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


Sen. Laura M. Murphy

Filed: 11/16/2022





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2    AMENDMENT NO. ______. Amend House Bill 4073, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Public Library District Act of 1991 is
6amended by changing Sections 30-25 and 30-40 as follows:
7    (75 ILCS 16/30-25)
8    Sec. 30-25. Vacancies.
9    (a) Vacancies shall be declared in the office of trustee
10by the board when an elected or appointed trustee (i)
11declines, fails, or is unable to serve, (ii) becomes a
12nonresident of the district, (iii) is convicted of a
13misdemeanor by failing, neglecting, or refusing to discharge
14any duty imposed upon him or her by this Act, or (iv) has
15failed to pay the library taxes levied by the district.
16Absence without cause from all regular board meetings for a



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1period of one year shall be a basis for declaring a vacancy.
2    (b) All vacancies shall be filled by appointment by the
3remaining trustees until the next regular library election, at
4which time a trustee shall be elected for the remainder of the
5unexpired term. If, however, the vacancy occurs with less than
628 months remaining in the term, and if the vacancy occurs less
7than 88 days before the next regular scheduled election for
8this office, then the person so appointed shall serve the
9remainder of the unexpired term and no election to fill the
10vacancy shall be held. If the vacancy is in the office of a
11trustee of a library district with an appointed board, the
12vacancy shall be filled by appointment by the remaining
13trustees. Vacancies shall be filled within 90 days after a
14vacancy has been declared. If the trustees fail to appoint a
15new member within 90 days after a vacancy has been declared,
16the State Librarian shall appoint an individual to fill the
17vacancy within 60 days after the trustees have failed to fill
18the vacancy. If the State Librarian fails to fill the vacancy
19within the 60 days after the trustees have failed to fill the
20vacancy, the vacancy shall be filled at the next regularly
21scheduled election. Notwithstanding any other provision of
22this Section, if a vacancy occurred prior to May 27, 2022 and
23that vacancy has not been filled by the trustees before the
24effective date of this amendatory Act of the 102nd General
25Assembly, the State Librarian shall fill the vacancy within 60
26days after the effective date of this amendatory Act of the



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1102nd General Assembly.
2(Source: P.A. 102-977, eff. 5-27-22.)
3    (75 ILCS 16/30-40)
4    Sec. 30-40. Organization of board; qualification and oath
5of trustees.
6    (a) Within 74 days after their election or appointment,
7the incumbent and new trustees shall take their oath of office
8as prescribed by law and meet to organize the board.
9    (b) The first action taken at the meeting shall be the
10election of a president, a vice-president, a secretary, and a
11treasurer from among the trustees. The secretary shall then
12record the membership of the board. The board may, instead of
13electing a treasurer from among the trustees, by majority vote
14of the board, appoint and fix the compensation of a qualified
15treasurer that is not a trustee of the board.
16    (c) Trustees duly elected or appointed as certified by the
17appropriate election authority or appointing authority shall
18be qualified to serve as trustees under this Act. The required
19oath shall be taken and subscribed before a notary public or
20the secretary of the board.
21    (d) Within 60 days after the organization of the board,
22the secretary shall file, with the county clerk of the county
23containing all or a larger portion of the district and with the
24Illinois State Librarian, a statement listing the names and
25addresses of the trustees and officers and their respective



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1terms in office. The secretary shall report a vacancy on the
2board to the county clerk and the State Librarian within 60
3days after it occurs and shall report the filling of a vacancy
4within 60 days after it is filled.
5    (e) The first officers shall serve until the next regular
6election of trustees. Thereafter, officers shall serve for
7terms set by ordinance but not to exceed 2 years, ending on the
8third Monday of the month following each regular election or
9until their successors are duly elected by the board. A
10vacancy in any office shall be filled by the board for the
11unexpired term under Section 30-25.
12(Source: P.A. 102-977, eff. 5-27-22.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".