the balance of the
1435	1435	2 vacating member's term. In an election for a successor board member
1436	1436	3 to fill a vacancy for a two (2) year balance of a term, candidates for
1437	1437	4 board membership need not file for or with reference to the vacancy.
1438	1438	5 However, as required by IC 3-11-2, candidates for at-large seats must
1439	1439	6 be distinguished on the ballot from candidates for district seats. If there
1440	1440	7 is more than one (1) at-large seat on the ballot due to this vacancy, the
1441	1441	8 elected candidate who receives the fewest votes at the election at which
1442	1442	9 the successor is elected shall serve for a two (2) year term.
1443	1443	10 (j) (f) At the first general election where members of the board are
1444	1444	11 elected under this section, the elected candidates who constitute a
1445	1445	12 simple majority of the elected candidates and who receive the most
1446	1446	13 votes shall be elected for four (4) year terms, and the other elected
1447	1447	14 candidates shall be elected for two (2) year terms.
1448	1448	15 (k) (g) Board members shall be elected for four (4) year terms after
1449	1449	16 the first election and shall take office on the date set in the school
1450	1450	17 corporation's organization plan. The date set in the organization plan
1451	1451	18 for an elected member of the governing body to take office may not be
1452	1452	19 more than fourteen (14) months after the date of the member's election.
1453	1453	20 If the school corporation's organization plan does not set a date for an
1454	1454	21 elected member of the governing body to take office, the member takes
1455	1455	22 office January 1 immediately following the member's election.
1456	1456	23 SECTION 27. IC 20-23-8-4, AS ADDED BY P.L.1-2005,
1457	1457	24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1458	1458	25 UPON PASSAGE]: Sec. 4. As used in this chapter, "plan" means the
1459	1459	26 manner in which the governing body of a school corporation is
1460	1460	27 constituted, including the number, qualifications, length of terms,
1461	1461	28 manner, and time of selection, either by appointment or by election of
1462	1462	29 the members of the governing body.
1463	1463	30 SECTION 28. IC 20-23-8-7, AS AMENDED BY P.L.119-2012,
1464	1464	31 SECTION 146, IS AMENDED TO READ AS FOLLOWS
1465	1465	32 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A plan or proposed plan
1466	1466	33 must contain the following items:
1467	1467	34 (1) The number of members of the governing body, which shall
1468	1468	35 be:
1469	1469	36 (A) three (3);
1470	1470	37 (B) five (5); or
1471	1471	38 (C) seven (7);
1472	1472	39 members.
1473	1473	40 (2) Whether That the governing board body shall be elected
1474	1474	41 appointed, or both.
1475	1475	42 (3) If appointed, when and by whom, and a general description of
1476	1476	2022 IN 144—LS 6559/DI 75 35
1477	1477	1 the manner of appointment that conforms with the requirements
1478	1478	2 of IC 20-23-4-28.
1479	1479	3 (4) A provision that the members of an elected governing board
1480	1480	4 shall be elected at the general election at which county officials
1481	1481	5 are elected.
1482	1482	6 (5) If the governing board will have members who are elected and
1483	1483	7 members who are appointed, the following information:
1484	1484	8 (A) The number of appointed members.
1485	1485	9 (B) When and by whom each of the appointed members are
1486	1486	10 appointed.
1487	1487	11 (C) A general description of the manner of appointment that
1488	1488	12 conforms with the requirements of IC 20-23-4-28.
1489	1489	13 (D) The number of elected members.
1490	1490	14 (E) A general description of the manner of election that
1491	1491	15 conforms with the requirements of IC 20-23-4-27.
1492	1492	16 (6) (3) The limitations on:
1493	1493	17 (A) residence;
1494	1494	18 (B) term of office; and
1495	1495	19 (C) other qualifications;
1496	1496	20 required by members of the governing body.
1497	1497	21 (7) (4) The time the plan takes effect.
