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92_HB0215eng HB0215 Engrossed 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 HB0215 Engrossed -2- LRB9201788TAtm 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. HB0215 Engrossed -3- LRB9201788TAtm 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.