Public Act 90-0092 of the 90th General Assembly
Public Act 90-0092
HB0824 Enrolled LRB9003748DNmb
AN ACT to amend the Counties Code by changing Section
5-39001.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-39001 as follows:
(55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
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 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.
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.
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 $6,
except that in any county of more than 250,000 inhabitants
the maximum fee shall be $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 than
one party is represented in a single pleading, paper, or
other appearance.
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.
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. 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, except
that in any county having a population of more than 1,000,000
inhabitants, the county board shall order disbursements from
the fund and the presiding officer of the 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.
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.
Fees shall not be charged in any criminal or
quasi-criminal 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.
(Source: P.A. 86-962; 86-1028; 87-471.)