Public Act 90-0589 of the 90th General Assembly
Public Act 90-0589
SB1207 Enrolled LRB9007390MWpc
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 $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.