1498	1498	22 A plan or proposed plan may have additional details to make the
1499	1499	23 provisions of the plan workable. The details may include provisions
1500	1500	24 relating to the commencement or length of terms of office of the
1501	1501	25 members of the governing body taking office under the plan.
1502	1502	26 (b) Except as provided in Notwithstanding subsection (a)(1), in a
1503	1503	27 city having a population of more than fifty-five thousand (55,000) but
1504	1504	28 less than sixty thousand (60,000), fifty-four thousand (54,000) and
1505	1505	29 less than fifty-eight thousand (58,000), the governing body described
1506	1506	30 in a plan may have up to nine (9) members.
1507	1507	31 SECTION 29. IC 20-23-8-8, AS AMENDED BY P.L.219-2013,
1508	1508	32 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1509	1509	33 UPON PASSAGE]: Sec. 8. (a) A plan is subject to the following
1510	1510	34 limitations:
1511	1511	35 (1) A member of the governing body may not serve for a term of
1512	1512	36 more than four (4) years, but a member may succeed himself or
1513	1513	37 herself in office. This limitation does not apply to members who
1514	1514	38 hold over during an interim period to effect a new plan awaiting
1515	1515	39 the selection and qualification of a member under the new plan.
1516	1516	40 (2) The plan if the members are:
1517	1517	41 (A) to be elected, shall conform with one (1) of the types of
1518	1518	42 board organization permitted by IC 20-23-4-27. or
1519	1519	2022 IN 144—LS 6559/DI 75 36
1520	1520	1 (B) appointed, shall conform with one (1) of the types
1521	1521	2 permitted by IC 20-23-4-28.
1522	1522	3 (3) The terms of the members of the governing body, either
1523	1523	4 elected to or taking office on or before the time the plan takes
1524	1524	5 effect, may not be shortened. The terms of the members taking
1525	1525	6 office under the plan may be shortened to make the plan workable
1526	1526	7 on a permanent basis.
1527	1527	8 (4) If the plan provides for electoral districts, where a member of
1528	1528	9 the governing body is elected solely by the voters of a single
1529	1529	10 district, the districts must be as near as practicable equal in
1530	1530	11 population. The districts shall be reapportioned and their
1531	1531	12 boundaries:
1532	1532	13 (A) changed, if necessary; or
1533	1533	14 (B) recertified, if changes are not necessary;
1534	1534	15 by resolution of the governing body not later than December 31
1535	1535	16 of the year next following the year in which a decennial census is
1536	1536	17 taken to preserve the equality of the governing body.
1537	1537	18 (5) The plan shall comply with the:
1538	1538	19 (A) Constitution of the State of Indiana; and
1539	1539	20 (B) Constitution of the United States;
1540	1540	21 including the equal protection clauses of both constitutions.
1541	1541	22 (6) The provisions of IC 20-23-4-26 through IC 20-23-4-33
1542	1542	23 relating to the board of trustees of a community school
1543	1543	24 corporation and to the community school corporation, including
1544	1544	25 provisions relating to powers of the board and corporation and
1545	1545	26 provisions relating to the mechanics of selection of the board
1546	1546	27 where elected and where appointed, apply to a governing body set
1547	1547	28 up by a plan under this chapter and to the school corporation.
1548	1548	29 (b) The limitations set forth in this section do not have to be
1549	1549	30 specifically set forth in a plan but are a part of the plan. A plan shall be
1550	1550	31 construed, if possible, to comply with this chapter. If a provision of the
1551	1551	32 plan or an application of the plan violates this chapter, the invalidity
1552	1552	33 does not affect the other provisions or applications of the plan that can
1553	1553	34 be given effect without the invalid provision or application. The
1554	1554	35 provisions of a plan are severable.
1555	1555	36 SECTION 30. IC 20-23-8-13, AS AMENDED BY P.L.43-2021,
1556	1556	37 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1557	1557	38 UPON PASSAGE]: Sec. 13. (a) This section applies to a school
1558	1558	39 corporation located in a city having a population of more than eighty
1559	1559	40 thousand (80,000) but less than eighty thousand four hundred (80,400).
