Public Act 90-0092 of the 90th General Assembly

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Public Act 90-0092

HB0824 Enrolled                                LRB9003748DNmb

    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  $6,
except  that  in  any county of more than 250,000 inhabitants
the maximum fee shall be $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.   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 having a population of more than 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.
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. 86-962; 86-1028; 87-471.)

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