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Kentucky General Assembly· SB 40became law without Governor's Signature (Acts Ch. 13)

An act relating to public library district boards of trustees., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                                 26 RS SB 40/GA

1   AN ACT relating to public library district boards of trustees.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 173.490 is amended to read as follows:

4 (1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a

5   term of two (2) years, one-third (1/3) for a term of three (3) years and one-

6   third (1/3) for a term of four (4) years. Where the board consists of a number

7   of members not divisible by three (3), one-third (1/3) of the next higher

8   number divisible by three (3), shall serve for a term of two (2) years, one-third

9   (1/3) for a term of three (3) years, and the remaining number shall serve for a

10  term of four (4) years. Thereafter, as their terms expire, the board shall make

11  recommendations on their successors, who shall be appointed as set out in

12  paragraph (b) of this subsection.

13  (b) 1. The board shall recommend two (2) persons committed to the provision

14  of library services to the[ Department for Libraries and Archives for

15  each vacancy. The names shall be forwarded to the Department for

16  Libraries and Archives and the state librarian and commissioner shall

17  recommend those names to the] county judge/executive for each

18  vacancy, unless the fiscal court has adopted an alternative

19  appointment process through the passage of a resolution as set forth

20  in subparagraph 2. of this paragraph. The county judge/executive shall

21  within thirty (30) days[immediately], with the approval of the fiscal

22  court, make the selection from those recommended unless the fiscal

23  court has adopted an alternative appointment process[ through the

24  passage of a resolution]. Within fourteen (14) days, the board shall

25  notify the Department for Libraries and Archives of the name of any

26  person appointed.

27  2. For fiscal courts that adopt an alternative appointment process through

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    UNOFFICIAL COPY                                                        26 RS SB 40/GA

1   the passage of a resolution, the board shall recommend one (1) person

2   committed to the provision of library services to the county

3   judge/executive, who:

4   [1. ]a. May within thirty (30) days[immediately], with the approval

5                    of the fiscal court, make the selection from the person

6                    recommended by the board[ those recommended by the state

7                    librarian and commissioner]; or[and]

8   b. Shall, if he or she determines that the person recommended by

9                    the board is unacceptable,[For any appointments the county

10                   judge/executive decides not to fill from the first recommendations,

11                   shall request the Department for Libraries and Archives to submit

12                   within thirty (30) days two (2) additional recommended persons

13                   for each unfilled appointment, and, with the approval of the fiscal

14                   court, may make the selection from those recommendations; and

15  2. For any remaining unfilled appointments after the provisions of

16                   subparagraph 1. of this paragraph have been followed, shall]

17                   appoint, with the approval of the fiscal court, individuals of his or

18                   her choosing no later than thirty (30) days after rejecting the

19                   board's recommendation[day the county judge/executive received

20                   the recommendations under subparagraph 1.b. of this paragraph

21                   and made no appointment therefrom]. The board[county

22                   judge/executive] shall notify the Department for Libraries and

23                   Archives, within fourteen (14) days of the appointment, of the

24                   name of any individual appointed by the alternative appointment

25                   process[in the manner set out in this subparagraph].

26  (c) Board members [thus appointed ]shall serve a term of four (4) years each,

27  and[. Trustees] may serve for two (2) consecutive terms after which they shall

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    UNOFFICIAL COPY                                                 26 RS SB 40/GA

1   not succeed themselves. They may be reappointed no earlier than twelve (12)

2   months following the end of their last service. The members shall hold office

3   until their respective successors are appointed and qualified. After absence of

4   a trustee from four (4) regular monthly meetings of the board during any one

5   (1) year of the trustee's term, the trustee shall be considered to have

6   automatically resigned from the board. An advisory board may be appointed

7   and serve as specified in the bylaws of the board of trustees.