1560	1560	41 sixty-nine thousand (69,000) and less than sixty-nine thousand five
1561	1561	42 hundred (69,500).
1562	1562	2022 IN 144—LS 6559/DI 75 37
1563	1563	1 (b) The city legislative body may adopt an ordinance to increase the
1564	1564	2 membership of the governing body of a school corporation to seven (7)
1565	1565	3 members.
1566	1566	4 (c) The ordinance must provide the following:
1567	1567	5 (1) The additional members of the governing body are to be
1568	1568	6 appointed by the city executive.
1569	1569	7 (2) If the plan is subsequently changed to provide for the election
1570	1570	8 of governing body members:
1571	1571	9 (A) (1) The membership of the governing body may not be less
1572	1572	10 than seven (7). and
1573	1573	11 (2) The city executive shall appoint the initial additional
1574	1574	12 members of the governing body.
1575	1575	13 (B) (3) That the successors of the members of the governing
1576	1576	14 body appointed under subdivision (2) are to be elected at the
1577	1577	15 next general election.
1578	1578	16 (3) The initial terms of the members appointed under this section.
1579	1579	17 (4) The effective date of the ordinance.
1580	1580	18 (d) An ordinance adopted under this section:
1581	1581	19 (1) supersedes a part of the plan that conflicts with the ordinance;
1582	1582	20 (2) must be filed with the secretary of education under section 22
1583	1583	21 of this chapter; and
1584	1584	22 (3) may only be amended or repealed by the city legislative body.
1585	1585	23 SECTION 31. IC 20-23-8-21, AS AMENDED BY P.L.179-2011,
1586	1586	24 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1587	1587	25 UPON PASSAGE]: Sec. 21. An election may not be held under this
1588	1588	26 chapter more than once each eighteen (18) months. A plan for a
1589	1589	27 governing body may not be adopted more than once each six (6) years,
1590	1590	28 except if either of the following applies:
1591	1591	29 (1) a plan adopted is declared or held to be invalid by a binding
1592	1592	30 judgment or order in a United States or an Indiana court that no
1593	1593	31 appeal or further approval can be taken.
1594	1594	32 (2) The plan provides solely for changes in items specified in
1595	1595	33 section 7(a)(5) of this chapter.
1596	1596	34 SECTION 32. IC 20-23-10-8, AS AMENDED BY P.L.233-2015,
1597	1597	35 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1598	1598	36 UPON PASSAGE]: Sec. 8. (a) The board members of a merged school
1599	1599	37 corporation shall be elected at the first general election following the
1600	1600	38 merged school corporation's creation, and vacancies shall be filled in
1601	1601	39 accordance with IC 20-23-4-30. IC 3-13-10.5-3.
1602	1602	40 (b) Until the first election under subsection (a), the board of trustees
1603	1603	41 of the merged school corporation consists of the members of the
1604	1604	42 governing body of a school corporation in the county.
1605	1605	2022 IN 144—LS 6559/DI 75 38
1606	1606	1 (c) The first board of trustees shall select the name of the merged
1607	1607	2 school corporation by a majority vote. The name may be changed by
1608	1608	3 unanimous vote of the governing body of the merged school
1609	1609	4 corporation.
1610	1610	5 SECTION 33. IC 20-23-12-3, AS AMENDED BY
1611	1611	6 P.L.213-2018(ss), SECTION 16, IS AMENDED TO READ AS
1612	1612	7 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The
1613	1613	8 emergency manager appointed by the distressed unit appeal board
1614	1614	9 under IC 6-1.1-20.3 shall act as the governing body of the school
1615	1615	10 corporation and has the powers set forth in IC 6-1.1-20.3-8.5, including
1616	1616	11 the powers and duties of the governing body of the school corporation.
