State of Illinois
90th General Assembly
Legislation

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90_HB0824eng

      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).
                                                     LRB9003748DNmb
HB0824 Engrossed                               LRB9003748DNmb
 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
HB0824 Engrossed            -2-                LRB9003748DNmb
 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.)

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