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| Public Act 096-0227 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-39001 as follows: | ||||
(55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
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Sec. 5-39001. Establishment and use; fee. The county board | ||||
of any
county may establish and maintain a county law library, | ||||
to be located in
any county building or privately or publicly | ||||
owned building at the county
seat of government. The term | ||||
"county building" includes premises leased by
the county from a | ||||
public building commission created under the Public
Building | ||||
Commission Act. After August 2, 1976, the county board of any
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county may establish and maintain a county law library at the | ||||
county seat
of government and, in addition, branch law | ||||
libraries in other locations
within that county as the county | ||||
board deems necessary.
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The facilities of those libraries shall be freely available | ||||
to all
licensed Illinois attorneys, judges, other public | ||||
officers of the county,
and all members of the public, whenever | ||||
the court house is open.
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The expense of establishing and maintaining those | ||||
libraries shall be
borne by the county. To defray that expense, | ||||
in any county having
established a county law library or | ||
libraries, the clerk of all
trial courts located at the county | ||
seat of government shall charge and
collect a county law | ||
library fee of $2, and the county board may
authorize a county | ||
law library fee of not to exceed (i) $18 in 2009, (ii) $19 in | ||
2010, and (iii) $21 in 2011 and thereafter $13,
to be charged | ||
and collected by the clerks of all trial courts located in
the | ||
county.
The fee shall be paid at the time of filing the first | ||
pleading,
paper, or other appearance filed by each party in all | ||
civil cases, but no
additional fee shall be required if more | ||
than one party is represented in a
single pleading, paper, or | ||
other appearance.
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Each clerk shall commence those charges and collections | ||
upon
receipt of written notice from the chairman of the county | ||
board that
the board has acted under this Division to establish | ||
and
maintain a law library.
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The fees shall be in addition to all other fees and charges | ||
of the
clerks, assessable as costs, remitted by the clerks | ||
monthly to the county
treasurer, and retained by the county | ||
treasurer in a special fund
designated as the County Law | ||
Library Fund. Except as otherwise provided in
this paragraph, | ||
disbursements from the fund
shall be by the county treasurer, | ||
on order of a majority of the resident
circuit judges of the | ||
circuit court of the county. In any
county with more than | ||
2,000,000 inhabitants,
the
county board shall
order | ||
disbursements from the fund and the presiding officer of the
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county board, with the advice and consent of the county board, | ||
may
appoint a library committee of not less than 9 members, | ||
who, by majority
vote, may recommend to the county board as to | ||
disbursements of
the fund and the operation of the library. In | ||
single county circuits with
2,000,000 or fewer
inhabitants, | ||
disbursements from the County Law Library Fund shall be made by
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the county treasurer on the order of the chief judge of the | ||
circuit court of
the county. In those single county circuits, | ||
the number of personnel necessary
to
operate and maintain the | ||
county law library shall be set by and those personnel
shall be | ||
appointed
by the chief judge. The county law library personnel | ||
shall serve at the
pleasure
of the appointing authority. The | ||
salaries of those personnel shall be fixed by
the county board | ||
of the county.
Orders shall be
pre-audited, funds shall be | ||
audited by the county auditor, and
a report of the orders and | ||
funds shall be rendered to
the county board and to the judges.
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Fees shall not be charged in any criminal or quasi-criminal
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case, in any matter coming to the clerk on change of venue, or | ||
in
any proceeding to review the decision of any administrative | ||
officer,
agency, or body.
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(Source: P.A. 93-748, eff. 7-15-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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