1617	1617	12 The school corporation shall also have an advisory board that consists
1618	1618	13 of seven (7) members elected as follows:
1619	1619	14 (1) On a nonpartisan basis.
1620	1620	15 (2) in a general election in the county as provided in IC 3.
1621	1621	16 The advisory board is created to provide nonbinding recommendations
1622	1622	17 to the emergency manager.
1623	1623	18 (b) Six (6) of the members shall be elected from the school districts
1624	1624	19 drawn under section 4 of this chapter. Each member:
1625	1625	20 (1) is elected from the school district in which the member
1626	1626	21 resides; and
1627	1627	22 (2) upon election and in conducting the business of the advisory
1628	1628	23 board, represents the interests of the entire school corporation.
1629	1629	24 (c) One (1) of the members elected:
1630	1630	25 (1) is the at-large member of the advisory board;
1631	1631	26 (2) may reside in any of the districts drawn under section 4 of this
1632	1632	27 chapter; and
1633	1633	28 (3) upon election and in conducting the business of the advisory
1634	1634	29 board, represents the interests of the entire school corporation.
1635	1635	30 (d) A per diem may not be paid to a member.
1636	1636	31 (e) The advisory board may hold a public meeting subject to the
1637	1637	32 limits on the number of meetings set forth in IC 6-1.1-20.3-6.8(d). The
1638	1638	33 advisory board is subject to IC 5-14-1.5 (the open door law) for these
1639	1639	34 meetings. The advisory board may hold additional meetings that are
1640	1640	35 authorized as executive sessions under IC 5-14-1.5 (the open door law)
1641	1641	36 as provided in IC 5-14-1.5-6.1. The advisory board is subject to the
1642	1642	37 public notice requirements of IC 5-14-1.5 (the open door law) for these
1643	1643	38 additional meetings. The records of the advisory board are subject to
1644	1644	39 IC 5-14-3 (access to public records).
1645	1645	40 SECTION 34. IC 20-23-17-3, AS AMENDED BY P.L.219-2013,
1646	1646	41 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1647	1647	42 UPON PASSAGE]: Sec. 3. (a) The governing body of the school
1648	1648	2022 IN 144—LS 6559/DI 75 39
1649	1649	1 corporation consists of five (5) members chosen as follows:
1650	1650	2 (1) Three (3) members shall be elected by the voters of the school
1651	1651	3 corporation at a general election to be held in the county and
1652	1652	4 every four (4) years thereafter.
1653	1653	5 (2) One (1) member shall be appointed by the city executive.
1654	1654	6 (3) One (1) member shall be appointed by the city legislative
1655	1655	7 body.
1656	1656	8 (b) The members elected under subsection (a)(1) (a) shall be elected
1657	1657	9 as follows:
1658	1658	10 (1) On a nonpartisan basis.
1659	1659	11 (2) In a general election held in the county.
1660	1660	12 (3) by the registered voters of the entire school corporation.
1661	1661	13 (c) The following apply to an election of members of the governing
1662	1662	14 body of the school corporation under subsection (a)(1):
1663	1663	15 (1) Each candidate must file a petition of nomination with the
1664	1664	16 circuit court clerk not earlier than one hundred four (104) days
1665	1665	17 and not later than seventy-four (74) days before the election at
1666	1666	18 which members are to be elected. The petition of nomination must
1667	1667	19 include the following information:
1668	1668	20 (A) The name of the candidate.
1669	1669	21 (B) A certification that the candidate meets the qualifications
1670	1670	22 for candidacy imposed by this chapter.
1671	1671	23 (2) Only eligible voters residing in the school corporation may
1672	1672	24 vote for a candidate seeking election. IC 3 applies to the
1673	1673	25 nomination and election of candidates to the governing body.
