Bill Text: IL HB0910 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Illinois Local Library Act. Provides that a proposition for the appointed Aurora Public Library board to be changed to an elected board shall be submitted by referendum to the voters of the City of Aurora either by ordinance of the city council or on the petition of 10% of the number of persons who voted at the last regular election in the City of Aurora. Provides for the nomination, election, and terms of Aurora Public Library board members if the referendum is approved. Creates a process to revert back to an appointed library board after changing to an elected board. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2019-07-26 - Public Act . . . . . . . . . 101-0126 [HB0910 Detail]

Download: Illinois-2019-HB0910-Chaptered.html



Public Act 101-0126
HB0910 EnrolledLRB101 06991 AWJ 52024 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Local Library Act is amended by
adding Section 4-2.5 as follows:
(75 ILCS 5/4-2.5 new)
Sec. 4-2.5. Aurora Public Library; change to elected board
of library trustees.
(a) The Aurora Public Library may change to an elected
board of trustees if approved by referendum following either
item (1) or (2):
(1) The Aurora City Council, by ordinance, requests
that a proposition to have an elected board of library
trustees be submitted to the voters. Upon adoption of the
ordinance, the Aurora City Council shall submit the
ordinance to the Aurora City Clerk.
(2) Upon filing with the Aurora City Clerk of a
petition, subject to the requirements of Section 28-3 of
the Election Code, signed by registered voters of the City
of Aurora equaling not less than 10% of the number of
persons who voted at the last regular election in the City
of Aurora in which the City of Aurora voted as a unit for
the election of officers to serve its respective
territorial area. A petition may be filed at any time.
Upon the Aurora City Clerk's receipt of an ordinance
adopted under item (1) or a petition filed under item (2), the
Clerk shall certify the proposition to the appropriate election
authorities who shall submit the proposition at the next
general primary election in accordance with the general
election law.
(b) The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the trustees of the YES
Aurora Public Library be ---------------
elected, rather than appointed? NO
-------------------------------------------------------------
If a majority of the votes cast on the proposition are in
the affirmative, the trustees of the Aurora Public Library
shall thereafter be elected as provided by this Section. The
Aurora Public Library shall continue to function as a municipal
library in all ways except that the trustees are elected.
(c) After approval of a proposition under subsection (b),
nominations for members of the board of trustees shall be made
by a petition signed by 250 registered voters of the City of
Aurora and shall be filed with the Aurora City Clerk. The
requirements of general election law shall determine the form
of the nominating petition and any other requirements for
nomination.
(d) After approval of a proposition under subsection (b)
and nomination of candidates under subsection (c), one trustee
from each of the City of Aurora's Wards and one at-large
trustee shall be elected at the consolidated election next
following the approval of the proposition under subsection (b).
Except as provided under subsection (e), the length of the
terms of the trustees elected shall be determined by lot at
their first meeting as follows: one-third of the trustees for a
2-year term, a 4-year term, and then a 4-year term; one-third
of the trustees (including the at-large trustee) for a 4-year
term, a 2-year term, and then a 4-year term; and the remaining
trustees for a 4-year term, a 4-year term, and then a 2-year
term. Except as otherwise provided in Section 2A-54 of the
Election Code, the term of each elected trustee shall commence
on the third Monday of the month following the month of the
trustee's election and continue until the trustee's successor
is elected and qualified.
No party designation shall appear on the ballot for
election of trustees. The provisions of the general election
law shall apply to and govern the nomination and election of
trustees.
The Aurora City Clerk shall, within 7 days of filing or on
the last day for filing, whichever is earlier, acknowledge to
the petitioner in writing of the Clerk's acceptance of the
petition.
(e) After each redistricting following each federal
decennial census, the terms of the elected trustees on the
Aurora Public Library's board shall terminate upon the
nomination, election (at the consolidated election next
following redistricting), and qualification of successor
trustees in the manner provided for in subsections (c) and (d).
The terms of the successor trustees shall be determined by lot
at the board's first meeting following redistricting with
trustee terms as provided for in subsection (d).
(f) The provisions of this Act relating to eligibility,
powers, and disabilities of appointed trustees shall apply to
elected trustees. The Aurora Public Library shall continue to
function the same except that the trustees are elected.
(g) After the election of trustees under subsection (d),
the appointed trustees shall continue to constitute the board
of trustees until the third Monday of the month following the
month of the first election of trustees. The terms of all
appointed trustees shall expire on the third Monday of the
month following the month of the first election of trustees
under this Section or when all successors have been elected and
have qualified, whichever occurs later.
If the term of an appointed trustee expires or an appointed
trustee's office is vacated before the first election of
trustees, the authority which appointed that trustee shall
appoint a successor to serve until a successor is elected and
has qualified.
(h) If the Aurora Public Library has changed to an elected
rather than an appointed board of trustees under this Section,
then it may, in the manner provided in this subsection, revert
back to an appointed board of trustees.
Upon filing with the Aurora City Clerk of a petition,
subject to the requirements of Section 28-3 of the Election
Code, signed by registered voters of the City of Aurora
equaling not less than 10% of the number of persons who voted
at the election approving the election of trustees under
subsection (b), the Aurora City Clerk shall certify the
proposition to the proper election officials, who shall submit
the proposition to the voters of the municipality at an
election in accordance with the general election law. The
proposition shall be in substantially the following form:
-------------------------------------------------------------
Shall the trustees of the YES
Aurora Public Library be ---------------
appointed, rather than elected? NO
-------------------------------------------------------------
If a majority of the votes cast on the proposition are in
the affirmative, the trustees of the Aurora Public Library
shall thereafter be appointed as provided by this Act. Once an
elected trustee's successor is appointed and qualified, the
elected trustee's term expires. Vacancies shall be filled as
provided in Section 4-4.
Section 99. Effective date. This Act takes effect upon
becoming law.
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