Bill Status of SB0075  93rd General Assembly

Short Description:  JUDGES-ADD SUBCIRCUITS

Senate Sponsors
Sen. Terry Link - John J. Cullerton

House Sponsors
(Rep. Jack D. Franks, Jack McGuire, Kathleen A. Ryg, Eddie Washington, Karen May and Mike Boland)

Last Action
DateChamber Action
  8/18/2003SenatePublic Act . . . . . . . . . 93-0541

Statutes Amended In Order of Appearance
705 ILCS 35/2f-1 new
705 ILCS 35/2f-2 new
705 ILCS 35/2f-3 new
705 ILCS 40/2from Ch. 37, par. 72.42


Synopsis As Introduced
Amends the Circuit Courts Act and the Judicial Vacancies Act. Adds 3 resident judgeships to the twelfth judicial circuit, 3 resident judgeships to the eighteenth circuit, and 4 resident judgeships to the nineteenth judicial circuit. Requires that the additional judgeships be filled beginning at the 2006 general election and prohibits appointments to fill those judgeships before the 2006 general election. Requires that by January 1, 2005, the General Assembly divide those circuits into subcircuits. Requires that the Supreme Court allot the additional judgeships and the other resident judgeships, as they become vacant (other than for election in 2004), to the various subcircuits to be filled by election until the appropriate number of resident judges is elected from each subcircuit. Requires the Supreme Court to determine by lot the numerical order of the subcircuits for the purpose of assigning resident judgeships to subcircuits.

Senate Committee Amendment No. 1
Adds reference to:
10 ILCS 5/7-7
10 ILCS 5/7-8
705 ILCS 35/1
705 ILCS 35/2
705 ILCS 35/2a
705 ILCS 35/2b
705 ILCS 35/2f-4 new
705 ILCS 35/2f-5 new
705 ILCS 45/2

Deletes everything. Amends the Election Code, the Circuit Courts Act, the Judicial Vacancies Act, and the Associate Judges Act. Divides the 19th judicial circuit (Lake and McHenry) into the 19th (Lake) and the 22nd (McHenry) circuits beginning December 4, 2006. Adds additional judges in those circuits. Provides for the election of judges by subcircuit in the 19th circuit. Divides the 12th judicial circuit into 5 subcircuits. Adds resident judgeships and changes existing at large judgeships (when vacant) into resident judgeships to provide for the election of 2 judges from each subcircuit. Divides the 18th circuit into 6 subcircuits. Adds resident judgeships and changes existing at large judgeships (when vacant) into resident judgeships to provide for the election of 3 judges from each subcircuit. Makes other changes. Effective immediately.

 Judicial Note (S-AM1) (Admin Office of the Illinois Courts)
 In all, the bill creates 14 new judgeships that will be first filled by election at the 2006 general election. It appears, however, that SB75 may also result in a reduction in the number of at large circuit judgeships. Currently, there are 8 at large circuit judges in the 12th circuit, and 13 at large judges in the 18th circuit. The bill provides that 4 of the 8 in the 12th circuit are to be allotted for resident (subcircuit) judgeships, and 12 of the 13 in the 18th are to be allotted for resident (subcircuit) judgeships. Absent elections to fill vacancies in the at large judgeships that are not allotted for resident (subcircuit) judgeships, the non-allotted at large judgeships in the 12th (4 judgeships) and the 18th (1 judgeship) will be gradually eliminated. The timing of the reduction in the number of at large judgeships would depend on the occurrence of vacancies. SB75 will also have an impact on the total number of authorized associate judgeships. The total number of associate judgeships for the new circuits will be 27, an increase of one from the number authorized for the existing 19th circuit.

Senate Floor Amendment No. 2
Adds reference to:
705 ILCS 35/2f-6 new
705 ILCS 35/2f-7 new

Deletes everything. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes: Divides the 3rd judicial circuit into subcircuits as follows: 8 subcircuits in Madison County and one in Bond County. Divides the 20th judicial circuit into subcircuits as follows: 8 in St. Clair County and one each in Monroe, Randolph, Perry, and Washington County. Provides that in the 12th judicial circuit 4 of the 8 at large circuit judgeships shall continue to be elected at large. Provides that in the 19th judicial circuit 4 of the 5 at large circuit judgeships shall continue to be elected at large. Makes other changes. Effective immediately.

