Illinois General Assembly - Full Text of SB4232
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Full Text of SB4232  102nd General Assembly

SB4232 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4232

 

Introduced 11/14/2022, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
75 ILCS 16/30-25
75 ILCS 16/30-40

    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 Ac, 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 a conforming change. Effective immediately.


LRB102 29110 AWJ 41045 b

 

 

A BILL FOR

 

SB4232LRB102 29110 AWJ 41045 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 Public Library District Act of 1991 is
5amended by changing Sections 30-25 and 30-40 as follows:
 
6    (75 ILCS 16/30-25)
7    Sec. 30-25. Vacancies.
8    (a) Vacancies shall be declared in the office of trustee
9by the board when an elected or appointed trustee (i)
10declines, fails, or is unable to serve, (ii) becomes a
11nonresident of the district, (iii) is convicted of a
12misdemeanor by failing, neglecting, or refusing to discharge
13any duty imposed upon him or her by this Act, or (iv) has
14failed to pay the library taxes levied by the district.
15Absence without cause from all regular board meetings for a
16period of one year shall be a basis for declaring a vacancy.
17    (b) All vacancies shall be filled by appointment by the
18remaining trustees until the next regular library election, at
19which time a trustee shall be elected for the remainder of the
20unexpired term. If, however, the vacancy occurs with less than
2128 months remaining in the term, and if the vacancy occurs less
22than 88 days before the next regular scheduled election for
23this office, then the person so appointed shall serve the

 

 

SB4232- 2 -LRB102 29110 AWJ 41045 b

1remainder of the unexpired term and no election to fill the
2vacancy shall be held. If the vacancy is in the office of a
3trustee of a library district with an appointed board, the
4vacancy shall be filled by appointment by the remaining
5trustees. Vacancies shall be filled within 90 days after a
6vacancy has been declared. If the trustees fail to appoint a
7new member within 90 days after a vacancy has been declared,
8the State Librarian shall appoint an individual to fill the
9vacancy within 60 days after the trustees have failed to fill
10the vacancy. If the State Librarian fails to fill the vacancy
11within the 60 days after the trustees have failed to fill the
12vacancy, the vacancy shall be filled at the next regularly
13scheduled election; except that, if a vacancy occurred prior
14to May 27, 2022 and that vacancy has not been filled by the
15trustees before the effective date of this amendatory Act of
16the 102nd General Assembly, the State Librarian shall fill the
17vacancy within 60 days after the effective date of this
18amendatory Act of the 102nd General Assembly.
19(Source: P.A. 102-977, eff. 5-27-22.)
 
20    (75 ILCS 16/30-40)
21    Sec. 30-40. Organization of board; qualification and oath
22of trustees.
23    (a) Within 74 days after their election or appointment,
24the incumbent and new trustees shall take their oath of office
25as prescribed by law and meet to organize the board.

 

 

SB4232- 3 -LRB102 29110 AWJ 41045 b

1    (b) The first action taken at the meeting shall be the
2election of a president, a vice-president, a secretary, and a
3treasurer from among the trustees. The secretary shall then
4record the membership of the board. The board may, instead of
5electing a treasurer from among the trustees, by majority vote
6of the board, appoint and fix the compensation of a qualified
7treasurer that is not a trustee of the board.
8    (c) Trustees duly elected or appointed as certified by the
9appropriate election authority or appointing authority shall
10be qualified to serve as trustees under this Act. The required
11oath shall be taken and subscribed before a notary public or
12the secretary of the board.
13    (d) Within 60 days after the organization of the board,
14the secretary shall file, with the county clerk of the county
15containing all or a larger portion of the district and with the
16Illinois State Librarian, a statement listing the names and
17addresses of the trustees and officers and their respective
18terms in office. The secretary shall report a vacancy on the
19board to the county clerk and the State Librarian within 60
20days after it occurs and shall report the filling of a vacancy
21within 60 days after it is filled.
22    (e) The first officers shall serve until the next regular
23election of trustees. Thereafter, officers shall serve for
24terms set by ordinance but not to exceed 2 years, ending on the
25third Monday of the month following each regular election or
26until their successors are duly elected by the board. A

 

 

SB4232- 4 -LRB102 29110 AWJ 41045 b

1vacancy in any office shall be filled by the board for the
2unexpired term under Section 30-25.
3(Source: P.A. 102-977, eff. 5-27-22.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.