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Public Act 102-0977
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| HB5283 Enrolled | LRB102 25955 AWJ 35343 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 Illinois Local Library Act is amended by |
changing Section 4-4 as follows:
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(75 ILCS 5/4-4) (from Ch. 81, par. 4-4)
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Sec. 4-4.
Vacancies shall be declared in the office of |
trustee by the
board when the elected or appointed trustee |
declines or is unable to
serve, or is absent without cause from |
all regular board meetings for a
period of one year, or is |
convicted of a misdemeanor for failing,
neglecting, or |
refusing to discharge any duty imposed upon a trustee by
this |
Act, or becomes a nonresident of the city, village, |
incorporated town,
or township, or who fails to pay the |
library taxes levied by the
corporate authorities. Vacancies |
shall also be declared in the office of
trustee by the board |
when, at the election of the first board of library
trustees or |
at any subsequent election, there are not sufficient trustees
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elected to fill an entire board of 7 trustees.
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Vacancies in the board of trustees in a city or a village |
under the
commission form of government shall be reported to |
the mayor or
president and be filled in like manner as original |
appointments.
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If a vacancy occurs in the board of trustees in any |
incorporated
town or village (other than a village under the |
commission form of
government) or in any township, the vacancy |
may be filled by the remaining
trustees until the next regular |
library election at which library trustees
are scheduled to be |
elected under the consolidated schedule of elections in
the |
general election law, at which election a trustee shall be |
elected to
fill the vacancy 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
there is a failure to appoint a library |
trustee or a failure to elect a
library trustee, or if the |
person elected or appointed fails to qualify for
office, the |
trustee may continue in office if available and qualified |
until
his successor has been elected or appointed and |
qualified. Vacancies shall
be filled within 90 days after a |
vacancy has been declared forthwith.
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(Source: P.A. 87-424.)
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Section 10. 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 |
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 |
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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 forthwith.
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(Source: P.A. 87-1277.)
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(75 ILCS 16/30-40)
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Sec. 30-40. Organization of board; qualification
and oath |
of trustees.
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(a) Within 74 days after their election or appointment, |
the incumbent
and new trustees shall take their oath of office |
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 |
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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 |
until their successors are duly elected
by the board. A |
vacancy in any office shall be filled by the board for the
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unexpired term.
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(Source: P.A. 93-847, eff. 7-30-04.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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