SB 40

CHAPTER 13  1
  CHAPTER 13
  ( SB 40 )
      AN ACT relating to public library district boards of trustees.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
      Section 1. KRS 173.490 is amended to read as follows:
(1)   (a)   One-third (1/3) of the persons first appointed to the board shall serve for a term of two (2) years, one-
  third (1/3) for a term of three (3) years and one-third (1/3) for a term of four (4) years. Where the board
  consists of a number of members not divisible by three (3), one-third (1/3) of the next higher number
  divisible by three (3), shall serve for a term of two (2) years, one-third (1/3) for a term of three (3)
  years, and the remaining number shall serve for a term of four (4) years. Thereafter, as their terms
  expire, the board shall make recommendations on their successors, who shall be appointed as set out in
  paragraph (b) of this subsection.
      (b)   1.     The board shall recommend two (2) persons committed to the provision of library services to the[
  Department for Libraries and Archives for each vacancy. The names shall be forwarded to the
  Department for Libraries and Archives and the state librarian and commissioner shall
  recommend those names to the] county judge/executive for each vacancy, unless the fiscal
  court has adopted an alternative appointment process through the passage of a resolution as
  set forth in subparagraph 2. of this paragraph. The county judge/executive shall within thirty
  (30) days[immediately], with the approval of the fiscal court, make the selection from those
  recommended unless the fiscal court has adopted an alternative appointment process[ through the
  passage of a resolution]. Within fourteen (14) days, the board shall notify the Department for
  Libraries and Archives of the name of any person appointed.
  2.     For fiscal courts that adopt an alternative appointment process through the passage of a
  resolution, the board shall recommend one (1) person committed to the provision of library
  services to the county judge/executive, who:
  [1.    ]a.     May within thirty (30) days[immediately], with the approval of the fiscal court,
  make the selection from the person recommended by the board[ those recommended by
  the state librarian and commissioner]; or[and]
  b.     Shall, if he or she determines that the person recommended by the board is
  unacceptable,[For any appointments the county judge/executive decides not to fill from
  the first recommendations, shall request the Department for Libraries and Archives to
  submit within thirty (30) days two (2) additional recommended persons for each unfilled
  appointment, and, with the approval of the fiscal court, may make the selection from those
  recommendations; and
  2.     For any remaining unfilled appointments after the provisions of subparagraph 1. of this
  paragraph have been followed, shall] appoint, with the approval of the fiscal court,
  individuals of his or her choosing no later than thirty (30) days after rejecting the board's
  recommendation[day the county judge/executive received the recommendations under
  subparagraph 1.b. of this paragraph and made no appointment therefrom]. The
  board[county judge/executive] shall notify the Department for Libraries and Archives,
  within fourteen (14) days of the appointment, of the name of any individual appointed by
  the alternative appointment process[in the manner set out in this subparagraph].
      (c)   Board members [thus appointed ]shall serve a term of four (4) years each, and[. Trustees] may serve for
  two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no
  earlier than twelve (12) months following the end of their last service. The members shall hold office
  until their respective successors are appointed and qualified. After absence of a trustee from four (4)
  regular monthly meetings of the board during any one (1) year of the trustee's term, the trustee shall be
  considered to have automatically resigned from the board. An advisory board may be appointed and
  serve as specified in the bylaws of the board of trustees.
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2  ACTS OF THE GENERAL ASSEMBLY
(2)   Any vacancy occurring in the terms of office of members shall be filled for the unexpired term by the county
      judge/executive, with the approval of the fiscal court, by appointment on recommendation of the board[state
      librarian and commissioner] of two (2)[ names of] persons committed to the provision of library services and
      living in the county in which the vacancy occurred unless the fiscal court has adopted an alternative
      appointment process through the passage of a resolution. For fiscal courts that adopt an alternative
      appointment process, the board shall recommend one (1) person committed to the provision of library
      services and living in the county to the county judge/executive, who:
      (a)   [1.     ]May within thirty (30) days[immediately], with the approval of the fiscal court, appoint the
  person recommended by the board[ make the appointment on the recommendation of the state
  librarian and commissioner of two (2) names of persons committed to the provision of library services
  and living in the county in which the vacancy occurred]; or[and
  2.     If the county judge/executive decides not to make the appointment from the first
  recommendations, shall request the Department for Libraries and Archives to submit within
  thirty (30) days two (2) additional recommended persons for the unfilled appointment, and, with
  the approval of the fiscal court, may make the selection from those recommendations; and]
      (b)   Shall, if he or she determines that the person recommended by the board is unacceptable,[For any
  remaining unfilled appointment after the provisions of paragraph (a) of this subsection have been
  followed, shall] appoint, with the approval of the fiscal court, an individual of his or her choosing no
  later than thirty (30) days after rejecting the board's recommendation[day the county judge/executive
  received the recommendations under paragraph (a)2. of this subsection and made no appointment
  therefrom]. Any person appointed in accordance with this subsection[paragraph] shall be committed to
  the provision of library services and living in the county in which the vacancy occurred. The
  board[county judge/executive] shall notify the Department for Libraries and Archives, within fourteen
  (14) days of the appointment, of the name of any individual appointed in the manner set out in this
  subsection[paragraph].
(3)   A member of the board may be removed from office as provided by KRS 65.007.
