Illinois General Assembly - Full Text of HB4073
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Full Text of HB4073  102nd General Assembly




HB4073 EnrolledLRB102 18168 AWJ 25706 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Library District Act of 1991 is
5amended by changing Sections 30-25 and 30-40 as follows:
6    (75 ILCS 16/30-25)
7    Sec. 30-25. Vacancies.
8    (a) Vacancies shall be declared in the office of trustee
9by the board when an elected or appointed trustee (i)
10declines, fails, or is unable to serve, (ii) becomes a
11nonresident of the district, (iii) is convicted of a
12misdemeanor by failing, neglecting, or refusing to discharge
13any duty imposed upon him or her by this Act, or (iv) has
14failed to pay the library taxes levied by the district.
15Absence without cause from all regular board meetings for a
16period of one year shall be a basis for declaring a vacancy.
17    (b) All vacancies shall be filled by appointment by the
18remaining trustees until the next regular library election, at
19which time a trustee shall be elected for the remainder of the
20unexpired term. If, however, the vacancy occurs with less than
2128 months remaining in the term, and if the vacancy occurs less
22than 88 days before the next regular scheduled election for
23this office, then the person so appointed shall serve the



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1remainder of the unexpired term and no election to fill the
2vacancy shall be held. If the vacancy is in the office of a
3trustee of a library district with an appointed board, the
4vacancy shall be filled by appointment by the remaining
5trustees. Vacancies shall be filled within 90 days after a
6vacancy has been declared. If the trustees fail to appoint a
7new member within 90 days after a vacancy has been declared,
8the State Librarian shall appoint an individual to fill the
9vacancy within 60 days after the trustees have failed to fill
10the vacancy. If the State Librarian fails to fill the vacancy
11within the 60 days after the trustees have failed to fill the
12vacancy, the vacancy shall be filled at the next regularly
13scheduled election. Notwithstanding any other provision of
14this Section, if a vacancy occurred prior to May 27, 2022 and
15that vacancy has not been filled by the trustees before the
16effective date of this amendatory Act of the 102nd General
17Assembly, the State Librarian shall fill the vacancy within 60
18days after the effective date of this amendatory Act of the
19102nd General Assembly.
20(Source: P.A. 102-977, eff. 5-27-22.)
21    (75 ILCS 16/30-40)
22    Sec. 30-40. Organization of board; qualification and oath
23of trustees.
24    (a) Within 74 days after their election or appointment,
25the incumbent and new trustees shall take their oath of office



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1as prescribed by law and meet to organize the board.
2    (b) The first action taken at the meeting shall be the
3election of a president, a vice-president, a secretary, and a
4treasurer from among the trustees. The secretary shall then
5record the membership of the board. The board may, instead of
6electing a treasurer from among the trustees, by majority vote
7of the board, appoint and fix the compensation of a qualified
8treasurer that is not a trustee of the board.
9    (c) Trustees duly elected or appointed as certified by the
10appropriate election authority or appointing authority shall
11be qualified to serve as trustees under this Act. The required
12oath shall be taken and subscribed before a notary public or
13the secretary of the board.
14    (d) Within 60 days after the organization of the board,
15the secretary shall file, with the county clerk of the county
16containing all or a larger portion of the district and with the
17Illinois State Librarian, a statement listing the names and
18addresses of the trustees and officers and their respective
19terms in office. The secretary shall report a vacancy on the
20board to the county clerk and the State Librarian within 60
21days after it occurs and shall report the filling of a vacancy
22within 60 days after it is filled.
23    (e) The first officers shall serve until the next regular
24election of trustees. Thereafter, officers shall serve for
25terms set by ordinance but not to exceed 2 years, ending on the
26third Monday of the month following each regular election or



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1until their successors are duly elected by the board. A
2vacancy in any office shall be filled by the board for the
3unexpired term under Section 30-25.
4(Source: P.A. 102-977, eff. 5-27-22.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.