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Sen. Laura M. Murphy
Filed: 11/16/2022
| | 10200HB4073sam004 | | LRB102 18168 AWJ 41726 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4073
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4073, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Public Library District Act of 1991 is |
| 6 | | amended by changing Sections 30-25 and 30-40 as follows:
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| 7 | | (75 ILCS 16/30-25)
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| 8 | | Sec. 30-25. Vacancies.
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| 9 | | (a) Vacancies shall be
declared in the office of trustee |
| 10 | | by the board
when an elected or appointed trustee (i) |
| 11 | | declines,
fails, or is unable to serve, (ii)
becomes a |
| 12 | | nonresident of the district, (iii) is convicted of a
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| 13 | | misdemeanor by failing, neglecting, or refusing to discharge |
| 14 | | any duty
imposed upon him or her by this Act, or (iv) has
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| 15 | | failed to pay the library taxes levied by the
district. |
| 16 | | Absence without cause from all regular board meetings for a
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| 1 | | period of one year shall be a basis for declaring a vacancy.
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| 2 | | (b) All vacancies
shall be filled by appointment by the |
| 3 | | remaining trustees until the next
regular library election, at |
| 4 | | which time a trustee shall be elected
for the remainder of the |
| 5 | | unexpired term. If, however, the vacancy occurs
with less than |
| 6 | | 28 months remaining in the term, and if the vacancy occurs
less |
| 7 | | than 88 days before the next regular scheduled election for |
| 8 | | this
office, then the person so appointed shall serve the |
| 9 | | remainder of the
unexpired term and no election to fill the |
| 10 | | vacancy shall be held. If the
vacancy is in the office of a |
| 11 | | trustee of a library district with an
appointed board, the |
| 12 | | vacancy shall be filled by appointment by the remaining
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| 13 | | trustees. Vacancies shall be filled within 90 days after a |
| 14 | | vacancy has been declared. If the trustees fail to appoint a |
| 15 | | new member within 90 days after a vacancy has been declared, |
| 16 | | the State Librarian shall appoint an individual to fill the |
| 17 | | vacancy within 60 days after the trustees have failed to fill |
| 18 | | the vacancy. If the State Librarian fails to fill the vacancy |
| 19 | | within the 60 days after the trustees have failed to fill the |
| 20 | | vacancy, the vacancy shall be filled at the next regularly |
| 21 | | scheduled election. Notwithstanding any other provision of |
| 22 | | this Section, if a vacancy occurred prior to May 27, 2022 and |
| 23 | | that vacancy has not been filled by the trustees before the |
| 24 | | effective date of this amendatory Act of the 102nd General |
| 25 | | Assembly, the State Librarian shall fill the vacancy within 60 |
| 26 | | days after the effective date of this amendatory Act of the |
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| 1 | | 102nd General Assembly.
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| 2 | | (Source: P.A. 102-977, eff. 5-27-22.)
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| 3 | | (75 ILCS 16/30-40)
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| 4 | | Sec. 30-40. Organization of board; qualification
and oath |
| 5 | | of trustees. |
| 6 | | (a) Within 74 days after their election or appointment, |
| 7 | | the incumbent
and new trustees shall take their oath of office |
| 8 | | as prescribed by law
and meet to organize
the board.
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| 9 | | (b) The first action taken at the meeting shall be the |
| 10 | | election
of a president, a vice-president, a secretary, and a
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| 11 | | treasurer from among the trustees.
The secretary shall then |
| 12 | | record the membership of the
board. The board may, instead of |
| 13 | | electing a treasurer from among the trustees, by majority vote |
| 14 | | of the board, appoint and fix the compensation of a qualified |
| 15 | | treasurer that is not a trustee of the board.
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| 16 | | (c) Trustees
duly elected or appointed as certified by the |
| 17 | | appropriate election
authority or appointing authority shall |
| 18 | | be qualified to serve as trustees under this Act. The required |
| 19 | | oath shall be taken and subscribed
before a notary public or |
| 20 | | the secretary of the board.
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| 21 | | (d) Within 60 days after the organization of the board, |
| 22 | | the secretary shall file, with the county
clerk of the county |
| 23 | | containing all or a larger portion of the district
and with the |
| 24 | | Illinois State Librarian, a statement listing the names and |
| 25 | | addresses
of the trustees and officers and their respective |
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| 1 | | terms in office.
The secretary shall report a vacancy on the |
| 2 | | board to the county clerk and
the State Librarian within 60 |
| 3 | | days after it occurs and shall report the
filling of a vacancy |
| 4 | | within 60 days after it is filled.
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| 5 | | (e) The first officers shall serve until the next regular |
| 6 | | election
of trustees. Thereafter, officers shall serve for |
| 7 | | terms set by ordinance
but not to exceed 2 years, ending on the
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| 8 | | third Monday of the month
following each regular election or |
| 9 | | until their successors are duly elected
by the board. A |
| 10 | | vacancy in any office shall be filled by the board for the
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| 11 | | unexpired term under Section 30-25.
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| 12 | | (Source: P.A. 102-977, eff. 5-27-22.)
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| 13 | | Section 99. Effective date. This Act takes effect upon |
| 14 | | becoming law.".
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