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AN ACT relating to public library district boards of trustees. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 173.490 is amended to read as follows: 3
(1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a 4
term of two (2) years, one-third (1/3) for a term of three (3) years and one-5
third (1/3) for a term of four (4) years. Where the board consists of a number 6
of members not divisible by three (3), one-third (1/3) of the next higher 7
number divisible by three (3), shall serve for a term of two (2) years, one-third 8
(1/3) for a term of three (3) years, and the remaining number shall serve for a 9
term of four (4) years. Thereafter, as their terms expire, the board shall make 10
recommendations on their successors, who shall be appointed as set out in 11
paragraph (b) of this subsection. 12
(b) The board shall recommend one (1) person[two (2) persons] committed to the 13
provision of library services to [the Department for Libraries and Archives for 14
each vacancy. The names shall be forwarded to the Department for Libraries 15
and Archives and the state librarian and commissioner shall recommend those 16
names to ]the county judge/executive for each vacancy. The county 17
judge/executive[ shall immediately, with the approval of the fiscal court, 18
make the selection from those recommended unless the fiscal court has 19
adopted an alternative appointment process through the passage of a 20
resolution. For fiscal courts that adopt an alternative appointment process, the 21
county judge/executive]: 22
1.[ a.] May immediately, with the approval of the fiscal court, make the 23
selection from the name[those] recommended by the board[state 24
librarian and commissioner]; or[and] 25
[b. For any appointments the county judge/executive decides not to 26
fill from the first recommendations, shall request the Department 27 UNOFFICIAL COPY 25 RS SB 71/GA
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for Libraries and Archives to submit within thirty (30) days two 1
(2) additional recommended persons for each unfilled 2
appointment, and, with the approval of the fiscal court, may make 3
the selection from those recommendations; and] 4
2. Shall, if he or she determines that the person recommended by the 5
board is unacceptable,[For any remaining unfilled appointments after 6
the provisions of subparagraph 1. of this paragraph have been followed, 7
shall] appoint, with the approval of the fiscal court, individuals of his or 8
her choosing no earlier[later] than thirty (30) days and no later than 9
sixty (60) days after the day the county judge/executive received the 10
recommendation[recommendations] under subparagraph 1.[.b.] of this 11
paragraph and made no appointment therefrom.[ The county 12
judge/executive shall notify the Department for Libraries and Archives 13
of the name of any individual appointed in the manner set out in this 14
subparagraph.] 15
(c) Board members [thus appointed ]shall serve a term of four (4) years each, 16
and[. Trustees] may serve for two (2) consecutive terms after which they shall 17
not succeed themselves. They may be reappointed no earlier than twelve (12) 18
months following the end of their last service. The members shall hold office 19
until their respective successors are appointed and qualified. After absence of 20
a trustee from four (4) regular monthly meetings of the board during any one 21
(1) year of the trustee's term, the trustee shall be considered to have 22
automatically resigned from the board. An advisory board may be appointed 23
and serve as specified in the bylaws of the board of trustees. 24
(2) Any vacancy occurring in the terms of office of members shall be filled for the 25
unexpired term by the county judge/executive, with the approval of the fiscal 26
court.[, by appointment on recommendation of the state librarian and commissioner 27 UNOFFICIAL COPY 25 RS SB 71/GA
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of two (2) names of persons committed to the provision of library services and 1
living in the county in which the vacancy occurred unless the fiscal court has 2
adopted an alternative appointment process through the passage of a resolution. For 3
fiscal courts that adopt an alternative appointment process,] The county 4
judge/executive: 5
(a) [1. ]May immediately, with the approval of the fiscal court, make the 6
appointment on the recommendation of the board[state librarian and 7
commissioner] of the name of one (1) person [two (2) names of 8
persons] committed to the provision of library services and living in the 9
county in which the vacancy occurred; or[and 10
2. If the county judge/executive decides not to make the appointment from 11
the first recommendations, shall request the Department for Libraries 12
and Archives to submit within thirty (30) days two (2) additional 13
recommended persons for the unfilled appointment, and, with the 14
approval of the fiscal court, may make the selection from those 15
recommendations; and] 16
(b) Shall, if he or she determines that the person recommended by the board is 17
unacceptable,[For any remaining unfilled appointment after the provisions of 18
paragraph (a) of this subsection have been followed, shall] appoint, with the 19
approval of the fiscal court, an individual of his or her choosing no 20
earlier[later] than thirty (30) days and no later than sixty (60) days after the 21
day the county judge/executive received the 22
recommendation[recommendations] under paragraph (a)[2.] of this 23
subsection and made no appointment therefrom. Any person appointed in 24
accordance with this paragraph shall be committed to the provision of library 25
services and living in the county in which the vacancy occurred.[ The county 26
judge/executive shall notify the Department for Libraries and Archives of the 27 UNOFFICIAL COPY 25 RS SB 71/GA
