Public Act 90-0589 of the 90th General Assembly

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Public Act 90-0589

SB1207 Enrolled                                LRB9007390MWpc

    AN ACT to amend the Counties  Code  by  changing  Section

    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  $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.   Except  as  otherwise  provided in this
paragraph, 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 with having a population of  more  than  2,000,000
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.   In  single  county circuits with 2,000,000 or
fewer inhabitants, disbursements from the County Law  Library
Fund  shall  be  made by the county treasurer on the order of
the chief judge of the circuit court of the county.  In those
single county circuits, the number of personnel necessary  to
operate  and  maintain the county law library shall be set by
and those personnel shall be appointed by  the  chief  judge.
The  county law library personnel shall serve at the pleasure
of the appointing authority.  The salaries of those personnel
shall be fixed by the county board of  the  county.    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. 90-92, eff. 1-1-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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