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90_SB1207eng
55 ILCS 5/5-39001 from Ch. 34, par. 5-39001
Amends the Counties Code. Provides that in a county with
more than 2,000,000 (now 1,000,000) inhabitants, the county
board shall order disbursements from the County Law Library
Fund. Provides that in single county circuits with 2,000,000
or fewer inhabitants, disbursements shall be made from the
Fund on the order of the chief judge of the circuit court of
the county. Provides that 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. Provides that law library
personnel shall serve at the pleasure of the appointing
authority. Provides that the salaries of law library
personnel shall be fixed by the county board. Effective
immediately.
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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 $10, to
30 be charged and collected by the clerks of all trial courts
31 located in the county. The fee shall be paid at the time of
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1 filing the first pleading, paper, or other appearance filed
2 by each party in all civil cases, but no additional fee shall
3 be required if more than one party is represented in a single
4 pleading, paper, or other appearance.
5 Each clerk shall commence those charges and collections
6 upon receipt of written notice from the chairman of the
7 county board that the board has acted under this Division to
8 establish and maintain a law library.
9 The fees shall be in addition to all other fees and
10 charges of the clerks, assessable as costs, remitted by the
11 clerks monthly to the county treasurer, and retained by the
12 county treasurer in a special fund designated as the County
13 Law Library Fund. Except as otherwise provided in this
14 paragraph, disbursements from the fund shall be by the county
15 treasurer, on order of a majority of the resident circuit
16 judges of the circuit court of the county., except that In
17 any county with having a population of more than 2,000,000
18 1,000,000 inhabitants, the county board shall order
19 disbursements from the fund and the presiding officer of the
20 county board, with the advice and consent of the county
21 board, may appoint a library committee of not less than 9
22 members, who, by majority vote, may recommend to the county
23 board as to disbursements of the fund and the operation of
24 the library. In single county circuits with 2,000,000 or
25 fewer inhabitants, disbursements from the County Law Library
26 Fund shall be made by the county treasurer on the order of
27 the chief judge of the circuit court of the county. In those
28 single county circuits, the number of personnel necessary to
29 operate and maintain the county law library shall be set by
30 and those personnel shall be appointed by the chief judge.
31 The county law library personnel shall serve at the pleasure
32 of the appointing authority. The salaries of those personnel
33 shall be fixed by the county board of the county. Orders
34 shall be pre-audited, funds shall be audited by the county
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1 auditor, and a report of the orders and funds shall be
2 rendered to the county board and to the judges.
3 Fees shall not be charged in any criminal or
4 quasi-criminal case, in any matter coming to the clerk on
5 change of venue, or in any proceeding to review the decision
6 of any administrative officer, agency, or body.
7 (Source: P.A. 90-92, eff. 1-1-98.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.