Sen. Laura M. Murphy

Filed: 3/24/2022

 

 


 

 


 
10200HB5283sam001LRB102 25955 AWJ 37964 a

1
AMENDMENT TO HOUSE BILL 5283

2    AMENDMENT NO. ______. Amend House Bill 5283 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Local Library Act is amended by
5changing Section 4-4 as follows:
 
6    (75 ILCS 5/4-4)  (from Ch. 81, par. 4-4)
7    Sec. 4-4. Vacancies shall be declared in the office of
8trustee by the board when the elected or appointed trustee
9declines or is unable to serve, or is absent without cause from
10all regular board meetings for a period of one year, or is
11convicted of a misdemeanor for failing, neglecting, or
12refusing to discharge any duty imposed upon a trustee by this
13Act, or becomes a nonresident of the city, village,
14incorporated town, or township, or who fails to pay the
15library taxes levied by the corporate authorities. Vacancies
16shall also be declared in the office of trustee by the board

 

 

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1when, at the election of the first board of library trustees or
2at any subsequent election, there are not sufficient trustees
3elected to fill an entire board of 7 trustees.
4    Vacancies in the board of trustees in a city or a village
5under the commission form of government shall be reported to
6the mayor or president and be filled in like manner as original
7appointments.
8    If a vacancy occurs in the board of trustees in any
9incorporated town or village (other than a village under the
10commission form of government) or in any township, the vacancy
11may be filled by the remaining trustees until the next regular
12library election at which library trustees are scheduled to be
13elected under the consolidated schedule of elections in the
14general election law, at which election a trustee shall be
15elected to fill the vacancy for the remainder of the unexpired
16term. If, however, the vacancy occurs with less than 28 months
17remaining in the term, and if the vacancy occurs less than 88
18days before the next regular scheduled election for this
19office, then the person so appointed shall serve the remainder
20of the unexpired term, and no election to fill the vacancy
21shall be held. If there is a failure to appoint a library
22trustee or a failure to elect a library trustee, or if the
23person elected or appointed fails to qualify for office, the
24trustee may continue in office if available and qualified
25until his successor has been elected or appointed and
26qualified. Vacancies shall be filled within 90 days after a

 

 

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1vacancy has been declared forthwith.
2(Source: P.A. 87-424.)
 
3    Section 10. The Public Library District Act of 1991 is
4amended by changing Sections 30-25 and 30-40 as follows:
 
5    (75 ILCS 16/30-25)
6    Sec. 30-25. Vacancies.
7    (a) Vacancies shall be declared in the office of trustee
8by the board when an elected or appointed trustee (i)
9declines, fails, or is unable to serve, (ii) becomes a
10nonresident of the district, (iii) is convicted of a
11misdemeanor by failing, neglecting, or refusing to discharge
12any duty imposed upon him or her by this Act, or (iv) has
13failed to pay the library taxes levied by the district.
14Absence without cause from all regular board meetings for a
15period of one year shall be a basis for declaring a vacancy.
16    (b) All vacancies shall be filled by appointment by the
17remaining trustees until the next regular library election, at
18which time a trustee shall be elected for the remainder of the
19unexpired term. If, however, the vacancy occurs with less than
2028 months remaining in the term, and if the vacancy occurs less
21than 88 days before the next regular scheduled election for
22this office, then the person so appointed shall serve the
23remainder of the unexpired term and no election to fill the
24vacancy shall be held. If the vacancy is in the office of a

 

 

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1trustee of a library district with an appointed board, the
2vacancy shall be filled by appointment by the remaining
3trustees. Vacancies shall be filled within 90 days after a
4vacancy has been declared forthwith.
5(Source: P.A. 87-1277.)
 
6    (75 ILCS 16/30-40)
7    Sec. 30-40. Organization of board; qualification and oath
8of trustees.
9    (a) Within 74 days after their election or appointment,
10the incumbent and new trustees shall take their oath of office
11as prescribed by law and meet to organize the board.
12    (b) The first action taken at the meeting shall be the
13election of a president, a vice-president, a secretary, and a
14treasurer from among the trustees. The secretary shall then
15record the membership of the board. The board may, instead of
16electing a treasurer from among the trustees, by majority vote
17of the board, appoint and fix the compensation of a qualified
18treasurer that is not a trustee of the board.
19    (c) Trustees duly elected or appointed as certified by the
20appropriate election authority or appointing authority shall
21be qualified to serve as trustees under this Act. The required
22oath shall be taken and subscribed before a notary public or
23the secretary of the board.
24    (d) Within 60 days after the organization of the board,
25the secretary shall file, with the county clerk of the county

 

 

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1containing all or a larger portion of the district and with the
2Illinois State Librarian, a statement listing the names and
3addresses of the trustees and officers and their respective
4terms in office. The secretary shall report a vacancy on the
5board to the county clerk and the State Librarian within 60
6days after it occurs and shall report the filling of a vacancy
7within 60 days after it is filled.
8    (e) The first officers shall serve until the next regular
9election of trustees. Thereafter, officers shall serve for
10terms set by ordinance but not to exceed 2 years, ending on the
11third Monday of the month following each regular election or
12until their successors are duly elected by the board. A
13vacancy in any office shall be filled by the board for the
14unexpired term.
15(Source: P.A. 93-847, eff. 7-30-04.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".