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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Local Library Act is amended by | ||||||
5 | changing Section 4-4 as follows:
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6 | (75 ILCS 5/4-4) (from Ch. 81, par. 4-4)
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7 | Sec. 4-4.
Vacancies shall be declared in the office of | ||||||
8 | trustee by the
board when the elected or appointed trustee | ||||||
9 | declines or is unable to
serve, or is absent without cause from | ||||||
10 | all regular board meetings for a
period of one year, or is | ||||||
11 | convicted of a misdemeanor for failing,
neglecting, or | ||||||
12 | refusing to discharge any duty imposed upon a trustee by
this | ||||||
13 | Act, or becomes a nonresident of the city, village, | ||||||
14 | incorporated town,
or township, or who fails to pay the | ||||||
15 | library taxes levied by the
corporate authorities. Vacancies | ||||||
16 | shall also be declared in the office of
trustee by the board | ||||||
17 | when, at the election of the first board of library
trustees or | ||||||
18 | at any subsequent election, there are not sufficient trustees
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19 | elected to fill an entire board of 7 trustees.
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20 | Vacancies in the board of trustees in a city or a village | ||||||
21 | under the
commission form of government shall be reported to | ||||||
22 | the mayor or
president and be filled in like manner as original | ||||||
23 | appointments.
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1 | If a vacancy occurs in the board of trustees in any | ||||||
2 | incorporated
town or village (other than a village under the | ||||||
3 | commission form of
government) or in any township, the vacancy | ||||||
4 | may be filled by the remaining
trustees until the next regular | ||||||
5 | library election at which library trustees
are scheduled to be | ||||||
6 | elected under the consolidated schedule of elections in
the | ||||||
7 | general election law, at which election a trustee shall be | ||||||
8 | elected to
fill the vacancy for the remainder of the unexpired | ||||||
9 | term. If, however, the
vacancy occurs with less than 28 months | ||||||
10 | remaining in the term, and if the
vacancy occurs less than 88 | ||||||
11 | days before the next regular scheduled election
for this | ||||||
12 | office, then the person so appointed shall serve the remainder | ||||||
13 | of
the unexpired term, and no election to fill the vacancy | ||||||
14 | shall be held. If
there is a failure to appoint a library | ||||||
15 | trustee or a failure to elect a
library trustee, or if the | ||||||
16 | person elected or appointed fails to qualify for
office, the | ||||||
17 | trustee may continue in office if available and qualified | ||||||
18 | until
his successor has been elected or appointed and | ||||||
19 | qualified. Vacancies shall
be filled within 90 days after a | ||||||
20 | vacancy has been declared forthwith .
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21 | (Source: P.A. 87-424.)
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22 | Section 10. The Public Library District Act of 1991 is | ||||||
23 | amended by changing Sections 30-25 and 30-40 as follows:
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24 | (75 ILCS 16/30-25)
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1 | Sec. 30-25. Vacancies.
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2 | (a) Vacancies shall be
declared in the office of trustee | ||||||
3 | by the board
when an elected or appointed trustee (i) | ||||||
4 | declines,
fails, or is unable to serve, (ii)
becomes a | ||||||
5 | nonresident of the district, (iii) is convicted of a
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6 | misdemeanor by failing, neglecting, or refusing to discharge | ||||||
7 | any duty
imposed upon him or her by this Act, or (iv) has
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8 | failed to pay the library taxes levied by the
district. | ||||||
9 | Absence without cause from all regular board meetings for a
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10 | period of one year shall be a basis for declaring a vacancy.
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11 | (b) All vacancies
shall be filled by appointment by the | ||||||
12 | remaining trustees until the next
regular library election, at | ||||||
13 | which time a trustee shall be elected
for the remainder of the | ||||||
14 | unexpired term. If, however, the vacancy occurs
with less than | ||||||
15 | 28 months remaining in the term, and if the vacancy occurs
less | ||||||
16 | than 88 days before the next regular scheduled election for | ||||||
17 | this
office, then the person so appointed shall serve the | ||||||
18 | remainder of the
unexpired term and no election to fill the | ||||||
19 | vacancy shall be held. If the
vacancy is in the office of a | ||||||
20 | trustee of a library district with an
appointed board, the | ||||||
21 | vacancy shall be filled by appointment by the remaining
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22 | trustees. Vacancies shall be filled within 90 days after a | ||||||
23 | vacancy has been declared. If the trustees fail to appoint a | ||||||
24 | new member within 90 days after a vacancy has been declared, | ||||||
25 | the State Librarian shall appoint an individual to fill the | ||||||
26 | vacancy within 60 days after the trustees have failed to fill |
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1 | the vacancy. If the State Librarian fails to fill the vacancy | ||||||
2 | within the 60 days after the trustees have failed to fill the | ||||||
3 | vacancy, the vacancy shall be filled at the next regularly | ||||||
4 | scheduled election forthwith .
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5 | (Source: P.A. 87-1277.)
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6 | (75 ILCS 16/30-40)
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7 | Sec. 30-40. Organization of board; qualification
and oath | ||||||
8 | of trustees.
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9 | (a) Within 74 days after their election or appointment, | ||||||
10 | the incumbent
and new trustees shall take their oath of office | ||||||
11 | as prescribed by law
and meet to organize
the board.
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12 | (b) The first action taken at the meeting shall be the | ||||||
13 | election
of a president, a vice-president, a secretary, and a
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14 | treasurer from among the trustees.
The secretary shall then | ||||||
15 | record the membership of the
board. The board may, instead of | ||||||
16 | electing a treasurer from among the trustees, by majority vote | ||||||
17 | of the board, appoint and fix the compensation of a qualified | ||||||
18 | treasurer that is not a trustee of the board.
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19 | (c) Trustees
duly elected or appointed as certified by the | ||||||
20 | appropriate election
authority or appointing authority shall | ||||||
21 | be qualified to serve as trustees under this Act. The required | ||||||
22 | oath shall be taken and subscribed
before a notary public or | ||||||
23 | the secretary of the board.
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24 | (d) Within 60 days after the organization of the board, | ||||||
25 | the secretary shall file, with the county
clerk of the county |
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1 | containing all or a larger portion of the district
and with the | ||||||
2 | Illinois State Librarian, a statement listing the names and | ||||||
3 | addresses
of the trustees and officers and their respective | ||||||
4 | terms in office.
The secretary shall report a vacancy on the | ||||||
5 | board to the county clerk and
the State Librarian within 60 | ||||||
6 | days after it occurs and shall report the
filling of a vacancy | ||||||
7 | within 60 days after it is filled.
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8 | (e) The first officers shall serve until the next regular | ||||||
9 | election
of trustees. Thereafter, officers shall serve for | ||||||
10 | terms set by ordinance
but not to exceed 2 years, ending on the
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11 | third Monday of the month
following each regular election or | ||||||
12 | until their successors are duly elected
by the board. A | ||||||
13 | vacancy in any office shall be filled by the board for the
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14 | unexpired term.
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15 | (Source: P.A. 93-847, eff. 7-30-04.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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