 Fiscal Note (S-AM1) (Admin Office of the Illinois Courts)
 Based on the currently authorized salary for circuit judges, the annual salary expense for the 14 new judgeships will be $1,904,644 and the cost for payment of the Medicare portion of Social Security will amount to an additional $27,617 on an annual basis. The full annual expense will not be incurred until fiscal year 2008, since the new judgeships are not to be filled until after the 2006 general election. It appears that the fiscal impact of the bill will decrease in subsequent years due to amendatory provisions relating to at large judgeships. Absent elections to fill vacancies in the at large judgeships that are not allotted for resident (subcircuit) judgeships, the non-allotted at large judgeships in the 12th and 18th circuits will gradually be eliminated. Given a total of five at large judgeships that are not allotted to subcircuits, the fiscal impact of the bill will be reduced by $680,230 for salary and $9,863 for the cost of the Medicare portion of Social Security. In addition to 14 new judgeships, one additional associate judgeship will be added. Based on the currently authorized salary for associate judges, the annual salary expense for an additional associate judgeship will be $126,747 and the cost of the Medicare portion of Social Security will be an additional $1,838 on an annual basis. The full annual expense for the additional associate judgeship will not be incurred until fiscal year 2008, since the new judgeship will not be authorized until the new circuits are created on December 4, 2006.

House Committee Amendment No. 1
Deletes reference to:
705 ILCS 35/2
705 ILCS 35/2a
705 ILCS 35/2b
705 ILCS 35/2f-3 new
705 ILCS 35/2f-6 new
705 ILCS 35/2f-7 new

Deletes everything. Amends the Election Code, the Circuit Courts Act, the Judicial Vacancies Act, and the Associate Judges Act. Divides the 19th judicial circuit into the 19th (Lake County) and 22nd (McHenry County) judicial subcircuits, effective December 4, 2006. Requires that by February 1, 2004, the General Assembly must divide the 19th, 22nd, and 12th (Will County) judicial circuits into subcircuits. In the 12th judicial circuit, adds one resident judgeship and converts 2 associate judgeships to provide enough resident judgeships. Provides that the Supreme Court shall fill the 12th circuit's additional resident judgeship by appointment until it is filled at the 2006 general election. Provides that the Supreme Court shall allot resident judgeships as they become vacant and that no resident judge must move to continue serving or to seek retention. Effective immediately.

 Land Conveyance Appraisal Note (H-AM 2) (Dept. of Transportation)
 As there are no parcels of land being conveyed in this bill, there are no appraisals to be filed by the Department of Transportation.

 Pension Note (H-AM 2) (Pension Laws Commission)
 SB 75, as amended by House Amendment 2, may affect the employer contributions that must be made to the Judges' Retirement System. If the number of circuit and associate judges is increased due to the passage of the bill, required employer contributions to JRS will also increase by an undetermined amount. If SB 75, as amended by House Amendment 2, does not increase the number of judges, there would be no fiscal impact for any public pension fund or retirement system in Illinois.

 Housing Affordability Impact Note (H-AM 2) (Housing Development Authority)
 This legislation will have no fiscal impact on constructing, purchasing, owning, or selling a single-family residence.

 State Debt Impact Note (H-AM 2) (Economic and Fiscal Commission)
 SB 75, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Balanced Budget Note (H-AM2) (Bureau of the Budget)
 Since this is not a supplemental appropriation bill, it is not possible to complete this note as requested.

 State Mandates Fiscal Note (H-AM2) (Dept. of Commerce and Community Affairs)
 Does not meet the definition of a State mandate.

 Correctional Note (H-AM2) (Department of Corrections)
 Corrections population impact is none. Fiscal impact is none.

 Home Rule Note (H-AM 2) (Dept of Commerce and Community Affairs)
 In the opinion of DCCA, SB 75 (HA #2) does not pre-empt home rule authority.

 Fiscal Note (H-AM2) (Administrative Office of the Ill. Courts)
 SB75, as amended by HA2, expressly creates one new Resident (Subcircuit) Judgeship. Currently the 19th circuit has seven "at large" judges. A total of 12 at large circuit judges would be elected in the new 19th and 22nd circuits, a net increase in five circuit judges. SB75, as amended by HA2, would also result in the authorization of one additional associate judgeship. Based on currently authorized salary for circuit judges, the expense for a new resident judgeship in the 12th circuit will be $136,046 and the cost for payment of the Medicare portion of Social Security will be $1,973. The cost for five new circuit judgeships, based on the currently authorized salary for circuit judges, will be $680,230 plus a cost of $9,863 for payment of the Medicare portion of Social Security. Based on the currently authorized salary for associate judges, the expense for an additional associate judgeship will be $126,747 plus a cost of $1,838 for the Medicare portion of Social Security.

 Judicial Note (H-AM2) (Administrative Office of the Ill. Courts)
 SB75, as amended by HA2, expressly creates one new Resident (Subcircuit) Judgeship. Currently the 19th circuit has seven "at large" judges. A total of 12 at large circuit judges would be elected in the new 19th and 22nd circuits, a net increase in five circuit judges. SB75, as amended by HA2, would also result in the authorization of one additional associate judgeship.

