Public Act 101-0126
 
HB0910 EnrolledLRB101 06991 AWJ 52024 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 
adding Section 4-2.5 as follows:
 
    (75 ILCS 5/4-2.5 new)
    Sec. 4-2.5. Aurora Public Library; change to elected board 
of library trustees.
    (a)   The Aurora Public Library may change to an elected 
board of trustees if approved by referendum following either 
item (1) or (2):
        (1)   The Aurora City Council, by ordinance, requests 
    that a proposition to have an elected board of library 
    trustees be submitted to the voters.  Upon adoption of the 
    ordinance, the Aurora City Council shall submit the 
    ordinance to the Aurora City Clerk.
        (2)   Upon filing with the Aurora City Clerk of a 
    petition, subject to the requirements of Section 28-3 of 
    the Election Code, signed by registered voters of the City 
    of Aurora equaling not less than 10% of the number of 
    persons who voted at the last regular election in the City 
    of Aurora in which the City of Aurora voted as a unit for 
    the election of officers to serve its respective 
    territorial area.
A petition may be filed at any time.
    Upon the Aurora City Clerk's receipt of an ordinance 
adopted under item (1) or a petition filed under item (2), the 
Clerk shall certify the proposition to the appropriate election 
authorities who shall submit the proposition at the next 
general primary  election in accordance with the general 
election law.
    (b)   The proposition shall be in substantially the following 
form:
-------------------------------------------------------------

Shall the trustees of the                YES

Aurora Public Library be           ---------------

elected, rather than appointed?           NO

------------------------------------------------------------- 
    If a majority of the votes cast on the proposition are in 
the affirmative, the trustees of the Aurora Public Library 
shall thereafter be elected as provided by this Section. The 
Aurora Public Library shall continue to function as a municipal 
library in all ways except that the trustees are elected. 
    (c) After approval of a proposition under subsection (b), 
nominations for members of the board of trustees shall be made 
by a petition signed by 250 registered voters of the City of 
Aurora and shall be filed with the Aurora City Clerk. The 
requirements of general election law shall determine the form 
of the nominating petition and any other requirements for 
nomination.
    (d)   After approval of a proposition under subsection (b) 
and nomination of candidates under subsection (c), one trustee 
from each of the City of Aurora's Wards and one at-large 
trustee shall be elected at the consolidated election next 
following the approval of the proposition under subsection (b). 
Except as provided under subsection (e), the length of the 
terms of the trustees elected shall be determined by lot at 
their first meeting as follows: one-third of the trustees for a 
2-year term, a 4-year term, and then a 4-year term; one-third 
of the trustees (including the at-large trustee) for a 4-year 
term, a 2-year term, and then a 4-year term; and the remaining 
trustees for a 4-year term, a 4-year term, and then a 2-year 
term. Except as otherwise provided in Section 2A-54 of the 
Election Code, the term of each elected trustee shall commence 
on the third Monday of the month following the month of the 
trustee's  election and continue until  the trustee's successor 
is elected and qualified.
    No party designation shall appear on the ballot for 
election of trustees. The provisions of the general election 
law shall apply to and govern the nomination and election of 
trustees.
    The Aurora City Clerk shall, within 7 days of filing or on 
the last day for filing, whichever is earlier, acknowledge to 
the petitioner in writing of the Clerk's acceptance of the 
petition.
    (e) After each redistricting following each federal 
decennial census, the terms of the elected trustees on the 
Aurora Public Library's board shall terminate upon the 
nomination, election (at the consolidated election next 
following redistricting), and qualification of successor 
trustees in the manner provided for in subsections (c) and (d).  
The terms of the successor trustees shall be determined by lot 
at the board's first meeting following redistricting with 
trustee terms as provided for in subsection (d).
    (f)   The provisions of this Act relating to eligibility, 
powers, and disabilities of appointed trustees shall apply to 
elected trustees. The Aurora Public Library shall continue to 
function the same except that the trustees are elected.
    (g)   After the election of trustees under subsection (d), 
the appointed trustees shall continue to constitute the board 
of trustees until the third Monday of the month following the 
month of the first election of trustees. The terms of all 
appointed trustees shall expire on the third Monday of the 
month following the month of the first election of trustees 
under this Section or when all successors have been elected and 
have qualified, whichever occurs later.
    If the term of an appointed trustee expires or an appointed 
trustee's office is vacated before the first election of 
trustees, the authority which appointed that trustee shall 
appoint a successor to serve until a successor is elected and 
has qualified.
    (h)   If the Aurora Public Library has changed to an elected 
rather than an appointed board of trustees under this Section, 
then it may, in the manner provided in this subsection, revert 
back to an appointed board of trustees.
    Upon filing with the Aurora City Clerk of a petition, 
subject to the requirements of Section 28-3 of the Election 
Code, signed by registered voters of the City of Aurora 
equaling not less than 10% of the number of persons who voted 
at the election approving the election of trustees under 
subsection (b),  the Aurora City Clerk shall certify the 
proposition to the proper election officials, who shall submit 
the proposition to the voters of the municipality at an 
election in accordance with the general election law. The 
proposition shall be in substantially the following form: 
-------------------------------------------------------------

Shall the trustees of the                 YES

Aurora Public Library be            ---------------

appointed, rather than elected?            NO

------------------------------------------------------------- 
    If a majority of the votes cast on the proposition are in 
the affirmative, the trustees of the Aurora Public Library 
shall thereafter be appointed as provided by this Act. Once an 
elected trustee's successor is appointed and qualified, the 
elected trustee's term expires.  Vacancies shall be filled as 
provided in Section 4-4. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.