State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 004 ][ Senate Amendment 001 ]



 1                    AMENDMENT TO SENATE BILL 385

 2        AMENDMENT  NO.  _______.   Amend  Senate  Bill  385,   AS
 3    AMENDED,  with  reference  to  page and line numbers of House
 4    Amendment No. 1, on page 1, lines 5 and 6, by replacing  "and
 5    5-1113" with "5-1113, and 5-39001"; and

 6    on  page  10,  by  replacing  lines  12  through  22 with the
 7    following:

 8    "as required by law.  The records posted by the  recorder  on
 9    the  World  Wide Web may include those public records created
10    and  maintained  in  the  normal  course  of  the  recorder's
11    official  business.   These  records  may  be  processed,  as
12    necessary, to make them accessible on  the  World  Wide  Web.
13    These  Web-posted  records  shall  be viewable to all persons
14    without  any  fee  or  charge.   The  county  board  may,  by
15    resolution,  authorize  the  recorder  to   establish   other
16    Web-based   services  for  which  a  reasonable  fee  may  be
17    charged."; and

18    on page 23, immediately  below  line  14,  by  inserting  the
19    following:

20        "(55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
21        Sec.  5-39001.   Establishment  and  use; fee. The county
                            -2-            LRB9206081TAtmam13
 1    board of any county may establish and maintain a  county  law
 2    library, to be located in any county building or privately or
 3    publicly  owned  building  at  the county seat of government.
 4    The term "county building" includes premises  leased  by  the
 5    county  from  a  public building commission created under the
 6    Public Building Commission Act. After  August  2,  1976,  the
 7    county  board  of  any  county  may  establish and maintain a
 8    county law library at the county seat of government  and,  in
 9    addition,  branch  law  libraries   in other locations within
10    that county as the county board deems necessary.
11        The  facilities  of  those  libraries  shall  be   freely
12    available  to all licensed Illinois attorneys, judges,  other
13    public officers of the county, and all members of the public,
14    whenever the court house is open.
15        The  expense  of  establishing  and   maintaining   those
16    libraries  shall  be  borne  by  the  county.  To defray that
17    expense, in  any  county  having  established  a  county  law
18    library  or  libraries, the clerk of all trial courts located
19    at the county seat of government shall charge and  collect  a
20    county  law  library  fee  of $2, and the county board may by
21    resolution authorize a county  law  library  fee  of  not  to
22    exceed  $19 $10, to be charged and collected by the clerks of
23    all trial courts located in the county.  Beginning on January
24    1, 2003, and through January 1, 2007, the maximum fee that  a
25    county  board  may  authorize shall increase by $1 each year.
26    The fee shall be  paid  at  the  time  of  filing  the  first
27    pleading,  paper,  or other appearance filed by each party in
28    all civil cases, but no additional fee shall be  required  if
29    more  than  one  party  is  represented in a single pleading,
30    paper, or other appearance.
31        Each clerk shall commence those charges  and  collections
32    upon  receipt  of  written  notice  from  the chairman of the
33    county board that the board has acted under this Division  to
34    establish and maintain a law library.
                            -3-            LRB9206081TAtmam13
 1        The  fees  shall  be  in  addition  to all other fees and
 2    charges of the clerks, assessable as costs, remitted  by  the
 3    clerks  monthly  to the county treasurer, and retained by the
 4    county treasurer in a special fund designated as  the  County
 5    Law  Library  Fund.   Except  as  otherwise  provided in this
 6    paragraph, disbursements from the fund shall be by the county
 7    treasurer, on order of a majority  of  the  resident  circuit
 8    judges of the circuit court of the county. In any county with
 9    more than 2,000,000 inhabitants, the county board shall order
10    disbursements  from the fund and the presiding officer of the
11    county board, with the  advice  and  consent  of  the  county
12    board,  may  appoint  a  library committee of not less than 9
13    members, who, by majority vote, may recommend to  the  county
14    board  as  to  disbursements of the fund and the operation of
15    the library.  In single county  circuits  with  2,000,000  or
16    fewer  inhabitants, disbursements from the County Law Library
17    Fund shall be made by the county treasurer on  the  order  of
18    the chief judge of the circuit court of the county.  In those
19    single  county circuits, the number of personnel necessary to
20    operate and maintain the county law library shall be  set  by
21    and  those  personnel  shall be appointed by the chief judge.
22    The county law library personnel shall serve at the  pleasure
23    of the appointing authority.  The salaries of those personnel
24    shall  be  fixed  by  the county board of the county.  Orders
25    shall be pre-audited, funds shall be audited  by  the  county
26    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. 90-92, eff. 1-1-98; 90-589, eff. 6-5-98.)"; and

33    on  page  33, line 16, immediately after "Act.", by inserting
34    the following:
                            -4-            LRB9206081TAtmam13
 1    "In addition, the minimum fees  authorized  in  this  Section
 2    shall  apply  to  all  units  of  local government and school
 3    districts in counties with more than 3,000,000 inhabitants.";
 4    and

 5    on page 45, by replacing lines 32 and 33 with the following:

 6    "In addition, the fees provided in this Section  shall  apply
 7    to  all  units  of local government and school districts in";
 8    and

 9    on page 46, by replacing line 1 with the following:  counties
10    with more than 3,000,000 inhabitants. The fees".

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