8 (2) Any vacancy occurring in the terms of office of members shall be filled for the

9   unexpired term by the county judge/executive, with the approval of the fiscal court,

10  by appointment on recommendation of the board[state librarian and commissioner]

11  of two (2)[ names of] persons committed to the provision of library services and

12  living in the county in which the vacancy occurred unless the fiscal court has

13  adopted an alternative appointment process through the passage of a resolution. For

14  fiscal courts that adopt an alternative appointment process, the board shall

15  recommend one (1) person committed to the provision of library services and

16  living in the county to the county judge/executive, who:

17  (a) [1. ]May within thirty (30) days[immediately], with the approval of the

18  fiscal court, appoint the person recommended by the board[ make the

19  appointment on the recommendation of the state librarian and commissioner

20  of two (2) names of persons committed to the provision of library services and

21  living in the county in which the vacancy occurred]; or[and

22  2. If the county judge/executive decides not to make the appointment from

23  the first recommendations, shall request the Department for Libraries

24  and Archives to submit within thirty (30) days two (2) additional

25  recommended persons for the unfilled appointment, and, with the

26  approval of the fiscal court, may make the selection from those

27  recommendations; and]

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    UNOFFICIAL COPY                                                 26 RS SB 40/GA

1   (b) Shall, if he or she determines that the person recommended by the board is

2   unacceptable,[For any remaining unfilled appointment after the provisions of

3   paragraph (a) of this subsection have been followed, shall] appoint, with the

4   approval of the fiscal court, an individual of his or her choosing no later than

5   thirty (30) days after rejecting the board's recommendation[day the county

6   judge/executive received the recommendations under paragraph (a)2. of this

7   subsection and made no appointment therefrom]. Any person appointed in

8   accordance with this subsection[paragraph] shall be committed to the

9   provision of library services and living in the county in which the vacancy

10  occurred. The board[county judge/executive] shall notify the Department for

11  Libraries and Archives, within fourteen (14) days of the appointment, of the

12  name of any individual appointed in the manner set out in this

13  subsection[paragraph].

14 (3) A member of the board may be removed from office as provided by KRS 65.007.

15 (4) Any person appointed to the board shall be committed to the provision of library

16  services and living in the county in which the board operates.

17  Section 2. KRS 173.730 is amended to read as follows:

18 (1) (a) One-third (1/3) of the persons first appointed to the board shall serve for a

19  term of two (2) years, one-third (1/3) for a term of three (3) years and one-

20  third (1/3) for a term of four (4) years. Where the board consists of a number

21  of members not divisible by three (3), one-third (1/3) of the next higher

22  number divisible by three (3), shall serve for a term of two (2) years, one-third

23  (1/3) for a term of three (3) years and the remaining number shall serve for a

24  term of four (4) years. Thereafter, as their terms expire, the board shall make

25  recommendations on their successors, who shall be appointed as set out in

26  paragraph (b) of this subsection.

27  (b) 1. The board shall recommend two (2) persons committed to the provision

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    UNOFFICIAL COPY                                           26 RS SB 40/GA

1   of library services to the[ Department for Libraries and Archives, for

2   each vacancy. The state librarian and commissioner shall recommend

3   those names to the] county judge/executive for each vacancy, unless

4   the fiscal court has adopted an alternative appointment process

5   through the passage of a resolution as set forth in this paragraph. The

6   county judge/executive shall within thirty (30) days[immediately], with

7   the approval of the fiscal court, make the selection from those

8   recommended unless the fiscal court has adopted an alternative

9   appointment process[ through the passage of a resolution]. Within

10  fourteen (14) days, the board shall notify the Department for Libraries

11  and Archives of the name of any person appointed.

