§ 45-39-81 — Public Law Library; Lauderdale County Law Library Fund

(a) The governing body of Lauderdale County, Alabama, by whatever named called, is hereby authorized to establish and maintain a public law library in the county, and to accomplish that purpose, may from time to time, expend such public funds of the county, as are not required by law to be expended for any other purpose or purposes, to provide suitable housing quarters, furniture, fixtures, and equipment therefor, to keep the same in a good state of maintenance and repair, and, from time to time, to enlarge, expand, and improve the library, facilities, and equipment, and from time to time, to provide such books, reports, and periodicals for the library as are not provided therefor out of the special fund created by this section or otherwise, and to pay the salaries of an assistant librarian and such other personnel as may be necessary and proper to operate the same, to the extent that such salaries are not paid out of the proceeds of such special fund; which expenditures shall, from time to time, be made on warrants drawn in the usual manner, upon the Lauderdale County Law Library Fund, payable out of appropriate fund or funds.
(b)(1) In order to provide a special fund for the maintenance of the library, there shall be taxed as cost:
a. The sum of one dollar ($1) in each misdemeanor case or case involving the violation of a municipal ordinance other than an ordinance relating to parking vehicles filed in a municipal court.
b. The sum of four dollars ($4) in each criminal case, quasi-criminal case, or civil case filed in the district court, and in each criminal case or quasi-criminal case involving a misdemeanor filed in, arising in, or brought by appeal, certiorari, or otherwise to the Circuit Court of Lauderdale County.
c. The sum of four dollars ($4) in each criminal or quasi-criminal case involving a felony and in each civil action, proceeding on a forfeited bail bond, or proceeding on a forfeited bond given in connection with an appeal from a judgment of conviction in any inferior court to the Circuit Court of Lauderdale County, hereafter filed in, arising in, or brought by appeal, certiorari, or otherwise to the Circuit Court of Lauderdale County.
(2) Such costs shall be collected as other costs in such courts are collected and shall be paid by the magistrate, clerk of the court, or registers thereof, as the case may be, to the Lauderdale County Law Library Fund of Lauderdale County, Alabama.
(c) The management and control of the public law library shall be vested in a librarian, and an advisory committee. The librarian shall be the presiding judge of the Eleventh Judicial Circuit. The advisory committee shall consist of two members of the Lauderdale County Bar. The members of the advisory committee shall be elected by the Lauderdale County Commission for such term as may be fixed by the commission. In all matters involving the expenditure of moneys the concurring consent of one member of the advisory committee shall be necessary.
(d) The sums herein provided shall be kept in a separate fund designated as Lauderdale County Law Library Fund and shall be expended by the librarian, by and with the consent of the advisory committee, for maintaining the law library. The librarian shall draw warrants on the Lauderdale County Law Library Fund for expenditures, indicating on the warrants the fund against which the warrants are drawn. The fund shall be used primarily to lease or purchase, from time to time, under conditional sales contracts in anticipation of future revenue under this section or otherwise as the librarian may deem expedient, such books and periodicals, and to pay the salaries of such personnel, as may in the opinion of the librarian be advisable, or for such other use or purpose as the librarian deems reasonable and proper for the operation of the library, or the Circuit Court of Lauderdale County but to the extent not so used funds may otherwise be expended for the maintenance of the library. All books or other property purchased with the funds produced by this section shall be the property of Lauderdale County, Alabama, provided, however, that the librarian may from time to time, sell at public or private sale or exchange any such books, reports, periodicals, and personal property, and apply the proceeds from the sale thereof, or the value thereof, upon the purchase of other books, reports, periodicals, and personal property for use in the library, and the librarian may accept any gift or loan of any books, reports, periodicals, and property for public use in the library upon such terms and conditions as may be stipulated by the donor or lender thereof and as may be agreeable to the librarian. The librarian may appoint such assistant librarian and other personnel as may in his or her opinion be necessary or proper to operate the library, and, to the extent that in the opinion of the librarian the circumstances permit, may require the clerks of the courts, or the register of the courts, or the official reporters of the circuit court and law and equity court or any of them to operate the same or to assist therein, either with or without additional compensation therefor from the fund as the librarian shall direct.
(e) The items of cost above referred to shall be designated in the respective courts as law library fee and shall be taxed as other costs are taxed in the courts. On or before the tenth day of each month, the clerk or other collecting officer of the respective courts shall pay to the county depository the amounts collected for the law library fees previous to the first day of the month.

Legislative History

(Act 1959, No. 88, p. 509, §§1-5; Act 83-123, 2nd Sp. Sess., p. 130, §1; Act 85-709, p. 1162, §1.)