1674	1674	26 SECTION 35. IC 20-23-17-4, AS AMENDED BY P.L.219-2013,
1675	1675	27 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1676	1676	28 UPON PASSAGE]: Sec. 4. (a) The term of each individual chosen to
1677	1677	29 serve on the governing body is four (4) years.
1678	1678	30 (b) The term of each individual chosen to serve on the governing
1679	1679	31 body begins on the date set in the school corporation's organization
1680	1680	32 plan. The date set in the organization plan for an elected member of the
1681	1681	33 governing body to take office may not be more than fourteen (14)
1682	1682	34 months after the date of the member's election. If the school
1683	1683	35 corporation's organization plan does not set a date for a member of the
1684	1684	36 governing body to take office, the member takes office January 1
1685	1685	37 immediately following the individual's election. or appointment.
1686	1686	38 SECTION 36. IC 20-23-17-6, AS ADDED BY P.L.179-2011,
1687	1687	39 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1688	1688	40 UPON PASSAGE]: Sec. 6. (a) A vacancy in the office of an elected
1689	1689	41 member of the governing body shall be filled temporarily by the city
1690	1690	42 legislative body as soon as practicable after the vacancy occurs.
1691	1691	2022 IN 144—LS 6559/DI 75 40
1692	1692	1 (b) A vacancy in the office of an appointed member of the
1693	1693	2 governing body of the school corporation shall be filled by the
1694	1694	3 appointing authority that appointed the member whose office is vacant.
1695	1695	4 (c) An individual filling a vacancy under this section serves until the
1696	1696	5 expiration of the term of the member whose position the individual
1697	1697	6 fills. as provided in IC 3-13-10.5-3.
1698	1698	7 SECTION 37. IC 20-23-17-8, AS AMENDED BY P.L.193-2021,
1699	1699	8 SECTION 105, IS AMENDED TO READ AS FOLLOWS
1700	1700	9 [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) This subsection applies
1701	1701	10 to a member of the governing body elected at the 2016 2020 general
1702	1702	11 election. The successors of a member elected at the 2016 2020 general
1703	1703	12 election shall:
1704	1704	13 (1) be elected at the 2024 general election and every four (4)
1705	1705	14 years thereafter as provided in section 3(a)(1) 3(a) of this chapter;
1706	1706	15 and
1707	1707	16 (2) take office as provided in section 4 of this chapter.
1708	1708	17 (b) This subsection applies to the appointed member of the
1709	1709	18 governing body whose term expires December 31, 2017. 2025.
1710	1710	19 Notwithstanding any other law, the term of office of this member
1711	1711	20 expires January 1, 2023. The successors of this member shall be
1712	1712	21 appointed by the city legislative body as provided in section 3(a)(3) of
1713	1713	22 this chapter elected at the 2022 general election and every four (4)
1714	1714	23 years thereafter and take office as provided in section 4 of this
1715	1715	24 chapter.
1716	1716	25 (c) This subsection applies to the member of the governing body
1717	1717	26 elected at the 2014 general election. The successors of a member
1718	1718	27 elected at the 2014 2018 general election shall:
1719	1719	28 (1) be elected at the 2022 general election and every four (4)
1720	1720	29 years thereafter as provided in section 3(a)(1) 3(a) of this chapter;
1721	1721	30 and
1722	1722	31 (2) take office as provided in section 4 of this chapter.
1723	1723	32 (d) This subsection applies to the appointed member of the
1724	1724	33 governing body whose term expires December 31, 2018. January 1,
1725	1725	34 2023. The successors of this member shall be appointed by the city
1726	1726	35 executive as provided in section 3(a)(2) of this chapter elected at the
1727	1727	36 2022 general election and every four (4) years thereafter and take
1728	1728	37 office as provided in section 4 of this chapter.
