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92_HB0215
LRB9201788TAtm
1 AN ACT concerning counties.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-39001 as follows:
6 (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
7 Sec. 5-39001. Establishment and use; fee. The county
8 board of any county may establish and maintain a county law
9 library, to be located in any county building or privately or
10 publicly owned building at the county seat of government.
11 The term "county building" includes premises leased by the
12 county from a public building commission created under the
13 Public Building Commission Act. After August 2, 1976, the
14 county board of any county may establish and maintain a
15 county law library at the county seat of government and, in
16 addition, branch law libraries in other locations within
17 that county as the county board deems necessary.
18 The facilities of those libraries shall be freely
19 available to all licensed Illinois attorneys, judges, other
20 public officers of the county, and all members of the public,
21 whenever the court house is open.
22 The expense of establishing and maintaining those
23 libraries shall be borne by the county. To defray that
24 expense, in any county having established a county law
25 library or libraries, the clerk of all trial courts located
26 at the county seat of government shall charge and collect a
27 county law library fee of $2, and the county board may
28 authorize a county law library fee of not to exceed $25 $10,
29 to be charged and collected by the clerks of all trial courts
30 located in the county. The fee shall be paid at the time of
31 filing the first pleading, paper, or other appearance filed
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1 by each party in all civil cases, but no additional fee shall
2 be required if more than one party is represented in a single
3 pleading, paper, or other appearance.
4 Each clerk shall commence those charges and collections
5 upon receipt of written notice from the chairman of the
6 county board that the board has acted under this Division to
7 establish and maintain a law library.
8 The fees shall be in addition to all other fees and
9 charges of the clerks, assessable as costs, remitted by the
10 clerks monthly to the county treasurer, and retained by the
11 county treasurer in a special fund designated as the County
12 Law Library Fund. Except as otherwise provided in this
13 paragraph, disbursements from the fund shall be by the county
14 treasurer, on order of a majority of the resident circuit
15 judges of the circuit court of the county. In any county with
16 more than 2,000,000 inhabitants, the county board shall order
17 disbursements from the fund and the presiding officer of the
18 county board, with the advice and consent of the county
19 board, may appoint a library committee of not less than 9
20 members, who, by majority vote, may recommend to the county
21 board as to disbursements of the fund and the operation of
22 the library. In single county circuits with 2,000,000 or
23 fewer inhabitants, disbursements from the County Law Library
24 Fund shall be made by the county treasurer on the order of
25 the chief judge of the circuit court of the county. In those
26 single county circuits, the number of personnel necessary to
27 operate and maintain the county law library shall be set by
28 and those personnel shall be appointed by the chief judge.
29 The county law library personnel shall serve at the pleasure
30 of the appointing authority. The salaries of those personnel
31 shall be fixed by the county board of the county. Orders
32 shall be pre-audited, funds shall be audited by the county
33 auditor, and a report of the orders and funds shall be
34 rendered to the county board and to the judges.
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1 Fees shall not be charged in any criminal or
2 quasi-criminal case, in any matter coming to the clerk on
3 change of venue, or in any proceeding to review the decision
4 of any administrative officer, agency, or body.
5 (Source: P.A. 90-92, eff. 1-1-98; 90-589, eff. 6-5-98.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.