Illinois General Assembly - Full Text of HB5283
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Full Text of HB5283  102nd General Assembly

HB5283enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5283 EnrolledLRB102 25955 AWJ 35343 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17when, at the election of the first board of library trustees or
18at any subsequent election, there are not sufficient trustees
19elected to fill an entire board of 7 trustees.
20    Vacancies in the board of trustees in a city or a village
21under the commission form of government shall be reported to
22the mayor or president and be filled in like manner as original
23appointments.

 

 

HB5283 Enrolled- 2 -LRB102 25955 AWJ 35343 b

1    If a vacancy occurs in the board of trustees in any
2incorporated town or village (other than a village under the
3commission form of government) or in any township, the vacancy
4may be filled by the remaining trustees until the next regular
5library election at which library trustees are scheduled to be
6elected under the consolidated schedule of elections in the
7general election law, at which election a trustee shall be
8elected to fill the vacancy for the remainder of the unexpired
9term. If, however, the vacancy occurs with less than 28 months
10remaining in the term, and if the vacancy occurs less than 88
11days before the next regular scheduled election for this
12office, then the person so appointed shall serve the remainder
13of the unexpired term, and no election to fill the vacancy
14shall be held. If there is a failure to appoint a library
15trustee or a failure to elect a library trustee, or if the
16person elected or appointed fails to qualify for office, the
17trustee may continue in office if available and qualified
18until his successor has been elected or appointed and
19qualified. Vacancies shall be filled within 90 days after a
20vacancy has been declared forthwith.
21(Source: P.A. 87-424.)
 
22    Section 10. The Public Library District Act of 1991 is
23amended by changing Sections 30-25 and 30-40 as follows:
 
24    (75 ILCS 16/30-25)

 

 

HB5283 Enrolled- 3 -LRB102 25955 AWJ 35343 b

1    Sec. 30-25. Vacancies.
2    (a) Vacancies shall be declared in the office of trustee
3by the board when an elected or appointed trustee (i)
4declines, fails, or is unable to serve, (ii) becomes a
5nonresident of the district, (iii) is convicted of a
6misdemeanor by failing, neglecting, or refusing to discharge
7any duty imposed upon him or her by this Act, or (iv) has
8failed to pay the library taxes levied by the district.
9Absence without cause from all regular board meetings for a
10period of one year shall be a basis for declaring a vacancy.
11    (b) All vacancies shall be filled by appointment by the
12remaining trustees until the next regular library election, at
13which time a trustee shall be elected for the remainder of the
14unexpired term. If, however, the vacancy occurs with less than
1528 months remaining in the term, and if the vacancy occurs less
16than 88 days before the next regular scheduled election for
17this office, then the person so appointed shall serve the
18remainder of the unexpired term and no election to fill the
19vacancy shall be held. If the vacancy is in the office of a
20trustee of a library district with an appointed board, the
21vacancy shall be filled by appointment by the remaining
22trustees. Vacancies shall be filled within 90 days after a
23vacancy has been declared. If the trustees fail to appoint a
24new member within 90 days after a vacancy has been declared,
25the State Librarian shall appoint an individual to fill the
26vacancy within 60 days after the trustees have failed to fill

 

 

HB5283 Enrolled- 4 -LRB102 25955 AWJ 35343 b

1the vacancy. If the State Librarian fails to fill the vacancy
2within the 60 days after the trustees have failed to fill the
3vacancy, the vacancy shall be filled at the next regularly
4scheduled election 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

 

 

HB5283 Enrolled- 5 -LRB102 25955 AWJ 35343 b

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.