Bill Text: IL SB0397 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Court Reporters Act. Deletes language providing specific factors to consider when determining how many court reporters are needed in each circuit. Provides that the employer representative may authorize the chief judge of any circuit to appoint administrative, supervisory, and clerical staff when a need for such positions has been substantiated (rather than to appoint or designate a court reporter to a specific position). Provides that additional amounts paid to personnel shall be determined by the employer representative. Deletes language providing that additional amounts paid to personnel shall not exceed certain amounts. Provides that the audio or video recording system utilized by the court shall be approved by the Supreme Court. Deletes language providing that a court reporter shall not be in charge of an audio or video recording system where the system is the judge's personal property or has been supplied by a party or a party's attorney. Provides that a court reporting services employee may charge a page rate for the preparation of transcripts of court proceedings not to exceed the rate set by the employer representative (rather than not to exceed 25 cents per 100 words). Deletes language providing that the transcripts shall be filed and remain with the papers of the case. Provides that expense vouchers or claims submitted to the Office of the Comptroller for payment shall have the signed approval of the chief judge of the circuit court in which the court reporter is appointed (rather the chief judge of the circuit court in which the court reporter incurred the expense for which claim is made). Provides that each court reporter shall take a test to verify (rather than rate) his or her proficiency within one year of employment. Provides that the test shall be prepared and administered pursuant to standards set by rules. Provides that a proficiency test passed prior to employment may be accepted as proof of proficiency. Deletes language providing that the test shall consist of 3 parts and be administered at least every 6 months. Deletes language providing specific amounts for a court reporter's salary. Deletes language providing for credited court reporter proficiency ratings. Deletes language requiring an annual appropriation request to be made in January. Provides that the employer representatives (rather than the Supreme Court) shall collectively bargain over wages, hours, and terms and conditions of employment of all persons employed as court reporters, appoint arbitrators under specified circumstances, and create a roster of arbitrators who are available and qualified for appointment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-08-26 - Public Act . . . . . . . . . 101-0581 [SB0397 Detail]

Download: Illinois-2019-SB0397-Chaptered.html



Public Act 101-0581
SB0397 EnrolledLRB101 04158 LNS 49166 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Court Reporters Act is amended by changing
Sections 1, 3, 4, 4.1, 5, 6, 7, 8, 8.1, 8.2, and 8.5 as follows:
(705 ILCS 70/1) (from Ch. 37, par. 651)
Sec. 1. Definitions. In this Act:
"Court reporter" means any person appointed by the chief
judge of any circuit to perform the duties prescribed in
Section 5 of this Act.
"Court reporting services employee" means any person
employed by a chief judge of any circuit to take the court
record by stenographic or electronic means. "Court reporting
services employee" includes administrative personnel as
permitted by Section 4.1 of this Act.
"Employer representative" means, with respect to wages,
fringe benefits, hours, holidays, vacation, proficiency
examinations, sick leave, and other conditions of employment:
(1) For court reporters employed by the Cook County
Judicial Circuit Court of Cook County, the chief judge of
the Cook County Circuit Court of Cook County.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote.
(3) For court reporters employed by all other judicial
circuits, the chief judges of those circuits, acting
jointly by majority vote.
The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in this the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/3) (from Ch. 37, par. 653)
Sec. 3. Number; determination and certification. The
number of full-time and part-time court reporters that may be
appointed in each circuit shall be determined by the employer
representative. In determining how many court reporters are
needed in each circuit the employer representative shall
consider the following factors: (1) case loads in the circuit;
(2) the number of associate judges and circuit judges in the
circuit; (3) (blank) the number and location in the circuit of
major federal and state highways; (4) (blank) the location in
the circuit of state police highway truck weighing stations;
(5) (blank) the relationship of urban population to large
metropolitan centers in the various counties of the circuit;
(6) (blank) the location in the circuit of state institutions
including, but not limited to, universities, colleges, mental
health facilities, penitentiaries; (7) (blank) the number of
cities and towns within each circuit in which regular court
sessions are held and the distance in road miles between each;
and (8) any other factor deemed relevant by the employer
representative.
The employer representative may, as the need arises,
increase or lower the number of such court reporters so
authorized.
The Chief Judge of each circuit may designate any number of
approved full-time court reporter positions as time share
positions. For the purposes of this Act, "time share position"
means a full-time court reporter position that is divided among
2 or more court reporters with the full-time salary and
benefits being apportioned among the court reporters in the
same percentage as the duties of the full-time position are
apportioned.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/4) (from Ch. 37, par. 654)
Sec. 4. Appointment; oath. The chief judge may appoint all
or any of the number of court reporters authorized by Section 3
of this Act. The court reporters so appointed shall serve at
the direction of the chief judge and may be removed by the
chief judge.