 Pension Note (H-AM3) (Pension Laws Commission)
 If number of judges is increased contributions to JRS will also increase by an undetermined amount. If the number of judges does not increase, there will be no fiscal impact.

House Floor Amendment No. 3
Adds reference to:
705 ILCS 35/2

Deletes everything. Reinserts the provisions of House Amendment No. 1 with the following changes: In the Circuit Courts Act, achieves the allotment of one resident judgeship to each of 5 subcircuits by requiring the Supreme Court to allot (i) one additional resident judgeship, (ii) 2 converted associate judgeships, and (iii) the first 2 vacancies occurring in any of the circuit's existing at large and resident judgeships.

 Balanced Budget Note (H-AM3) (Bureau of the Budget)
 Since this is not a supplemental appropriation bill, it is not possible to complete this note as requested.

 Judicial Note (H-AM3) (Administrative Office of the Ill. Courts)
 SB75, as amended by HA3, expressly creates one new Resident (Subcircuit) Judgeship. Currently the 19th circuit has seven "at large" judges. A total of 12 at large circuit judges would be elected in the new 19th and 22nd circuits, a net increase in five circuit judges. SB75, as amended by HA3, would also result in the authorization of one additional associate judgeship.

 Fiscal Note (H-AM3) (Administrative Office of the Ill. Courts)
 SB75, as amended by HA3, expressly creates one new Resident (Subcircuit) Judgeship. Currently the 19th circuit has seven "at large" judges. A total of 12 at large circuit judges would be elected in the new 19th and 22nd circuits, a net increase in five circuit judges. SB75, as amended by HA3, would also result in the authorization of one additional associate judgeship. Based on currently authorized salary for circuit judges, the expense for a new resident judgeship in the 12th circuit will be $136,046 and the cost for payment of the Medicare portion of Social Security will be $1,973. The cost for five new circuit judgeships, based on the currently authorized salary for circuit judges, will be $680,230 plus a cost of $9,863 for payment of the Medicare portion of Social Security. Based on the currently authorized salary for associate judges, the expense for an additional associate judgeship will be $126,747 plus a cost of $1,838 for the Medicare portion of Social Security.

 State Debt Impact Note (H-AM 3)(Economic and Fiscal Commission)
 SB 75, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Land Conveyance Appraisal Note (H-AM 3) (Dept. of Transportation)
 As there are no parcels of land being conveyed ib Senate Bill 75, as amended by HA 3, there are no appraisals to be filed by the Department of Transportation.

 Housing Affordability Impact Note (H-AM 3)(Housing Development Authority)
 This legislation will have no fiscal impact on constructing, purchasing, owning, or selling a single-family residence.

 Correctional Note (H-AM 3)(Dept of Corrections)
 There is no corrections population or fiscal impact on the Department.

 Home Rule Note (H-AM 3)(Dept of Commerce and Community Affairs)
 In the opinion of DCCA, SB 75 (HA #3) does not pre-empt home rule authority.

 State Mandates Fiscal Note (H-AM 3)(Dept of Commerce and Community Affairs)
 In the opinion of DCCA, SB 75 (HA #3) does not meet the definition of a State mandate.