1729	1729	38 SECTION 38. IC 20-25-3-4, AS AMENDED BY P.L.219-2013,
1730	1730	39 SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1731	1731	40 UPON PASSAGE]: Sec. 4. (a) The board consists of seven (7)
1732	1732	41 members. A member:
1733	1733	42 (1) must be elected on a nonpartisan basis in general elections
1734	1734	2022 IN 144—LS 6559/DI 75 41
1735	1735	1 held in the county as specified in this section; and
1736	1736	2 (2) serves a four (4) year term.
1737	1737	3 (b) Five (5) members shall be elected from the school board districts
1738	1738	4 in which the members reside, and two (2) members must be elected at
1739	1739	5 large. Not more than two (2) of the members who serve on the board
1740	1740	6 may reside in the same school board district.
1741	1741	7 (c) If a candidate runs for one (1) of the district positions on the
1742	1742	8 board, only eligible voters residing in the candidate's district may vote
1743	1743	9 for that candidate. If a person is a candidate for one (1) of the at-large
1744	1744	10 positions, eligible voters from all the districts may vote for that
1745	1745	11 candidate.
1746	1746	12 (d) If a candidate files to run for a position on the board, the
1747	1747	13 candidate must specify whether the candidate is running for a district
1748	1748	14 or an at-large position.
1749	1749	15 (e) A candidate who runs for a district or an at-large position wins
1750	1750	16 if the candidate receives the greatest number of votes of all the
1751	1751	17 candidates for the position. IC 3 governs the nomination and election
1752	1752	18 of the members of the board under this section.
1753	1753	19 (f) (e) Districts shall be established within the school city by the
1754	1754	20 state board. The districts must be drawn on the basis of precinct lines,
1755	1755	21 and as nearly as practicable, of equal population with the population of
1756	1756	22 the largest district not to exceed the population of the smallest district
1757	1757	23 by more than five percent (5%). District lines must not cross precinct
1758	1758	24 lines. The state board, with assistance from the county election
1759	1759	25 board, shall establish:
1760	1760	26 (1) balloting procedures for the election under IC 3; and
1761	1761	27 (2) other procedures required to implement this section.
1762	1762	28 (g) (f) A member of the board serves under section 3 of this chapter.
1763	1763	29 (h) (g) In accordance with subsection (k), A vacancy in on the board
1764	1764	30 shall be filled temporarily by the board as soon as practicable after the
1765	1765	31 vacancy occurs. as provided in IC 3-13-10.5-3. The member chosen
1766	1766	32 by the board to fill a vacancy holds office until the member's successor
1767	1767	33 is elected and qualified. The successor shall be elected at the next
1768	1768	34 regular school board election occurring after the date on which the
1769	1769	35 vacancy occurs. The successor fills the vacancy for the remainder of
1770	1770	36 the term.
1771	1771	37 (i) (h) An individual elected to serve on the board begins the
1772	1772	38 individual's term on the date set in the school corporation's organization
1773	1773	39 plan. The date set in the organization plan for an elected member of the
1774	1774	40 board to take office may not be more than fourteen (14) months after
1775	1775	41 the date of the member's election. If the school corporation's
1776	1776	42 organization plan does not set a date for a member of the board to take
1777	1777	2022 IN 144—LS 6559/DI 75 42
1778	1778	1 office, the member takes office January 1 immediately following the
1779	1779	2 individual's election.
1780	1780	3 (j) Notwithstanding any law to the contrary, each voter must cast a
1781	1781	4 vote for a school board candidate or school board candidates by voting
1782	1782	5 system or paper ballot. However, the same method used to cast votes
1783	1783	6 for all other offices for which candidates have qualified to be on the
1784	1784	7 election ballot must be used for the board offices.
1785	1785	8 (k) If a vacancy in the board exists because of the death of a
1786	1786	9 member, the remaining members of the board shall meet and select an
1787	1787	10 individual to fill the vacancy in accordance with subsection (h) after
1788	1788	11 the secretary of the board receives notice of the death under IC 5-8-6.
