HB1589ham001 104TH GENERAL ASSEMBLY

Rep. Anne Stava-Murray

Filed: 3/6/2025

10400HB1589ham001 LRB104 08644 RTM 23025 a

AMENDMENT TO HOUSE BILL 1589

AMENDMENT NO. ______. Amend House Bill 1589 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Local Library Act is amended by changing Section 4-3.3 as follows:

(75 ILCS 5/4-3.3) (from Ch. 81, par. 4-3.3)

Sec. 4-3.3. Nominations. Nominations for the position of library trustee including the first board of library trustees shall be by petition, signed by at least 25 legal voters residing in the incorporated town or village (except a village under the commission form of government) or township and filed with the clerk of such incorporated town, village, or township within the time prescribed by the general election law. Such clerk shall certify the candidates for library trustees to the proper election authorities who shall conduct the election in accordance with the general election law. All candidates must be residents of the incorporated town, village, or township involved and have a valid library card for the library. The ballots shall not designate any political party, platform, or political principle.

(Source: P.A. 95-65, eff. 1-1-08.)

Section 10. The Public Library District Act of 1991 is amended by changing Sections 30-20 and 30-25 as follows:

(75 ILCS 16/30-20)

Sec. 30-20. Nomination of candidates; ballot.

(a) Nomination of candidates for election as trustees shall be by petition, signed by a number of qualified voters equivalent to at least 2% of the votes cast at the last election for library trustees, or 50, whichever is less, residing within the district, and filed with the secretary of the district within the time provided by the Election Code. No party name or affiliation may appear on the petition.

(b) The names of all candidates for the office of trustee shall be certified by the secretary to the proper election authority, who shall conduct the election in accordance with the Election Code.

(c) The ballot for election of trustees shall not designate any political party, platform, or political principle.

(d) A person is not eligible to serve as a library trustee unless he or she is a qualified elector of the library district and has resided in the library district 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.

(e) A person is not eligible to serve as a library trustee who, at the time of his or her appointment or filing of nomination papers or a declaration of intent to become a write-in candidate, is in arrears in the payment of a tax or other indebtedness due to the library district or has been convicted in any court in the United States of any infamous crime, bribery, perjury, or other felony.

(e-5) A person is not eligible to serve as library trustee who, at the time of his or her appointment or filing of nomination papers or a declaration of intent to become a write-in candidate or is presented for appointment, has not been a public library cardholder for a period of one year prior to declaring candidacy or being presented for appointment.

(f) The changes made by this amendatory Act of the 100th General Assembly apply only to candidates by petition or write-in candidates in the consolidated election of 2019 and thereafter and to all appointees appointed after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 100-746, eff. 8-10-18.)

(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, from persons meeting the criteria in Section 30-20 of this Act, 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. 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.

(Source: P.A. 102-977, eff. 5-27-22; 102-1107, eff. 12-14-22.)".