12  2. For fiscal courts that adopt an alternative appointment process through

13  the passage of a resolution, the board shall recommend one (1) person

14  committed to the provision of library services to the county

15  judge/executive, who:

16  [1. ]a. May within thirty (30) days[immediately], with the approval

17                   of the fiscal court, make the selection from the person

18                   recommended by the board[those recommended by the state

19                   librarian and commissioner]; or[and]

20  b. Shall, if he or she determines that the person recommended by

21                   the board is unacceptable,[For any appointments the county

22                   judge/executive decides not to fill from the first recommendations,

23                   shall request the Department for Libraries and Archives to submit

24                   within thirty (30) days two (2) additional recommended persons

25                   for each unfilled appointment, and, with the approval of the fiscal

26                   court, may make the selection from those recommendations; and

27  2. For any remaining unfilled appointments after the provisions of

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    UNOFFICIAL COPY                                                        26 RS SB 40/GA

1                    subparagraph 1. of this paragraph have been followed, shall]

2                    appoint, with the approval of the fiscal court, individuals of his or

3                    her choosing no later than thirty (30) days after rejecting the

4                    board's recommendation[day the county judge/executive received

5                    the recommendations under of subparagraph 1.b. of this paragraph

6                    and made no appointment therefrom]. The board[county

7                    judge/executive] shall notify the Department for Libraries and

8                    Archives, within fourteen (14) days of the appointment, of the

9                    name of any individual appointed by the alternative appointment

10                   process[in the manner set out in this subparagraph].

11  (c) Board members [thus appointed ]shall serve a term of four (4) years each,

12  and[. Trustees] may serve for two (2) consecutive terms after which they shall

13  not succeed themselves. They may be reappointed no earlier than twelve (12)

14  months following the end of their last service. The members shall hold office

15  until their respective successors are appointed and qualified. After absence of

16  a trustee from four (4) regular monthly meetings of the board during any one

17  (1) year of the trustee's term, the trustee shall be considered to have

18  automatically resigned from the board. An advisory board may be appointed

19  and serve as specified in bylaws of the board of trustees.

20 (2) Any vacancy occurring in the terms of office of members shall be filled for the

21  unexpired term by the county judge/executive, with the approval of the fiscal court,

22  by appointment on recommendation of the board[state librarian and commissioner]

23  of two (2) persons interested in the provision of library services and living in the

24  county in which the vacancy occurred unless the fiscal court has adopted an

25  alternative appointment process through the passage of a resolution. For fiscal

26  courts that adopt an alternative appointment process, the board shall recommend

27  one (1) person committed to the provision of library services and living in the

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    UNOFFICIAL COPY                                           26 RS SB 40/GA

1   county to the county judge/executive, who:

2   (a) [1. ]May within thirty (30) days[immediately], with the approval of the

3   fiscal court, appoint the person recommended by the board[make the

4   appointment on the recommendation of the state librarian and commissioner

5   of two (2) persons interested in the provision of library services and living in

6   the county in which the vacancy occurred]; or[and

7   2. If the county judge/executive decides not to make the appointment from

8   the first recommendations, shall request the Department for Libraries

9   and Archives to submit within thirty (30) days two (2) additional

10  recommended persons for the unfilled appointment, and, with the

11  approval of the fiscal court, may make the selection from those

12  recommendations; and]

13  (b) Shall, if he or she determines that the person recommended by the board is

14  unacceptable,[For any remaining unfilled appointment after the provisions of

15  paragraph (a) of this subsection have been followed,] appoint, with the

16  approval of the fiscal court, an individual of his or her choosing no later than

17  thirty (30) days after rejecting the board's recommendation[day the county

18  judge/executive received the recommendations under paragraph (a)2. of this

19  subsection and made no appointment therefrom]. Any person appointed in

20  accordance with this subsection[paragraph] shall be committed to the

21  provision of library services and living in the county in which the vacancy

22  occurred. The board[county judge/executive] shall notify the Department for

23  Libraries and Archives, within fourteen (14) days of the appointment, of the

24  name of any individual appointed in the manner set out in this

25  subsection[paragraph].

26 (3) A member of the board may be removed from office as provided by KRS 65.007.

27 (4) Any person appointed to the board shall be committed to the provision of library

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   UNOFFICIAL COPY                                                 26 RS SB 40/GA

1  services and living in the county in which the board operates.

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