Full Text of SB0372 99th General Assembly
SB0372sam001 99TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 3/27/2015
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| 1 | | AMENDMENT TO SENATE BILL 372
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 372 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-39001 as follows: | 6 | | (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
| 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
| 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 |
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| 1 | | board deems necessary.
| 2 | | The facilities of those libraries shall be freely available | 3 | | to all
licensed Illinois attorneys, judges, other public | 4 | | officers of the county,
and all members of the public, whenever | 5 | | the court house is open, and may include self-help centers and | 6 | | other legal assistance programs for the public as part of the | 7 | | services it provides on-site and online.
| 8 | | The expense of establishing and maintaining those | 9 | | libraries shall be
borne by the county. To defray that expense, | 10 | | including the expense of any attendant self-help centers and | 11 | | legal assistance programs, in any county having
established a | 12 | | county law library or libraries, the clerk of all
trial courts | 13 | | located at the county seat of government shall charge and
| 14 | | collect a county law library fee of $2, and the county board | 15 | | may
authorize a county law library fee of not to exceed (i) $18 | 16 | | in 2009, (ii) $19 in 2010, and (iii) $21 in 2011 , (iv) $23 in | 17 | | 2016, and (v) $25 in 2017 and thereafter,
to be charged and | 18 | | collected by the clerks of all trial courts located in
the | 19 | | county.
The fee shall be paid at the time of filing the first | 20 | | pleading,
paper, or other appearance filed by each party in all | 21 | | civil cases, but no
additional fee shall be required if more | 22 | | than one party is represented in a
single pleading, paper, or | 23 | | other appearance.
| 24 | | Each clerk shall commence those charges and collections | 25 | | upon
receipt of written notice from the chairman of the county | 26 | | board that
the board has acted under this Division to establish |
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| 1 | | and
maintain a law library.
| 2 | | The fees shall be in addition to all other fees and charges | 3 | | of the
clerks, assessable as costs, remitted by the clerks | 4 | | monthly to the county
treasurer, and retained by the county | 5 | | treasurer in a special fund
designated as the County Law | 6 | | Library Fund. Except as otherwise provided in
this paragraph, | 7 | | disbursements from the fund
shall be by the county treasurer, | 8 | | on order of a majority of the resident
circuit judges of the | 9 | | circuit court of the county. In any
county with more than | 10 | | 2,000,000 inhabitants,
the
county board shall
order | 11 | | disbursements from the fund and the presiding officer of the
| 12 | | county board, with the advice and consent of the county board, | 13 | | may
appoint a library committee of not less than 9 members, | 14 | | who, by majority
vote, may recommend to the county board as to | 15 | | disbursements of
the fund and the operation of the library. In | 16 | | single county circuits with
2,000,000 or fewer
inhabitants, | 17 | | disbursements from the County Law Library Fund shall be made by
| 18 | | the county treasurer on the order of the chief judge of the | 19 | | circuit court of
the county. In those single county circuits, | 20 | | the number of personnel necessary
to
operate and maintain the | 21 | | county law library shall be set by and those personnel
shall be | 22 | | appointed
by the chief judge. The county law library personnel | 23 | | shall serve at the
pleasure
of the appointing authority. The | 24 | | salaries of those personnel shall be fixed by
the county board | 25 | | of the county.
Orders shall be
pre-audited, funds shall be | 26 | | audited by the county auditor, and
a report of the orders and |
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| 1 | | funds shall be rendered to
the county board and to the judges.
| 2 | | Fees shall not be charged in any criminal or quasi-criminal
| 3 | | case, in any matter coming to the clerk on change of venue, or | 4 | | in
any proceeding to review the decision of any administrative | 5 | | officer,
agency, or body.
| 6 | | No moneys distributed from the County Law Library Fund may | 7 | | be directly or indirectly used for lobbying activities, as | 8 | | defined in Section 2 of the Lobbyist Registration Act or as | 9 | | defined in any ordinance or resolution of a municipality, | 10 | | county, or other unit of local government in Illinois. | 11 | | (Source: P.A. 98-351, eff. 8-15-13.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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