Bill Text: IL HB4073 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Amends the Public Library District Act of 1991. Provides that, if a vacancy occurred prior to May 27, 2022 and that vacancy has not been filled by the trustees before the effective date of the amendatory Act, then the State Librarian shall fill the vacancy within 60 days after the effective date of the amendatory Act (currently, if the State Librarian fails to fill the vacancy within the 60 days after the trustees have failed to fill the vacancy, the vacancy shall be filled at the next regularly scheduled election). Makes conforming changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2022-12-14 - Public Act . . . . . . . . . 102-1107 [HB4073 Detail]
Download: Illinois-2021-HB4073-Chaptered.html
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| Public Act 102-1107 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Library District Act of 1991 is | ||||
amended by changing Sections 30-25 and 30-40 as follows:
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(75 ILCS 16/30-25)
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Sec. 30-25. Vacancies.
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(a) Vacancies shall be
declared in the office of trustee | ||||
by the board
when an elected or appointed trustee (i) | ||||
declines,
fails, or is unable to serve, (ii)
becomes a | ||||
nonresident of the district, (iii) is convicted of a
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misdemeanor by failing, neglecting, or refusing to discharge | ||||
any duty
imposed upon him or her by this Act, or (iv) has
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failed to pay the library taxes levied by the
district. | ||||
Absence without cause from all regular board meetings for a
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period of one year shall be a basis for declaring a vacancy.
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(b) All vacancies
shall be filled by appointment by the | ||||
remaining trustees until the next
regular library election, at | ||||
which time a trustee shall be elected
for the remainder of the | ||||
unexpired term. If, however, the vacancy occurs
with less than | ||||
28 months remaining in the term, and if the vacancy occurs
less | ||||
than 88 days before the next regular scheduled election for | ||||
this
office, then the person so appointed shall serve the | ||||
remainder of the
unexpired term and no election to fill the | ||
vacancy shall be held. If the
vacancy is in the office of a | ||
trustee of a library district with an
appointed board, the | ||
vacancy shall be filled by appointment by the remaining
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trustees. Vacancies shall be filled within 90 days after a | ||
vacancy has been declared. If the trustees fail to appoint a | ||
new member within 90 days after a vacancy has been declared, | ||
the State Librarian shall appoint an individual to fill the | ||
vacancy within 60 days after the trustees have failed to fill | ||
the vacancy. If the State Librarian fails to fill the vacancy | ||
within the 60 days after the trustees have failed to fill the | ||
vacancy, the vacancy shall be filled at the next regularly | ||
scheduled election. Notwithstanding any other provision of | ||
this Section, if a vacancy occurred prior to May 27, 2022 and | ||
that vacancy has not been filled by the trustees before the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly, the State Librarian shall fill the vacancy within 60 | ||
days after the effective date of this amendatory Act of the | ||
102nd General Assembly.
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(Source: P.A. 102-977, eff. 5-27-22.)
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(75 ILCS 16/30-40)
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Sec. 30-40. Organization of board; qualification
and oath | ||
of trustees. | ||
(a) Within 74 days after their election or appointment, | ||
the incumbent
and new trustees shall take their oath of office | ||
as prescribed by law
and meet to organize
the board.
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(b) The first action taken at the meeting shall be the | ||
election
of a president, a vice-president, a secretary, and a
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treasurer from among the trustees.
The secretary shall then | ||
record the membership of the
board. The board may, instead of | ||
electing a treasurer from among the trustees, by majority vote | ||
of the board, appoint and fix the compensation of a qualified | ||
treasurer that is not a trustee of the board.
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(c) Trustees
duly elected or appointed as certified by the | ||
appropriate election
authority or appointing authority shall | ||
be qualified to serve as trustees under this Act. The required | ||
oath shall be taken and subscribed
before a notary public or | ||
the secretary of the board.
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(d) Within 60 days after the organization of the board, | ||
the secretary shall file, with the county
clerk of the county | ||
containing all or a larger portion of the district
and with the | ||
Illinois State Librarian, a statement listing the names and | ||
addresses
of the trustees and officers and their respective | ||
terms in office.
The secretary shall report a vacancy on the | ||
board to the county clerk and
the State Librarian within 60 | ||
days after it occurs and shall report the
filling of a vacancy | ||
within 60 days after it is filled.
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(e) The first officers shall serve until the next regular | ||
election
of trustees. Thereafter, officers shall serve for | ||
terms set by ordinance
but not to exceed 2 years, ending on the
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third Monday of the month
following each regular election or | ||
until their successors are duly elected
by the board. A | ||
vacancy in any office shall be filled by the board for the
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unexpired term under Section 30-25.
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(Source: P.A. 102-977, eff. 5-27-22.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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