This legislation adds the district attorney to the board of trustees of the county law library for each county in his or her judicial circuit.

The current version of the bill would allow the county law library board of trustees (i.e., the chief judge of the superior court, the probate judge, the superior court clerk, two attorneys and, if applicable, the senior state court judge and solicitor) to change the disbursement of excess funds for the county law library. The county law library is funded by a $5 fee charged in all court actions. The board of trustees uses the money to purchase books, supplies, equipment, technology and staff for the county law library, law libraries for the judges and the codification of county ordinances. Currently, the trustees must give any excess county law library money to a charitable tax exempt organization that provides civil legal representation to low income individuals. Any additional excess funds must be given to the county board of commissioners to be used to purchase fixtures and furnishings for the courthouse.

HB 738 would give the trustees the option to continue to give excess money to the representation of low income individuals or to purchase software, equipment, fixtures or furnishings for the district attorney, solicitor, and county judicial offices.  Upon the determination by trustees of excess funds, such funds shall be turned over to the county board of commissioners to be used on the courthouse.

This bill also clarifies in statute that the law library fee is an "add-on" and not deducted from the base filing fee that is retained by the county general fund.