SB2287sam001 93RD GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/23/2004

09300SB2287sam001 LRB093 19324 LCB 48966 a

AMENDMENT TO SENATE BILL 2287

AMENDMENT NO. ______. Amend Senate Bill 2287 by replacing everything after the enacting clause with the following:

"Section 5. The Circuit Courts Act is amended by changing Section 2f-1 as follows:

(705 ILCS 35/2f-1)

Sec. 2f-1. 19th and 22nd judicial circuits.

(a) On December 4, 2006, the 19th judicial circuit is divided into the 19th and 22nd judicial circuits as provided in Section 1 of the Circuit Courts Act. This division does not invalidate any action taken by the 19th judicial circuit or any of its judges, officers, employees, or agents before December 4, 2006. This division does not affect any person's rights, obligations, or duties, including applicable civil and criminal penalties, arising out of any action taken by the 19th judicial circuit or any of its judges, officers, employees, or agents before December 4, 2006.

(b) Of the 7 circuit judgeships elected at large in the 19th circuit before the general election in 2006, the Supreme Court shall assign 5 to the 19th circuit and 2 to the 22nd circuit, based on residency of the circuit judges then holding those judgeships. The 5 assigned to the 19th circuit shall continue to be elected at large. The 2 assigned to the 22nd circuit shall continue to be elected at large.

(c) The 6 resident judgeships elected from Lake County before the general election in 2006 shall become resident judgeships in the 19th circuit on December 4, 2006, and the 3 resident judgeships elected from McHenry County before the general election in 2006 shall become resident judgeships in the 22nd circuit on December 4, 2006.

(d) On December 4, 2006, the Supreme Court shall allocate the associate judgeships of the 19th circuit before that date between the 19th and 22nd circuits based on the population of those circuits; however, the number of associate judges in the 19th circuit on and after December 4, 2006 shall be no less than the number of associate judges residing in Lake County on March 22, 2004. An associate judge appointed from a subcircuit of the 19th circuit must reside in the subcircuit from which he or she is appointed and must continue to reside in that subcircuit as long as he or she holds that office. This residency requirement shall not apply to persons serving as associate judges on the effective date of this amendatory Act of the 93rd General Assembly. On and after December 4, 2006 in the 19th circuit, associate judgeships shall be allocated equally among the subcircuits created in accordance with Section 2f-2. If, after associate judgeships are allocated equally among the subcircuits of the 19th circuit, there are any remaining associate judgeships that have not been allocated to any subcircuit, those remaining associate judgeships shall be filled at large from the entire circuit.

(e) On December 4, 2006, the Supreme Court shall allocate personnel, books, records, documents, property (real and personal), funds, assets, liabilities, and pending matters concerning the 19th circuit before that date between the 19th and 22nd circuits based on the population and staffing needs of those circuits and the efficient and proper administration of the judicial system. The rights of employees under applicable collective bargaining agreements are not affected by this amendatory Act of the 93rd General Assembly.

(f) The judgeships set forth in this Section include the judgeships authorized under Sections 2g, 2h, and 2j. The judgeships authorized in those Sections are not in addition to those set forth in this Section.

(Source: P.A. 93-541, eff. 8-18-03.)".