Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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COUNTIES55 ILCS 5/5-38011
(55 ILCS 5/) Counties Code.
(55 ILCS 5/5-38011)
(from Ch. 34, par. 5-38011)
Report of board.
Within 30 days
after the close of each fiscal year, the county
library board shall make a written report to the county board. In cases
where a public county library service is maintained by contract with an
existing library or libraries, a report shall be made to the county board
at the same time by the librarian or the secretary or some other officer of
the county library board of such library or libraries. A copy of each
report shall be filed at the same time with the Illinois State library.
It shall contain (a), an itemized statement of the various sums of money
received from the library fund, or from other sources; (b), an itemized
statement of the objects and purposes to which those sums of money have
been devoted; (c), a statement of the number of books and periodicals
available for use, and the number thereof circulated during the fiscal
year; (d), a statement of the real and personal property acquired by
legacy, purchase, gift or otherwise, during the fiscal year; (e),
a statement of the number, location and character of the branches or
stations of the public county library service, if any, established during
the fiscal year; (f), a statement of the character of any other extensions
of public county library service undertaken during the fiscal year; and
(g), any other statistics or information that may be required by the county
(Source: P.A. 86-962.)
55 ILCS 5/5-38012
(55 ILCS 5/5-38012)
(from Ch. 34, par. 5-38012)
Referendum on establishment of county library
service. None of the foregoing powers or duties shall be exercised,
however, unless the question of establishing a public county library
service shall have been submitted to the voters of the county, at a regular
election, and unless a majority of the votes cast upon the question at
any such election within the limits of the cities, villages and
incorporated towns in the county and a majority of those cast upon the
question outside the limits of such cities, villages or incorporated
towns shall be in favor of the establishment of a public county library
This question shall not be submitted to the voters, however, unless
there shall have been filed a petition therefor, signed by
not less than one hundred legal voters of the county.
The proposition of establishing a public county library service shall be
in substantially the following form: FOR the establishment of a public
county library service. AGAINST the establishment of a public county
(Source: P.A. 86-962.)
55 ILCS 5/5-38013
(55 ILCS 5/5-38013)
(from Ch. 34, par. 5-38013)
Inapplicability to counties of 500,000 or more.
This Division shall not apply to counties having a population of
500,000 or more.
(Source: P.A. 86-962.)
55 ILCS 5/Div. 5-39
(55 ILCS 5/Div. 5-39 heading)
55 ILCS 5/5-39001
(55 ILCS 5/5-39001)
(from Ch. 34, par. 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, and may include self-help centers and other legal assistance programs for the public as part of the services it provides on-site and online.
The expense of establishing and maintaining those libraries shall be
borne by the county. To defray that expense, including the expense of any attendant self-help centers and legal assistance programs, 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 $21 through December 31, 2021 and $20 on and after January 1, 2022,
to be charged and collected by the clerks of all trial courts located in
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. Except as otherwise provided in
this paragraph, 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. In any
county with more than 2,000,000 inhabitants,
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. In single county circuits with
2,000,000 or fewer
inhabitants, disbursements from the County Law Library Fund shall be made by
the county treasurer on the order of the chief judge of the circuit court of
the county. In those single county circuits, the number of personnel necessary
operate and maintain the county law library shall be set by and those personnel
shall be appointed
by the chief judge. The county law library personnel shall serve at the
of the appointing authority. The salaries of those personnel shall be fixed by
the county board of the county.
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.
No moneys distributed from the County Law Library Fund may be directly or indirectly used for lobbying activities, as defined in Section 2 of the Lobbyist Registration Act or as defined in any ordinance or resolution of a municipality, county, or other unit of local government in Illinois.
(Source: P.A. 98-351, eff. 8-15-13; 99-859, eff. 8-19-16.)
55 ILCS 5/Div. 5-40
(55 ILCS 5/Div. 5-40 heading)
55 ILCS 5/5-40001
(55 ILCS 5/5-40001)
(from Ch. 34, par. 5-40001)
Counties are authorized to adopt and
enforce floodplain regulations consistent with Federal Emergency Management
Agency regulations that implement the National Flood Insurance Act of 1968, as
amended. For the purposes of preventing flood damages and preserving the flood
carrying capacity of streams, floodplain regulations shall apply to all
buildings, structures, construction, excavation, and filling in the floodplain
whether or not the land, buildings, structures, construction, excavation, or
filling are for agricultural purposes. The Department of Natural Resources
shall prepare manuals and model ordinances and shall advise
counties on achieving floodplain regulation purposes without unnecessarily
interfering with land uses.
(Source: P.A. 89-445, eff. 2-7-96.)
55 ILCS 5/Div. 5-41
(55 ILCS 5/Div. 5-41 heading)
Administrative Adjudication of
55 ILCS 5/5-41003
(55 ILCS 5/5-41003)
This Division 5-41 applies to all counties except for the counties of Cook, DuPage, Kane, Lake, McHenry, and Will.
(Source: P.A. 96-1386, eff. 7-29-10.)
55 ILCS 5/5-41005
(55 ILCS 5/5-41005)
In this Division 5-41, unless the context
"Code" means any county ordinance that pertains to or regulates
any of the following:
control; the definition, identification, and abatement of public nuisances; the
accumulation, disposal, and transportation of garbage, refuse, and other forms
of solid waste; the construction and maintenance of buildings and structures;
sanitation practices; or zoning.
"Code enforcement officer" means a county employee authorized to issue
citations for county code violations and to conduct inspections of public or
private real property to determine whether code violations exist.
However, nothing in this Division 5-41 shall be construed to allow for
administrative adjudication of an ordinance violation in the case where a State
statute or administrative rule provides for a specific method or procedure to
be followed, other than administrative adjudication, in enforcing a county
"Hearing officer" means a person other than a code enforcement officer
law enforcement officer having the following powers and duties:
(1) To preside at an administrative hearing called to
determine whether a code violation exists.
(2) To hear testimony and accept evidence from the
code enforcement officer, the respondent, and all interested parties relevant to the existence of a code violation.
(3) To preserve and authenticate the record of the
hearing and all exhibits and evidence introduced at the hearing.
(4) To issue and sign written findings and a decision
and order stating whether a code violation exists.
(5) To impose penalties consistent with applicable
code provisions and to assess costs reasonably related to instituting the proceedings upon finding the respondent liable for the charged violation. In no event, however, shall the hearing officer have the authority to impose a penalty of incarceration.
"Property owner" means the legal or beneficial owner of an improved or
unimproved parcel of real estate.
"Respondent" means a property owner, waste hauler, or other person charged
with liability for an alleged code violation and the person to whom the notice
of violation is directed.
"Solid waste" means demolition materials, food and industrial
processing wastes, garden trash, land cleaning waste, mixed refuse,
non-combustible refuse, and trash as defined in the Solid Waste
Disposal District Act.
"Waste hauler" means any person owning or controlling any vehicle used to
carry or transport garbage, refuse, or other forms of solid waste.
(Source: P.A. 90-517, eff. 8-22-97.)