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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4370
Introduced 02/03/04, by Mark H. Beaubien Jr. SYNOPSIS AS INTRODUCED:
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55 ILCS 5/5-39001 |
from Ch. 34, par. 5-39001 |
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Amends the Counties Code. Provides that a county board may authorize the
clerk of the circuit court to charge litigants in civil cases a county law
library
fee not to exceed $13 (now, not to exceed $10). Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4370 |
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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, |
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section |
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| 5-39001 is
amended 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 |
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| of any
county may establish and maintain a county law library, |
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| to be located in
any county building or privately or publicly |
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| owned building at the county
seat of government. The term |
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| "county building" includes premises leased by
the county from a |
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| public building commission created under the Public
Building |
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| 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 |
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| county seat
of government and, in addition, branch law |
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| libraries in other locations
within that county as the county |
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| board deems necessary.
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| The facilities of those libraries shall be freely available |
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| to all
licensed Illinois attorneys, judges, other public |
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| officers of the county,
and all members of the public, whenever |
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| the court house is open.
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| The expense of establishing and maintaining those |
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| libraries shall be
borne by the county. To defray that expense, |
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| in any county having
established a county law library or |
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| libraries, the clerk of all
trial courts located at the county |
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| seat of government shall charge and
collect a county law |
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| library fee of $2, and the county board may
authorize a county |
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| law library fee of not to exceed $13
$10,
to be charged and |
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| collected by the clerks of all trial courts located in
the |
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| county.
The fee shall be paid at the time of filing the first |
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| pleading,
paper, or other appearance filed by each party in all |
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| civil cases, but no
additional fee shall be required if more |
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HB4370 |
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LRB093 20768 BDD 46668 b |
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| than one party is represented in a
single pleading, paper, or |
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| other appearance.
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| Each clerk shall commence those charges and collections |
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| upon
receipt of written notice from the chairman of the county |
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| board that
the board has acted under this Division to establish |
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| and
maintain a law library.
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| The fees shall be in addition to all other fees and charges |
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| of the
clerks, assessable as costs, remitted by the clerks |
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| monthly to the county
treasurer, and retained by the county |
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| treasurer in a special fund
designated as the County Law |
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| Library Fund. Except as otherwise provided in
this paragraph, |
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| disbursements from the fund
shall be by the county treasurer, |
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| on order of a majority of the resident
circuit judges of the |
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| circuit court of the county. In any
county with more than |
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| 2,000,000 inhabitants,
the
county board shall
order |
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| 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, |
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| may
appoint a library committee of not less than 9 members, |
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| who, by majority
vote, may recommend to the county board as to |
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| disbursements of
the fund and the operation of the library. In |
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| single county circuits with
2,000,000 or fewer
inhabitants, |
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| 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 |
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| circuit court of
the county. In those single county circuits, |
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| the number of personnel necessary
to
operate and maintain the |
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| county law library shall be set by and those personnel
shall be |
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| appointed
by the chief judge. The county law library personnel |
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| shall serve at the
pleasure
of the appointing authority. The |
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| salaries of those personnel shall be fixed by
the county board |
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| of the county.
Orders shall be
pre-audited, funds shall be |
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| audited by the county auditor, and
a report of the orders and |
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| 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 |
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| in
any proceeding to review the decision of any administrative |
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| officer,
agency, or body.
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