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name of any individual appointed in the manner set out in this paragraph.] 1
(3) A member of the board may be removed from office as provided by KRS 65.007. 2
Section 2. KRS 173.730 is amended to read as follows: 3
(1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a 4
term of two (2) years, one-third (1/3) for a term of three (3) years and one-5
third (1/3) for a term of four (4) years. Where the board consists of a number 6
of members not divisible by three (3), one-third (1/3) of the next higher 7
number divisible by three (3), shall serve for a term of two (2) years, one-third 8
(1/3) for a term of three (3) years and the remaining number shall serve for a 9
term of four (4) years. Thereafter, as their terms expire, the board shall make 10
recommendations on their successors, who shall be appointed as set out in 11
paragraph (b) of this subsection. 12
(b) The board shall recommend one (1) person[two (2) persons] committed to the 13
provision of library services to [the Department for Libraries and Archives, 14
for each vacancy. The state librarian and commissioner shall recommend 15
those names to ]the county judge/executive for each vacancy. The county 16
judge/executive[ shall immediately, with the approval of the fiscal court, 17
make the selection from those recommended unless the fiscal court has 18
adopted an alternative appointment process through the passage of a 19
resolution. For fiscal courts that adopt an alternative appointment process, the 20
county judge/executive]: 21
1. [a. ]May immediately, with the approval of the fiscal court, make the 22
selection from the name[those] recommended by the board[state 23
librarian and commissioner]; or[and] 24
[b. For any appointments the county judge/executive decides not to 25
fill from the first recommendations, shall request the Department 26
for Libraries and Archives to submit within thirty (30) days two 27 UNOFFICIAL COPY 25 RS SB 71/GA
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(2) additional recommended persons for each unfilled 1
appointment, and, with the approval of the fiscal court, may make 2
the selection from those recommendations; and] 3
2. Shall, if he or she determines that the person recommended by the 4
board is unacceptable,[For any remaining unfilled appointments after 5
the provisions of subparagraph 1. of this paragraph have been followed, 6
shall] appoint, with the approval of the fiscal court, individuals of his or 7
her choosing no earlier[later] than thirty (30) days and no later than 8
sixty (60) days after the day the county judge/executive received the 9
recommendation[recommendations] under [of] subparagraph 1.[.b.] of 10
this paragraph and made no appointment therefrom.[ The county 11
judge/executive shall notify the Department for Libraries and Archives 12
of the name of any individual appointed in the manner set out in this 13
subparagraph.] 14
(c) Board members [thus appointed ]shall serve a term of four (4) years each, 15
and[. Trustees] may serve for two (2) consecutive terms after which they shall 16
not succeed themselves. They may be reappointed no earlier than twelve (12) 17
months following the end of their last service. The members shall hold office 18
until their respective successors are appointed and qualified. After absence of 19
a trustee from four (4) regular monthly meetings of the board during any one 20
(1) year of the trustee's term, the trustee shall be considered to have 21
automatically resigned from the board. An advisory board may be appointed 22
and serve as specified in bylaws of the board of trustees. 23
(2) Any vacancy occurring in the terms of office of members shall be filled for the 24
unexpired term by the county judge/executive, with the approval of the fiscal 25
court.[, by appointment on recommendation of the state librarian and commissioner 26
of two (2) persons interested in the provision of library services and living in the 27 UNOFFICIAL COPY 25 RS SB 71/GA
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county in which the vacancy occurred unless the fiscal court has adopted an 1
alternative appointment process through the passage of a resolution. For fiscal 2
courts that adopt an alternative appointment process,] The county judge/executive: 3
(a) [1. ]May immediately, with the approval of the fiscal court, make the 4
appointment on the recommendation of the board[state librarian and 5
commissioner] of one (1) person[two (2) persons] interested in the 6
provision of library services and living in the county in which the 7
vacancy occurred; or[and 8
2. If the county judge/executive decides not to make the appointment from 9
the first recommendations, shall request the Department for Libraries 10
and Archives to submit within thirty (30) days two (2) additional 11
recommended persons for the unfilled appointment, and, with the 12
approval of the fiscal court, may make the selection from those 13
recommendations; and] 14
(b) Shall, if he or she determines that the person recommended by the board is 15
unacceptable,[ For any remaining unfilled appointment after the provisions of 16
paragraph (a) of this subsection have been followed,] appoint, with the 17
approval of the fiscal court, an individual of his or her choosing no 18
earlier[later] than thirty (30) days and no later than sixty (60) days after the 19
day the county judge/executive received the 20
recommendation[recommendations] under paragraph (a)[2.] of this 21
subsection and made no appointment therefrom. Any person appointed in 22
accordance with this paragraph shall be committed to the provision of library 23
services and living in the county in which the vacancy occurred.[ The county 24
judge/executive shall notify the Department for Libraries and Archives of the 25
name of any individual appointed in the manner set out in this paragraph.] 26
(3) A member of the board may be removed from office as provided by KRS 65.007. 27