(4)   Any person appointed to the board shall be committed to the provision of library services and living in the
      county in which the board operates.
      Section 2. KRS 173.730 is amended to read as follows:
(1)   (a)   One-third (1/3) of the persons first appointed to the board shall serve for a term of two (2) years, one-
  third (1/3) for a term of three (3) years and one-third (1/3) for a term of four (4) years. Where the board
  consists of a number of members not divisible by three (3), one-third (1/3) of the next higher number
  divisible by three (3), shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years
  and the remaining number shall serve for a term of four (4) years. Thereafter, as their terms expire, the
  board shall make recommendations on their successors, who shall be appointed as set out in paragraph
  (b) of this subsection.
      (b)   1.     The board shall recommend two (2) persons committed to the provision of library services to the[
  Department for Libraries and Archives, for each vacancy. The state librarian and commissioner
  shall recommend those names to the] county judge/executive for each vacancy, unless the fiscal
  court has adopted an alternative appointment process through the passage of a resolution as
  set forth in this paragraph. The county judge/executive shall within thirty (30)
  days[immediately], with the approval of the fiscal court, make the selection from those
  recommended unless the fiscal court has adopted an alternative appointment process[ through the
  passage of a resolution]. Within fourteen (14) days, the board shall notify the Department for
  Libraries and Archives of the name of any person appointed.
  2.     For fiscal courts that adopt an alternative appointment process through the passage of a
  resolution, the board shall recommend one (1) person committed to the provision of library
  services to the county judge/executive, who:
  [1.    ]a.     May within thirty (30) days[immediately], with the approval of the fiscal court,
  make the selection from the person recommended by the board[those recommended by
  the state librarian and commissioner]; or[and]
  b.     Shall, if he or she determines that the person recommended by the board is
  unacceptable,[For any appointments the county judge/executive decides not to fill from
  CHAPTER 13  3
  the first recommendations, shall request the Department for Libraries and Archives to
  submit within thirty (30) days two (2) additional recommended persons for each unfilled
  appointment, and, with the approval of the fiscal court, may make the selection from those
  recommendations; and
  2.     For any remaining unfilled appointments after the provisions of subparagraph 1. of this
  paragraph have been followed, shall] appoint, with the approval of the fiscal court,
  individuals of his or her choosing no later than thirty (30) days after rejecting the board's
  recommendation[day the county judge/executive received the recommendations under of
  subparagraph 1.b. of this paragraph and made no appointment therefrom]. The
  board[county judge/executive] shall notify the Department for Libraries and Archives,
  within fourteen (14) days of the appointment, of the name of any individual appointed by
  the alternative appointment process[in the manner set out in this subparagraph].
      (c)   Board members [thus appointed ]shall serve a term of four (4) years each, and[. Trustees] may serve for
  two (2) consecutive terms after which they shall not succeed themselves. They may be reappointed no
  earlier than twelve (12) months following the end of their last service. The members shall hold office
  until their respective successors are appointed and qualified. After absence of a trustee from four (4)
  regular monthly meetings of the board during any one (1) year of the trustee's term, the trustee shall be
  considered to have automatically resigned from the board. An advisory board may be appointed and
  serve as specified in bylaws of the board of trustees.
(2)   Any vacancy occurring in the terms of office of members shall be filled for the unexpired term by the county
      judge/executive, with the approval of the fiscal court, by appointment on recommendation of the board[state
      librarian and commissioner] of two (2) persons interested in the provision of library services and living in the
      county in which the vacancy occurred unless the fiscal court has adopted an alternative appointment process
      through the passage of a resolution. For fiscal courts that adopt an alternative appointment process, the board
      shall recommend one (1) person committed to the provision of library services and living in the county to
      the county judge/executive, who:
      (a)   [1.   ]May within thirty (30) days[immediately], with the approval of the fiscal court, appoint the
  person recommended by the board[make the appointment on the recommendation of the state librarian
  and commissioner of two (2) persons interested in the provision of library services and living in the
  county in which the vacancy occurred]; or[and
  2.     If the county judge/executive decides not to make the appointment from the first
  recommendations, shall request the Department for Libraries and Archives to submit within
  thirty (30) days two (2) additional recommended persons for the unfilled appointment, and, with
  the approval of the fiscal court, may make the selection from those recommendations; and]
      (b)   Shall, if he or she determines that the person recommended by the board is unacceptable,[For any
  remaining unfilled appointment after the provisions of paragraph (a) of this subsection have been
  followed,] appoint, with the approval of the fiscal court, an individual of his or her choosing no later
  than thirty (30) days after rejecting the board's recommendation[day the county judge/executive
  received the recommendations under paragraph (a)2. of this subsection and made no appointment
  therefrom]. Any person appointed in accordance with this subsection[paragraph] shall be committed to
  the provision of library services and living in the county in which the vacancy occurred. The
  board[county judge/executive] shall notify the Department for Libraries and Archives, within fourteen
  (14) days of the appointment, of the name of any individual appointed in the manner set out in this
  subsection[paragraph].
(3)   A member of the board may be removed from office as provided by KRS 65.007.
(4)   Any person appointed to the board shall be committed to the provision of library services and living in the
      county in which the board operates.
  Became law without Governor's signature April 2, 2026.
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