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90_HB0824
55 ILCS 5/5-39001 from Ch. 34, par. 5-39001
Amends the Counties Code. Allows the county board to
authorize a law library fee of not to exceed $10 (now, $6 or
$10 in counties with more than 250,000 inhabitants).
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1 AN ACT to amend the Counties Code by changing Section
2 5-39001.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-39001 as follows:
7 (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
8 Sec. 5-39001. Establishment and use; fee. The county
9 board of any county may establish and maintain a county law
10 library, to be located in any county building or privately or
11 publicly owned building at the county seat of government.
12 The term "county building" includes premises leased by the
13 county from a public building commission created under the
14 Public Building Commission Act. After August 2, 1976, the
15 county board of any county may establish and maintain a
16 county law library at the county seat of government and, in
17 addition, branch law libraries in other locations within
18 that county as the county board deems necessary.
19 The facilities of those libraries shall be freely
20 available to all licensed Illinois attorneys, judges, other
21 public officers of the county, and all members of the public,
22 whenever the court house is open.
23 The expense of establishing and maintaining those
24 libraries shall be borne by the county. To defray that
25 expense, in any county having established a county law
26 library or libraries, the clerk of all trial courts located
27 at the county seat of government shall charge and collect a
28 county law library fee of $2, and the county board may
29 authorize a county law library fee of not to exceed $6,
30 except that in any county of more than 250,000 inhabitants
31 the maximum fee shall be $10, to be charged and collected by
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1 the clerks of all trial courts located in the county. The
2 fee shall be paid at the time of filing the first pleading,
3 paper, or other appearance filed by each party in all civil
4 cases, but no additional fee shall be required if more than
5 one party is represented in a single pleading, paper, or
6 other appearance.
7 Each clerk shall commence those charges and collections
8 upon receipt of written notice from the chairman of the
9 county board that the board has acted under this Division to
10 establish and maintain a law library.
11 The fees shall be in addition to all other fees and
12 charges of the clerks, assessable as costs, remitted by the
13 clerks monthly to the county treasurer, and retained by the
14 county treasurer in a special fund designated as the County
15 Law Library Fund. Disbursements from the fund shall be by
16 the county treasurer, on order of a majority of the resident
17 circuit judges of the circuit court of the county, except
18 that in any county having a population of more than 1,000,000
19 inhabitants, the county board shall order disbursements from
20 the fund and the presiding officer of the county board, with
21 the advice and consent of the county board, may appoint a
22 library committee of not less than 9 members, who, by
23 majority vote, may recommend to the county board as to
24 disbursements of the fund and the operation of the library.
25 Orders shall be pre-audited, funds shall be audited by the
26 county auditor, and a report of the orders and funds shall be
27 rendered to the county board and to the judges.
28 Fees shall not be charged in any criminal or
29 quasi-criminal case, in any matter coming to the clerk on
30 change of venue, or in any proceeding to review the decision
31 of any administrative officer, agency, or body.
32 (Source: P.A. 86-962; 86-1028; 87-471.)