Bill Text: IL HB0146 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Counties Code. Provides that a county board may authorize a county law library fee of not to exceed (i) $18 in 2009, (ii) $19 in 2010, and (iii) $21 in 2011 and thereafter (instead of $13). Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0227 [HB0146 Detail]
Download: Illinois-2009-HB0146-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-39001 as follows:
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6 | (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
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7 | Sec. 5-39001. Establishment and use; fee. The county board | ||||||
8 | of any
county may establish and maintain a county law library, | ||||||
9 | to be located in
any county building or privately or publicly | ||||||
10 | owned building at the county
seat of government. The term | ||||||
11 | "county building" includes premises leased by
the county from a | ||||||
12 | public building commission created under the Public
Building | ||||||
13 | Commission Act. After August 2, 1976, the county board of any
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14 | county may establish and maintain a county law library at the | ||||||
15 | county seat
of government and, in addition, branch law | ||||||
16 | libraries in other locations
within that county as the county | ||||||
17 | board deems necessary.
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18 | The facilities of those libraries shall be freely available | ||||||
19 | to all
licensed Illinois attorneys, judges, other public | ||||||
20 | officers of the county,
and all members of the public, whenever | ||||||
21 | the court house is open.
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22 | The expense of establishing and maintaining those | ||||||
23 | libraries shall be
borne by the county. To defray that expense, |
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1 | in any county having
established a county law library or | ||||||
2 | libraries, the clerk of all
trial courts located at the county | ||||||
3 | seat of government shall charge and
collect a county law | ||||||
4 | library fee of $2, and the county board may
authorize a county | ||||||
5 | law library fee of not to exceed (i) $18 in 2009, (ii) $19 in | ||||||
6 | 2010, and (iii) $21 in 2011 and thereafter $13 ,
to be charged | ||||||
7 | and collected by the clerks of all trial courts located in
the | ||||||
8 | county.
The fee shall be paid at the time of filing the first | ||||||
9 | pleading,
paper, or other appearance filed by each party in all | ||||||
10 | civil cases, but no
additional fee shall be required if more | ||||||
11 | than one party is represented in a
single pleading, paper, or | ||||||
12 | other appearance.
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13 | Each clerk shall commence those charges and collections | ||||||
14 | upon
receipt of written notice from the chairman of the county | ||||||
15 | board that
the board has acted under this Division to establish | ||||||
16 | and
maintain a law library.
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17 | The fees shall be in addition to all other fees and charges | ||||||
18 | of the
clerks, assessable as costs, remitted by the clerks | ||||||
19 | monthly to the county
treasurer, and retained by the county | ||||||
20 | treasurer in a special fund
designated as the County Law | ||||||
21 | Library Fund. Except as otherwise provided in
this paragraph, | ||||||
22 | disbursements from the fund
shall be by the county treasurer, | ||||||
23 | on order of a majority of the resident
circuit judges of the | ||||||
24 | circuit court of the county. In any
county with more than | ||||||
25 | 2,000,000 inhabitants,
the
county board shall
order | ||||||
26 | disbursements from the fund and the presiding officer of the
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1 | county board, with the advice and consent of the county board, | ||||||
2 | may
appoint a library committee of not less than 9 members, | ||||||
3 | who, by majority
vote, may recommend to the county board as to | ||||||
4 | disbursements of
the fund and the operation of the library. In | ||||||
5 | single county circuits with
2,000,000 or fewer
inhabitants, | ||||||
6 | disbursements from the County Law Library Fund shall be made by
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7 | the county treasurer on the order of the chief judge of the | ||||||
8 | circuit court of
the county. In those single county circuits, | ||||||
9 | the number of personnel necessary
to
operate and maintain the | ||||||
10 | county law library shall be set by and those personnel
shall be | ||||||
11 | appointed
by the chief judge. The county law library personnel | ||||||
12 | shall serve at the
pleasure
of the appointing authority. The | ||||||
13 | salaries of those personnel shall be fixed by
the county board | ||||||
14 | of the county.
Orders shall be
pre-audited, funds shall be | ||||||
15 | audited by the county auditor, and
a report of the orders and | ||||||
16 | funds shall be rendered to
the county board and to the judges.
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17 | Fees shall not be charged in any criminal or quasi-criminal
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18 | case, in any matter coming to the clerk on change of venue, or | ||||||
19 | in
any proceeding to review the decision of any administrative | ||||||
20 | officer,
agency, or body.
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21 | (Source: P.A. 93-748, eff. 7-15-04.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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