101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4328

 

Introduced 1/29/2020, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
75 ILCS 5/4-3.3  from Ch. 81, par. 4-3.3
75 ILCS 16/30-20

    Amends the Illinois Local Library Act. Provides that a person is not eligible to be elected or serve as a library trustee: unless he or she is a qualified elector of the local jurisdiction and has resided in it for at least one year at the time he or she files nomination papers or a declaration of intent to become a write-in candidate or is presented for appointment; and if he or she is in arrears in the payment of property tax due to the library or has been convicted in any court in the United States of any infamous crime, bribery, perjury, or other felony. Excludes: (1) nominees or trustees of the Chicago Public Library; or (2) a library trustee currently serving on the effective date of the amendatory Act until the library trustee files nomination papers or a declaration of intent to become a write-in candidate or is presented for reappointment. Amends the Public Library District Act of 1991. Prevents persons from becoming a trustee (rather than only serving as a trustee) under specified circumstances, including unless he or she has continuously resided (rather than just resided) in the library district at least one year preceding the day (rather than at the time) he or she executes a statement of candidacy (rather than files nomination papers). Makes other changes. Effective immediately.


LRB101 16263 AWJ 65636 b

 

 

A BILL FOR

 

HB4328LRB101 16263 AWJ 65636 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 4-3.3 as follows:
 
6    (75 ILCS 5/4-3.3)  (from Ch. 81, par. 4-3.3)
7    Sec. 4-3.3. (a) Nominations for the position of library
8trustee including the first board of library trustees shall be
9by petition, signed by at least 25 legal voters residing in the
10incorporated town or village (except a village under the
11commission form of government) or township and filed with the
12clerk of such incorporated town, village, or township within
13the time prescribed by the general election law. Such clerk
14shall certify the candidates for library trustees to the proper
15election authorities who shall conduct the election in
16accordance with the general election law. All candidates must
17be residents of the incorporated town, village or township
18involved. The ballots shall not designate any political party,
19platform or political principle.
20    (b) A person is not eligible to be elected or serve as a
21library trustee unless he or she is a qualified elector of the
22local jurisdiction and has resided in it for at least one year
23at the time he or she files nomination papers or a declaration

 

 

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1of intent to become a write-in candidate or is presented for
2appointment.
3    (c) A person is not eligible to be elected or serve as a
4library trustee who, at the time of his or her appointment or
5filing of nomination papers or a declaration of intent to
6become a write-in candidate, is in arrears in the payment of
7property tax due to the library or has been convicted in any
8court in the United States of any infamous crime, bribery,
9perjury, or other felony.
10    (d) Subsections (b) and (c) do not apply to: (1) nominees
11or trustees of the Chicago Public Library; or (2) a library
12trustee currently serving on the effective date of this
13amendatory Act of the 101st General Assembly until the library
14trustee files nomination papers or a declaration of intent to
15become a write-in candidate or is presented for reappointment.
16(Source: P.A. 95-65, eff. 1-1-08.)
 
17    Section 10. The Public Library District Act of 1991 is
18amended by changing Section 30-20 as follows:
 
19    (75 ILCS 16/30-20)
20    Sec. 30-20. Nomination of candidates; ballot.
21    (a) Nomination of candidates for election as trustees shall
22be by petition, signed by a number of qualified voters
23equivalent to at least 2% of the votes cast at the last
24election for library trustees, or 50, whichever is less,

 

 

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1residing within the district, and filed with the secretary of
2the district within the time provided by the Election Code. No
3party name or affiliation may appear on the petition.
4    (b) The names of all candidates for the office of trustee
5shall be certified by the secretary to the proper election
6authority, who shall conduct the election in accordance with
7the Election Code.
8    (c) The ballot for election of trustees shall not designate
9any political party, platform, or political principle.
10    (d) A person is not eligible to become a candidate for or
11serve as a library trustee unless he or she is a qualified
12elector of the library district and has continuously resided in
13the library district at least one year preceding the day at the
14time he or she executes a statement of candidacy files
15nomination papers or a declaration of intent to become a
16write-in candidate or is presented for appointment.
17    (e) A person is not eligible to become a candidate for or
18serve as a library trustee who, at the time of his or her
19appointment, execution of a statement of candidacy or filing of
20nomination papers or a declaration of intent to become a
21write-in candidate, is in arrears in the payment of property a
22tax or other indebtedness due to the library district or has
23been convicted in any court in the United States of any
24infamous crime, bribery, perjury, or other felony.
25    (f) The changes made by this amendatory Act of the 100th
26General Assembly apply only to candidates by petition or

 

 

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1write-in candidates in the consolidated election of 2019 and
2thereafter and to all appointees appointed after the effective
3date of this amendatory Act of the 100th General Assembly.
4(Source: P.A. 100-746, eff. 8-10-18.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.