AN ACT relating to public library district boards of trustees.

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