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Public Act 102-0977


 

Public Act 0977 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0977
 
HB5283 EnrolledLRB102 25955 AWJ 35343 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Local Library Act is amended by
changing Section 4-4 as follows:
 
    (75 ILCS 5/4-4)  (from Ch. 81, par. 4-4)
    Sec. 4-4. Vacancies shall be declared in the office of
trustee by the board when the elected or appointed trustee
declines or is unable to serve, or is absent without cause from
all regular board meetings for a period of one year, or is
convicted of a misdemeanor for failing, neglecting, or
refusing to discharge any duty imposed upon a trustee by this
Act, or becomes a nonresident of the city, village,
incorporated town, or township, or who fails to pay the
library taxes levied by the corporate authorities. Vacancies
shall also be declared in the office of trustee by the board
when, at the election of the first board of library trustees or
at any subsequent election, there are not sufficient trustees
elected to fill an entire board of 7 trustees.
    Vacancies in the board of trustees in a city or a village
under the commission form of government shall be reported to
the mayor or president and be filled in like manner as original
appointments.
    If a vacancy occurs in the board of trustees in any
incorporated town or village (other than a village under the
commission form of government) or in any township, the vacancy
may be filled by the remaining trustees until the next regular
library election at which library trustees are scheduled to be
elected under the consolidated schedule of elections in the
general election law, at which election a trustee shall be
elected to fill the vacancy 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 there is a failure to appoint a library
trustee or a failure to elect a library trustee, or if the
person elected or appointed fails to qualify for office, the
trustee may continue in office if available and qualified
until his successor has been elected or appointed and
qualified. Vacancies shall be filled within 90 days after a
vacancy has been declared forthwith.
(Source: P.A. 87-424.)
 
    Section 10. The Public Library District Act of 1991 is
amended by changing Sections 30-25 and 30-40 as follows:
 
    (75 ILCS 16/30-25)
    Sec. 30-25. Vacancies.
    (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
misdemeanor by failing, neglecting, or refusing to discharge
any duty imposed upon him or her by this Act, or (iv) has
failed to pay the library taxes levied by the district.
Absence without cause from all regular board meetings for a
period of one year shall be a basis for declaring a vacancy.
    (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
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 forthwith.
(Source: P.A. 87-1277.)
 
    (75 ILCS 16/30-40)
    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.
    (b) The first action taken at the meeting shall be the
election of a president, a vice-president, a secretary, and a
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.
    (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.
    (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.
    (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
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
unexpired term.
(Source: P.A. 93-847, eff. 7-30-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022