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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 4
a 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, members shall be 10
appointed by the county judge/executive with the approval of the fiscal 11
court. Any person appointed shall be[the board shall make recommendations 12
on their successors, who shall be appointed as set out in paragraph (b) of this 13
subsection. 14
(b) The board shall recommend two (2) persons] committed to the provision 15
of library services and shall reside in the county in which the open 16
position occurred[to the Department for Libraries and Archives for each 17
vacancy. The names shall be forwarded to the Department for Libraries 18
and Archives and the state librarian and commissioner shall recommend 19
those names to the county judge/executive. The county judge/executive 20
shall immediately, with the approval of the fiscal court, make the 21
selection from those recommended unless the fiscal court has adopted an 22
alternative appointment process through the passage of a resolution. For 23
fiscal courts that adopt an alternative appointment process, the county 24
judge/executive: 25
1. a. May immediately, with the approval of the fiscal court, make the 26
selection from those recommended by the state librarian and 27 UNOFFICIAL COPY 25 RS BR 264
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commissioner; and 1
b. For any appointments the county judge/executive decides not to fill from 2
the first recommendations, shall request the Department for Libraries 3
and Archives to submit within thirty (30) days two (2) additional 4
recommended persons for each unfilled appointment, and, with the 5
approval of the fiscal court, may make the selection from those 6
recommendations; and 7
2. For any remaining unfilled appointments after the provisions of 8
subparagraph 1. of this paragraph have been followed, shall appoint, 9
with the approval of the fiscal court, individuals of his or her choosing 10
no later than thirty (30) days after the day the county judge/executive 11
received the recommendations under subparagraph 1.b. of this paragraph 12
and made no appointment therefrom. The county judge/executive shall 13
notify the Department for Libraries and Archives of the name of any 14
individual appointed in the manner set out in this subparagraph]. 15
(b)[(c)] Board members[ thus appointed] shall serve a term of four (4) years 16
each, and[. Trustees] may serve for two (2) consecutive terms after which 17
they shall not succeed themselves. They may be reappointed no earlier than 18
twelve (12) months following the end of their last service. The members shall 19
hold office until their respective successors are appointed and qualified. After 20
absence of a trustee from four (4) regular monthly meetings of the board 21
during any one (1) year of the trustee's term, the trustee shall be considered to 22
have automatically resigned from the board. An advisory board may be 23
appointed 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 BR 264
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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 state librarian and 7
commissioner of two (2) names of persons committed to the provision 8
of library services and living in the county in which the vacancy 9
occurred; 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) For any remaining unfilled appointment after the provisions of paragraph (a) 17
of this subsection have been followed, shall appoint, with the approval of the 18
fiscal court, an individual of his or her choosing no later than thirty (30) days 19
after the day the county judge/executive received the recommendations under 20
paragraph (a)2. of this subsection and made no appointment therefrom]. Any 21
person appointed in accordance with this subsection[paragraph] shall be 22
committed to the provision of library services and living in the county in 23
which the vacancy occurred.[ The county judge/executive shall notify the 24
Department for Libraries and Archives of the name of any individual 25
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 UNOFFICIAL COPY 25 RS BR 264
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Section 2. KRS 173.730 is amended to read as follows: 1
(1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a 2
term of two (2) years, one-third (1/3) for a term of three (3) years and one-3
third (1/3) for a term of four (4) years. Where the board consists of a number 4
of members not divisible by three (3), one-third (1/3) of the next higher 5
number divisible by three (3), shall serve for a term of two (2) years, one-third 6
(1/3) for a term of three (3) years and the remaining number shall serve for a 7
term of four (4) years. Thereafter, as[ their] terms expire, members shall be 8
appointed by the county judge/executive, with the approval of the fiscal 9
court. Any person appointed shall be[ the board shall make recommendations 10
on their successors, who shall be appointed as set out in paragraph (b) of this 11
subsection. 12
(b) The board shall recommend two (2) persons] committed to the provision 13
of library services and shall reside in the county in which the open 14
position occurred[ to the Department for Libraries and Archives, for 15
each vacancy. The state librarian and commissioner shall recommend 16
those names to the county judge/executive. The county judge/executive 17
shall immediately, with the approval of the fiscal court, make the 18
selection from those recommended unless the fiscal court has adopted an 19
alternative appointment process through the passage of a resolution. For 20
fiscal courts that adopt an alternative appointment process, the county 21
judge/executive: 22
1. a. May immediately, with the approval of the fiscal court, make the 23
selection from those recommended by the state librarian and 24
commissioner; and 25
b. For any appointments the county judge/executive decides not to fill from 26
the first recommendations, shall request the Department for Libraries 27 UNOFFICIAL COPY 25 RS BR 264
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and Archives to submit within thirty (30) days two (2) additional 1
recommended persons for each unfilled appointment, and, with the 2
approval of the fiscal court, may make the selection from those 3
recommendations; and 4
2. For any remaining unfilled appointments after the provisions of 5
subparagraph 1. of this paragraph have been followed, shall appoint, 6
with the approval of the fiscal court, individuals of his or her choosing 7
no later than thirty (30) days after the day the county judge/executive 8
received the recommendations under of subparagraph 1.b. of this 9
paragraph and made no appointment therefrom. The county 10
judge/executive shall notify the Department for Libraries and Archives 11
of the name of any individual appointed in the manner set out in this 12
subparagraph]. 13
(b)[(c)] Board members[ thus appointed] shall serve a term of four (4) years 14
each, and[. Trustees] may serve for two (2) consecutive terms after which 15
they shall not succeed themselves. They may be reappointed no earlier than 16
twelve (12) months following the end of their last service. The members shall 17
hold office until their respective successors are appointed and qualified. After 18
absence of a trustee from four (4) regular monthly meetings of the board 19
during any one (1) year of the trustee's term, the trustee shall be considered to 20
have automatically resigned from the board. An advisory board may be 21
appointed and serve as specified in bylaws of the board of trustees. 22
(2) Any vacancy occurring in the terms of office of members shall be filled for the 23
unexpired term by the county judge/executive[,] with the approval of the fiscal 24
court[, by appointment on recommendation of the state librarian and commissioner 25
of two (2) persons interested in the provision of library services and living in the 26
county in which the vacancy occurred unless the fiscal court has adopted an 27 UNOFFICIAL COPY 25 RS BR 264
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alternative appointment process through the passage of a resolution. For fiscal 1
courts that adopt an alternative appointment process, the county judge/executive: 2
(a) 1. May immediately, with the approval of the fiscal court, make the 3
appointment on the recommendation of the state librarian and 4
commissioner of two (2) persons interested in the provision of library 5
services and living in the county in which the vacancy occurred; and 6
2. If the county judge/executive decides not to make the appointment from 7
the first recommendations, shall request the Department for Libraries 8
and Archives to submit within thirty (30) days two (2) additional 9
recommended persons for the unfilled appointment, and, with the 10
approval of the fiscal court, may make the selection from those 11
recommendations; and 12
(b) For any remaining unfilled appointment after the provisions of paragraph (a) 13
of this subsection have been followed, appoint, with the approval of the fiscal 14
court, an individual of his or her choosing no later than thirty (30) days after 15
the day the county judge/executive received the recommendations under 16
paragraph (a)2. of this subsection and made no appointment therefrom]. Any 17
person appointed in accordance with this subsection[paragraph] shall be 18
committed to the provision of library services and living in the county in 19
which the vacancy occurred.[ The county judge/executive shall notify the 20
Department for Libraries and Archives of the name of any individual 21
appointed in the manner set out in this paragraph.] 22
(3) A member of the board may be removed from office as provided by KRS 65.007. 23