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Public Act 102-1107
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| HB4073 Enrolled | LRB102 18168 AWJ 25706 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Library District Act of 1991 is |
amended by changing Sections 30-25 and 30-40 as follows:
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(75 ILCS 16/30-25)
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Sec. 30-25. Vacancies.
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(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
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misdemeanor by failing, neglecting, or refusing to discharge |
any duty
imposed upon him or her by this Act, or (iv) has
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failed to pay the library taxes levied by the
district. |
Absence without cause from all regular board meetings for a
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period of one year shall be a basis for declaring a vacancy.
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(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 |
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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
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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. Notwithstanding any other provision of |
this Section, if a vacancy occurred prior to May 27, 2022 and |
that vacancy has not been filled by the trustees before the |
effective date of this amendatory Act of the 102nd General |
Assembly, the State Librarian shall fill the vacancy within 60 |
days after the effective date of this amendatory Act of the |
102nd General Assembly.
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(Source: P.A. 102-977, eff. 5-27-22.)
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(75 ILCS 16/30-40)
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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 |
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as prescribed by law
and meet to organize
the board.
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(b) The first action taken at the meeting shall be the |
election
of a president, a vice-president, a secretary, and a
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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.
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(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.
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(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.
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(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
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third Monday of the month
following each regular election or |