1789	1789	12 SECTION 39. IC 20-26-4-4, AS AMENDED BY P.L.193-2021,
1790	1790	13 SECTION 107, IS AMENDED TO READ AS FOLLOWS
1791	1791	14 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) If fewer candidates have
1792	1792	15 been elected to the school board than there were members to be
1793	1793	16 elected, the governing body shall determine not later than noon
1794	1794	17 December 31 following the election which incumbent member or
1795	1795	18 members continue to hold office under Article 15, Section 3 of the
1796	1796	19 Constitution of the State of Indiana until a successor is elected and
1797	1797	20 qualified. However,
1798	1798	21 (b) If a vacancy in the membership of a governing body occurs
1799	1799	22 whether the vacancy was of an elected or appointed member, for any
1800	1800	23 reason, the vacancy shall be filled as follows:
1801	1801	24 (1) If the vacant office was last held by an individual elected
1802	1802	25 or selected as a candidate of a major political party of
1803	1803	26 Indiana, the vacancy shall be filled by a caucus under
1804	1804	27 IC 3-13-11.
1805	1805	28 (2) If subdivision (1) does not apply, the remaining members of
1806	1806	29 the governing body shall by majority vote fill the vacancy by
1807	1807	30 appointing a person an individual from within the boundaries of
1808	1808	31 the school corporation. with the residence and other qualifications
1809	1809	32 provided for a regularly elected or appointed board member
1810	1810	33 filling the membership, to serve for the term or the balance of the
1811	1811	34 term. However, this subsection does not apply to a vacancy:
1812	1812	35 (1) of a member who serves on a governing body in an ex officio
1813	1813	36 capacity; or
1814	1814	37 (2) a vacancy in an appointed board membership if a plan,
1815	1815	38 resolution, or law under which the school corporation operates
1816	1816	39 specifically provides for filling vacancies by the appointing
1817	1817	40 authority.
1818	1818	41 (c) An individual appointed as provided in this section:
1819	1819	42 (1) must possess the qualifications provided for a regularly
1820	1820	2022 IN 144—LS 6559/DI 75 43
1821	1821	1 elected or appointed governing body member filling the
1822	1822	2 office; and
1823	1823	3 (2) holds office for the remainder of the unexpired term.
1824	1824	4 SECTION 40. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
1825	1825	5 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1826	1826	6 UPON PASSAGE]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to
1827	1827	7 this section.
1828	1828	8 (b) If a vacancy in a school board office exists because of the death
1829	1829	9 of a school board member, the remaining members of the governing
1830	1830	10 body shall meet and select an individual to fill the vacancy shall be
1831	1831	11 filled in accordance with section 4 of this chapter after the secretary
1832	1832	12 of the governing body receives notice of the death under IC 5-8-6. and
1833	1833	13 in accordance with section 4 of this chapter.
1834	1834	14 SECTION 41. IC 20-26-4-4.8 IS ADDED TO THE INDIANA
1835	1835	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
1836	1836	16 [EFFECTIVE UPON PASSAGE]: Sec. 4.8. (a) Notwithstanding any
1837	1837	17 other law or the provisions of the organization plan of a school
1838	1838	18 corporation, the following apply:
1839	1839	19 (1) The term of office of an appointed member of the
1840	1840	20 governing body of a school corporation ends on January 1,
1841	1841	21 2023.
1842	1842	22 (2) The successor of an appointed member of the governing
1843	1843	23 body of a school corporation shall be elected at the 2022
1844	1844	24 general election, as provided by law.
1845	1845	25 (3) If the term of office of an appointed member of the
1846	1846	26 governing body of a school corporation was scheduled to end
1847	1847	27 before January 1, 2025:
1848	1848	28 (A) the term of office of the successor of that appointed
1849	1849	29 member elected under subdivision (2) ends on January 1,
1850	1850	30 2025; and
1851	1851	31 (B) the successor of the member elected under subdivision
1852	1852	32 (2) shall be elected at the 2024 general election and serve
1853	1853	33 a term of four (4) years, beginning January 1, 2025.