Actions 
DateChamber Action
  1/22/2003SenateFiled with Secretary by Sen. Terry Link
  1/22/2003SenateFirst Reading
  1/22/2003SenateReferred to Rules
  1/29/2003SenateAssigned to Executive
  2/5/2003SenatePostponed - Executive
  2/19/2003SenatePostponed - Executive
  2/28/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
  2/28/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/4/2003SenateSenate Committee Amendment No. 1 Rules Refers to Executive
  3/4/2003SenateAdded as Chief Co-Sponsor Sen. John J. Cullerton
  3/4/2003SenateAdded as Chief Co-Sponsor Sen. Adeline Jay Geo-Karis
  3/5/2003SenateSenate Committee Amendment No. 1 Adopted
  3/6/2003SenateDo Pass as Amended Executive; 010-001-002
  3/6/2003SenatePlaced on Calendar Order of 2nd Reading March 11, 2003
  3/11/2003SenateJudicial Note Requested by Sen. Peter J. Roskam
  3/24/2003SenateJudicial Note Filed As amended by Committee Amendment No. 1
  3/24/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link
  3/24/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  3/24/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Dave Syverson
  3/24/2003SenateSenate Floor Amendment No. 3 Referred to Rules
  3/24/2003SenateSenate Floor Amendment No. 2 Rules Refers to Executive
  3/24/2003SenateFiscal Note Filed as Amended with Committee Amendment No. 1
  3/25/2003SenateSenate Floor Amendment No. 2 Be Adopted Executive; 011-000-000
  3/25/2003SenateSecond Reading
  3/25/2003SenateSenate Floor Amendment No. 2 Adopted; Link
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/26/2003SenateThird Reading - Passed; 042-014-001
  3/26/2003SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  3/26/2003HouseArrived in House
  3/26/2003HousePlaced on Calendar Order of First Reading
  3/26/2003HouseChief House Sponsor Rep. Jack D. Franks
  3/26/2003HouseFirst Reading
  3/26/2003HouseReferred to Rules Committee
  5/5/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003
  5/5/2003HouseAssigned to Executive Committee
  5/21/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Executive Committee
  5/21/2003HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  5/21/2003HouseDo Pass as Amended / Short Debate Executive Committee; 007-003-000
  5/21/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2003HouseAdded Alternate Co-Sponsor Rep. Kathleen A. Ryg
  5/21/2003HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  5/21/2003HouseAdded Alternate Co-Sponsor Rep. Jack McGuire
  5/21/2003HouseAdded Alternate Co-Sponsor Rep. Karen May
  5/22/2003HouseSecond Reading - Short Debate
  5/22/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2003HouseThird Reading/Final Action Deadline Extended-9(b) May 31, 2003
  5/27/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks
  5/27/2003HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/27/2003HouseLand Conveyance Appraisal Note Filed as amended by House Amendment No. 2
  5/27/2003HousePension Note Filed as amended by House Amendment No. 2
  5/27/2003HouseHousing Affordability Impact Note Filed as amended by House Amendment No. 2
  5/27/2003HouseState Debt Impact Note Filed as amended by House Amendment No. 2
  5/27/2003HouseBalanced Budget Note Filed as amended by House Amendment No. 2
  5/28/2003HouseState Mandates Fiscal Note Filed as amended by House Amendment No. 2
  5/28/2003HouseCorrectional Note Filed as amended by House Amendment No. 2
  5/28/2003HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  5/28/2003HouseHome Rule Note Filed as amended by House Amendment No. 2
  5/29/2003HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Jack D. Franks
  5/29/2003HouseFiscal Note Filed as amended by House Amendment No. 2
  5/29/2003HouseJudicial Note Filed as amended by House Amendment No. 2
  5/29/2003HousePension Note Filed as amended by House Amendment No. 3
  5/29/2003HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jack D. Franks
  5/29/2003HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/29/2003HouseBalanced Budget Note Filed as amended by House Amendment No. 3
  5/29/2003HouseHouse Floor Amendment No. 3 Rules Refers to Executive Committee
  5/29/2003HouseJudicial Note Filed as amended by House Amendment No. 3
  5/29/2003HouseFiscal Note Filed as amended by House Amendment No. 3
  5/29/2003HouseState Debt Impact Note Filed as amended by House Amendment No. 3
  5/29/2003HouseLand Conveyance Appraisal Note Filed as amended by House Amendment No. 3
  5/29/2003HouseHousing Affordability Impact Note Filed as amended by House Amendment No. 3
  5/29/2003HouseCorrectional Note Filed as amended by House Amendment No. 3
  5/29/2003HouseHouse Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 007-005-000
  5/29/2003HouseHome Rule Note Filed as amended by House Amendment No. 3
  5/29/2003HouseState Mandates Fiscal Note Filed as amended by House Amendment No. 3
  5/29/2003HouseAdded Alternate Co-Sponsor Rep. Mike Boland
  5/30/2003HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/30/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2003HouseVerified
  5/30/2003HouseThird Reading - Short Debate - Passed 064-051-001
  5/30/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01,03
  5/30/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,03 - May 31, 2003
  5/30/2003SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link
  5/30/2003SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/30/2003SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Terry Link
  5/30/2003SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Rules
  5/30/2003SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Executive
  5/30/2003SenateHouse Floor Amendment No. 3 Motion to Concur Rules Referred to Executive
  5/30/2003SenateHouse Committee Amendment No. 1 Motion to Concur Be Adopted Executive; 008-001-004
  5/30/2003SenateHouse Floor Amendment No. 3 Motion to Concur Be Adopted Executive; 008-001-004
  5/31/2003SenateSponsor Removed Sen. Adeline Jay Geo-Karis
  5/31/2003SenateHouse Committee Amendment No. 1 Senate Concurs 033-026-000
  5/31/2003SenateHouse Floor Amendment No. 3 Senate Concurs 033-026-000
  5/31/2003SenatePassed Both Houses
  6/27/2003SenateSent to the Governor
  8/18/2003SenateGovernor Approved
  8/18/2003SenateEffective Date August 18, 2003
  8/18/2003SenatePublic Act . . . . . . . . . 93-0541