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| 1 | AMENDMENT TO HOUSE BILL 5558 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5558 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 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 board | ||||||
| 8 | of any county may establish and maintain a county law library, | ||||||
| 9 | to be located in any county building or privately or publicly | ||||||
| 10 | owned building at the county seat of government. The term | ||||||
| 11 | "county building" includes premises leased by the county from | ||||||
| 12 | a public building commission created under the Public Building | ||||||
| 13 | Commission Act. After August 2, 1976, the county board of any | ||||||
| 14 | county may establish and maintain a county law library at the | ||||||
| 15 | county seat of government and, in addition, branch law | ||||||
| 16 | libraries in other locations within that county as the county | ||||||
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| 1 | board deems necessary. | ||||||
| 2 | The facilities of those libraries shall be freely | ||||||
| 3 | available to all licensed Illinois attorneys, judges, other | ||||||
| 4 | public officers of the county, and all members of the public, | ||||||
| 5 | whenever the court house is open, and may include self-help | ||||||
| 6 | centers and other legal assistance programs for the public as | ||||||
| 7 | part of the services it provides on-site and online. Law | ||||||
| 8 | libraries in counties with more than 2,000,000 inhabitants may | ||||||
| 9 | close, even when the court house is open, based on operational | ||||||
| 10 | necessity or as determined by the county board. | ||||||
| 11 | The expense of establishing and maintaining those | ||||||
| 12 | libraries shall be borne by the county. To defray that | ||||||
| 13 | expense, including the expense of any attendant self-help | ||||||
| 14 | centers and legal assistance programs, in any county having | ||||||
| 15 | established a county law library or libraries, the clerk of | ||||||
| 16 | all trial courts located at the county seat of government | ||||||
| 17 | shall charge and collect a county law library fee of $2, and | ||||||
| 18 | the county board may authorize a county law library fee of not | ||||||
| 19 | to exceed $21 through December 31, 2021 and $20 on and after | ||||||
| 20 | January 1, 2022, to be charged and collected by the clerks of | ||||||
| 21 | all trial courts located in the county. The fee shall be paid | ||||||
| 22 | at the time of filing the first pleading, paper, or other | ||||||
| 23 | appearance filed by each party in all civil cases, but no | ||||||
| 24 | additional fee shall be required if more than one party is | ||||||
| 25 | represented in a single pleading, paper, or other appearance. | ||||||
| 26 | Each clerk shall commence those charges and collections | ||||||
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| 1 | upon receipt of written notice from the chairman of the county | ||||||
| 2 | board that the board has acted under this Division to | ||||||
| 3 | establish and maintain a law library. | ||||||
| 4 | The fees shall be in addition to all other fees and charges | ||||||
| 5 | of the clerks, assessable as costs, remitted by the clerks | ||||||
| 6 | monthly to the county treasurer or other appropriate county | ||||||
| 7 | office, and retained by the county treasurer in a special fund | ||||||
| 8 | designated as the County Law Library Fund. Except as otherwise | ||||||
| 9 | provided in this paragraph, disbursements from the fund shall | ||||||
| 10 | be made by the county treasurer, on order of a majority of the | ||||||
| 11 | resident circuit judges of the circuit court of the county. In | ||||||
| 12 | any county with more than 2,000,000 inhabitants, the county | ||||||
| 13 | board shall order disbursements from the fund and the | ||||||
| 14 | presiding officer of the county board, with the advice and | ||||||
| 15 | consent of the county board, may appoint a library committee | ||||||
| 16 | of not less than 9 members, who, by majority vote, may | ||||||
| 17 | recommend to the county board as to disbursements of the fund | ||||||
| 18 | and the operation of the library. In single county circuits | ||||||
| 19 | with 2,000,000 or fewer inhabitants, disbursements from the | ||||||
| 20 | County Law Library Fund shall be made by the county treasurer | ||||||
| 21 | on the order of the chief judge of the circuit court of the | ||||||
| 22 | county. In those single county circuits, the number of | ||||||
| 23 | personnel necessary to operate and maintain the county law | ||||||
| 24 | library shall be set by and those personnel shall be appointed | ||||||
| 25 | by the chief judge. The county law library personnel shall | ||||||
| 26 | serve at the pleasure of the appointing authority. The | ||||||
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| 1 | salaries of those personnel shall be fixed by the county board | ||||||
| 2 | of the county. Orders shall be pre-audited, funds shall be | ||||||
| 3 | audited by the county auditor, and a report of the orders and | ||||||
| 4 | funds shall be rendered to the county board and to the judges. | ||||||
| 5 | Fees shall not be charged in any criminal or | ||||||
| 6 | quasi-criminal case, in any matter coming to the clerk on | ||||||
| 7 | change of venue, or in any proceeding to review the decision of | ||||||
| 8 | any administrative officer, agency, or body. | ||||||
| 9 | No moneys distributed from the County Law Library Fund may | ||||||
| 10 | be directly or indirectly used for lobbying activities, as | ||||||
| 11 | defined in Section 2 of the Lobbyist Registration Act or as | ||||||
| 12 | defined in any ordinance or resolution of a municipality, | ||||||
| 13 | county, or other unit of local government in Illinois. | ||||||
| 14 | (Source: P.A. 98-351, eff. 8-15-13; 99-859, eff. 8-19-16.)". | ||||||