HB89ENROLLED
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HB89
BXD744J-2
By Representatives Mooney, Carns, DuBose (N & P)
RFD: Shelby County Legislation
First Read: 06-Feb-24
PFD: 05-Feb-24
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PFD: 05-Feb-24
Enrolled, An Act,
Relating to Shelby County; to amend Section 9 of Act
88-258 of the 1988 Regular Session (Acts 1988, p. 393), as
last amended by Act 2000-358 of the 2000 Regular Session (Acts
2000, p. 557), authorizing public library districts, to
further provide for the election of the library board.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Relating to Shelby County; to amend Section
9 of Act 88-258 of the 1988 Regular Session (Acts 1988, p.
393), as last amended by Act 2000-358 of the 2000 Regular
Session (Acts 2000, p. 557), authorizing public library
districts, to further provide for the election of the library
board.
"Section 9. (a) The affairs and business of the
district shall be managed by a library board consisting of
five members who shall be elected by the qualified electors
residing in the district . The current board members on the
effective date of this amendatory act elected at the general
election in November 1996, shall serve until October 1, 2000,
and the current board members elected at the general election
in November 1998, shall serve until October 1, 2002, at which
time the new board members elected pursuant to this act
section shall take office. The members of the library board
shall be elected by the members of the Shelby County
legislative delegation representing the geographic area of the
library district or any portion thereof. The election of the
members of the library board shall be certified in writing by
the Shelby County Legislative Delegation in a document filed
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the Shelby County Legislative Delegation in a document filed
with the Judge of Probate of Shelby County. conduct the
elections for board membership on the second Tuesday of
September of every even year, to take office on October 1, of
that year and every four years thereafter . The new board
members shall take office immediately upon election and
qualification as provided in this section.
(b) No person shall be elected to Each member of the
board unless he or she is a person who is shall be a
registered voter residing and shall reside within the
boundaries of the district. A person who desires to run for
the board shall file a notice of candidacy for a place on the
board with the judge of probate on or before July 15 preceding
the election. The person receiving the highest number of votes
for each place shall be the successful candidate. In the event
of a tie vote, the top two candidates will draw lots in the
presence of the judge of probate to determine the winning
candidate. In event that there is only one candidate who
qualifies to run for a place, the judge of probate shall
certify the election of that candidate to that place and no
election for that place shall be held. One member of the board
shall be an owner of commercial property in the district.
(c) Each The initial board members elected by the
Shelby County Legislative Delegation shall serve until
December 31, 2026, or until their successors are elected.
Thereafter, the term of each board member shall be for a term
of four years. Provided, however, that to stagger the terms,
Place No. 1 and Place No. 2 initially shall be elected for a
term of two years, and Places 3, 4, and 5 shall be elected for
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term of two years, and Places 3, 4, and 5 shall be elected for
a term of four years, in the first election held after an
election providing for the formation of a district created
pursuant to this act. The initial election shall be conducted
on the second Tuesday of September of the first even year
after organization.
(d) In the event of a vacancy on a library board, the
place vacant vacancy shall be filled by the majority vote of
the remaining membership of the board for the unexpired term
of the vacant position. A vacancy shall also be deemed to
occur in the event there is a place for which no candidate has
been nominated, and the vacancy for the new term shall be
filled as provided for herein, except that the office holder
whose term has expired shall continue to hold office until the
vacancy is filled. in the same manner as the original
appointment for the unexpired term of the vacant position.
(e) The library board shall elect annually from its own
number a president, a vice president, and a
secretary/treasurer. The members of the board shall not be
entitled to any compensation for their services, but they
shall be entitled to reimbursement for all reasonable expenses
incurred by them in the performance of their duties. A quorum
of the board shall consist of three members and a quorum shall
be present in order for the board to transact business. The
board may adopt rules , regulations, and by-laws to further
provide for the operation of the district.
(f) The board shall maintain a complete record of the
proceedings of its meetings and shall require the director of
the library to maintain a detailed record of the receipts and
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the library to maintain a detailed record of the receipts and
disbursements of all library funds."
Section 2. This act shall become effective June 1,
2024.
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2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 02-Apr-24.
John Treadwell
Clerk
Senate 16-Apr-24 Passed
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