Full Text of HB4073 102nd General Assembly
HB4073enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Library District Act of 1991 is | 5 | | amended 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 | 9 | | by the board
when an elected or appointed trustee (i) | 10 | | declines,
fails, or is unable to serve, (ii)
becomes a | 11 | | nonresident of the district, (iii) is convicted of a
| 12 | | misdemeanor by failing, neglecting, or refusing to discharge | 13 | | any duty
imposed upon him or her by this Act, or (iv) has
| 14 | | failed to pay the library taxes levied by the
district. | 15 | | Absence without cause from all regular board meetings for a
| 16 | | period of one year shall be a basis for declaring a vacancy.
| 17 | | (b) All vacancies
shall be filled by appointment by the | 18 | | remaining trustees until the next
regular library election, at | 19 | | which time a trustee shall be elected
for the remainder of the | 20 | | unexpired term. If, however, the vacancy occurs
with less than | 21 | | 28 months remaining in the term, and if the vacancy occurs
less | 22 | | than 88 days before the next regular scheduled election for | 23 | | this
office, then the person so appointed shall serve the |
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| 1 | | remainder of the
unexpired term and no election to fill the | 2 | | vacancy shall be held. If the
vacancy is in the office of a | 3 | | trustee of a library district with an
appointed board, the | 4 | | vacancy shall be filled by appointment by the remaining
| 5 | | trustees. Vacancies shall be filled within 90 days after a | 6 | | vacancy has been declared. If the trustees fail to appoint a | 7 | | new member within 90 days after a vacancy has been declared, | 8 | | the State Librarian shall appoint an individual to fill the | 9 | | vacancy within 60 days after the trustees have failed to fill | 10 | | the vacancy. If the State Librarian fails to fill the vacancy | 11 | | within the 60 days after the trustees have failed to fill the | 12 | | vacancy, the vacancy shall be filled at the next regularly | 13 | | scheduled election. Notwithstanding any other provision of | 14 | | this Section, if a vacancy occurred prior to May 27, 2022 and | 15 | | that vacancy has not been filled by the trustees before the | 16 | | effective date of this amendatory Act of the 102nd General | 17 | | Assembly, the State Librarian shall fill the vacancy within 60 | 18 | | days after the effective date of this amendatory Act of the | 19 | | 102nd General Assembly.
| 20 | | (Source: P.A. 102-977, eff. 5-27-22.)
| 21 | | (75 ILCS 16/30-40)
| 22 | | Sec. 30-40. Organization of board; qualification
and oath | 23 | | of trustees. | 24 | | (a) Within 74 days after their election or appointment, | 25 | | the incumbent
and new trustees shall take their oath of office |
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| 1 | | as prescribed by law
and meet to organize
the board.
| 2 | | (b) The first action taken at the meeting shall be the | 3 | | election
of a president, a vice-president, a secretary, and a
| 4 | | treasurer from among the trustees.
The secretary shall then | 5 | | record the membership of the
board. The board may, instead of | 6 | | electing a treasurer from among the trustees, by majority vote | 7 | | of the board, appoint and fix the compensation of a qualified | 8 | | treasurer that is not a trustee of the board.
| 9 | | (c) Trustees
duly elected or appointed as certified by the | 10 | | appropriate election
authority or appointing authority shall | 11 | | be qualified to serve as trustees under this Act. The required | 12 | | oath shall be taken and subscribed
before a notary public or | 13 | | the secretary of the board.
| 14 | | (d) Within 60 days after the organization of the board, | 15 | | the secretary shall file, with the county
clerk of the county | 16 | | containing all or a larger portion of the district
and with the | 17 | | Illinois State Librarian, a statement listing the names and | 18 | | addresses
of the trustees and officers and their respective | 19 | | terms in office.
The secretary shall report a vacancy on the | 20 | | board to the county clerk and
the State Librarian within 60 | 21 | | days after it occurs and shall report the
filling of a vacancy | 22 | | within 60 days after it is filled.
| 23 | | (e) The first officers shall serve until the next regular | 24 | | election
of trustees. Thereafter, officers shall serve for | 25 | | terms set by ordinance
but not to exceed 2 years, ending on the
| 26 | | third Monday of the month
following each regular election or |
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| 1 | | until their successors are duly elected
by the board. A | 2 | | vacancy in any office shall be filled by the board for the
| 3 | | unexpired term under Section 30-25 .
| 4 | | (Source: P.A. 102-977, eff. 5-27-22.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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