1854	1854	34 (4) If the term of office of an appointed member of the
1855	1855	35 governing body of a school corporation was scheduled to end
1856	1856	36 after December 31, 2024:
1857	1857	37 (A) the term of office of the successor of that appointed
1858	1858	38 member elected under subdivision (2) ends on January 1,
1859	1859	39 2027; and
1860	1860	40 (B) the successor of the member elected under subdivision
1861	1861	41 (2) shall be elected at the 2026 general election and serve
1862	1862	42 a term of four (4) years, beginning January 1, 2027.
1863	1863	2022 IN 144—LS 6559/DI 75 44
1864	1864	1 (b) This section expires July 1, 2031.
1865	1865	2 SECTION 42. IC 20-26-4-7, AS ADDED BY P.L.1-2005,
1866	1866	3 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1867	1867	4 UPON PASSAGE]: Sec. 7. (a) Except as provided in IC 20-25-3-3, the
1868	1868	5 governing body of a school corporation by resolution has the power to
1869	1869	6 pay each member of the governing body a reasonable amount for
1870	1870	7 service as a member, not to exceed:
1871	1871	8 (1) two thousand dollars ($2,000) per year; and
1872	1872	9 (2) a per diem not to exceed the rate approved for members of the
1873	1873	10 board of school commissioners under IC 20-25-3-3(d).
1874	1874	11 (b) If the members of the governing body are totally comprised of
1875	1875	12 appointed members, the appointive authority under IC 20-23-4-28(e)
1876	1876	13 shall approve the per diem rate allowable under subsection (a)(2)
1877	1877	14 before the governing body may make the payments.
1878	1878	15 (c) To make a valid approval under subsection (b), the appointive
1879	1879	16 authority must approve the per diem rate with the same endorsement
1880	1880	17 required under IC 20-23-4-28(f) to make the appointment of the
1881	1881	18 member.
1882	1882	19 SECTION 43. IC 33-33-53-5, AS AMENDED BY P.L.179-2011,
1883	1883	20 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1884	1884	21 UPON PASSAGE]: Sec. 5. In accordance with rules adopted by the
1885	1885	22 judges of the court under section 6 of this chapter, the presiding judge
1886	1886	23 shall do the following:
1887	1887	24 (1) Ensure that the court operates efficiently and judicially under
1888	1888	25 rules adopted by the court.
1889	1889	26 (2) Annually submit to the fiscal body of Monroe County a budget
1890	1890	27 for the court, including amounts necessary for:
1891	1891	28 (A) the operation of the circuit's probation department;
1892	1892	29 (B) the defense of indigents; and
1893	1893	30 (C) maintaining an adequate law library.
1894	1894	31 (3) Make the appointments or selections required of a circuit or
1895	1895	32 superior court judge under the following statutes:
1896	1896	33 IC 8-4-21-2
1897	1897	34 IC 11-12-2-2
1898	1898	35 IC 16-22-2-4
1899	1899	36 IC 16-22-2-11
1900	1900	37 IC 16-22-7
1901	1901	38 IC 20-23-4
1902	1902	39 IC 20-23-7-6
1903	1903	40 IC 20-23-7-8.1
1904	1904	41 IC 20-26-7-8
1905	1905	42 IC 20-26-7-14
1906	1906	2022 IN 144—LS 6559/DI 75 45
1907	1907	1 IC 20-47-2-15
1908	1908	2 IC 20-47-3-13
1909	1909	3 IC 36-9
1910	1910	4 IC 36-10
1911	1911	5 IC 36-12-10-10.
1912	1912	6 (4) Make appointments or selections required of a circuit or
1913	1913	7 superior court judge by any other statute, if the appointment or
1914	1914	8 selection is not required of the court because of an action before
1915	1915	9 the court.
1916	1916	10 SECTION 44. An emergency is declared for this act.
1917	1917	2022 IN 144—LS 6559/DI 75