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Public Act 093-0748
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| HB4370 Enrolled |
LRB093 20768 BDD 46668 b |
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AN ACT concerning counties.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-39001 as follows:
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(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 $13
$10,
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 |
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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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