Each court reporter appointed shall, before entering upon
the duties of his or her office, take the official oath to
faithfully discharge the duties of his or her office to the
best of his or her knowledge and ability.
The appointments shall be in writing and shall be filed
with the Clerk of the Circuit Court of the circuit in which the
court reporters are employed and shall continue in force until
revoked by the chief judge of the circuit in which the court
reporter is appointed.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/4.1) (from Ch. 37, par. 654.1)
Sec. 4.1. Appointment and salary of administrative
personnel.
(a) The employer representative may authorize the chief
judge of any single county circuit to appoint administrative,
supervisory, and clerical staff when a need for such positions
has been substantiated, except that in Cook County, supervisory
and administrative personnel shall be appointed from among the
court reporting services' pool of employees when such a need
has been substantiated in which official court reporting
services are centrally administered, (1) to appoint from among
the court reporters appointed in the circuit an Administrator
of Court Reporters, a Deputy Administrator of Court Reporters
and 2 Assistant Administrators of Court Reporters, (2) to
designate from among the court reporters appointed in the
circuit one Reporter Supervisor and one Assistant Reporter
Supervisor for each Department and Division of the circuit
court, and (3) to appoint secretarial and other support staff
to assist the Administrator. Each Administrator, Deputy
Administrator, Assistant Administrator, Reporter Supervisor,
and Assistant Reporter Supervisor shall have an "A" proficiency
rating, by examination, as provided in Section 7.
(b) Administrative personnel appointed under this Section
shall be paid by the State.
(1) In addition to their regular salary as official
court reporters, the administrative personnel appointed
under this Section shall be paid such additional sums as
the employer representative specifies. Such sums shall be
included in the pay schedule adopted pursuant to Section 8.
The additional amounts paid shall reflect the burden of
administrative responsibility borne by the administrative
personnel and the consequent lack of opportunity to produce
transcripts of testimony. The additional amounts paid to
such personnel shall be determined by the employer
representative. not exceed the following:
(A) Administrator of Court Reporters: $20,000 per
year;
(B) Deputy Administrator of Court Reporters:
$15,000 per year;
(C) Assistant Administrators of Court Reporters:
$13,000 per year;
(D) Reporter Supervisors: $10,000 per year.
(E) Assistant Reporter Supervisors: $5,000 per
year.
(2) Each of the administrative, supervisory,
secretarial and other support staff authorized under this
Section shall be paid a salary as determined per year by
the employer representative.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/5) (from Ch. 37, par. 655)
Sec. 5. Means of reporting; transcripts. The court reporter
shall make a full reporting by means of stenographic hand or
machine notes, or a combination thereof, of the evidence and
such other proceedings in trials and judicial proceedings to
which he or she is assigned by the chief judge, and the court
reporter may use an electronic instrument as a supplementary
device. In the event that the court utilizes an audio or video
recording system approved by the Supreme Court to record the
proceedings, a court reporting services employee reporter
shall be in charge of such system; however, the appointment of
a court reporter to be in charge of an audio or video recording
system shall not be required where such system is the judge's
personal property or has been supplied by a party or such
party's attorney. To the extent that it does not substantially
interfere with the court reporter's other official duties, the
judge to whom, or a judge of the division to which, a reporter
may be is assigned may assign a reporter to secretarial or
clerical duties arising out of official court operations.
A court reporting services employee may charge a page rate
for the preparation of transcripts of court proceedings not to
exceed the rate set by the employer representative in the
Uniform Schedule of Charges for Transcripts.
Unless and until otherwise provided in a Uniform Schedule
of Charges which may hereafter be provided by rule or order of
the employer representative, a court reporter may charge not to
exceed 25¢ per 100 words for making transcripts of his notes.
The fees for making transcripts shall be paid in the first
instance by the party in whose behalf such transcript is
ordered and shall be taxed in the suit.
The transcripts shall be filed and remain with the papers
of the case. When the judge trying the case shall, of his own
motion, order a transcript of the court reporter's notes, the
judge may direct the payment of the charges therefor, and the
taxation of the charges as costs in such manner as to him may
seem just. Provided, that the charges for making but one
transcript shall be taxed as costs and the party first ordering
the transcript shall have preference unless it shall be
otherwise ordered by the court.
The change made to this Section by this amendatory Act of
1987 is intended to apply retroactively from and after January
1, 1987.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/6) (from Ch. 37, par. 656)
Sec. 6. Assignment to serve outside of county of
appointment; Travel expenses.
The chief judge may assign a court reporter to serve
anywhere within the circuit in which the court reporter is
appointed. A court reporter shall be paid travel expenses
incurred in connection with his or her official duties in his
or her circuit of appointment outside the county wherein he or
she resides. Subject to regulations which may be adopted by the
employer representative Supreme Court, court reporters shall
be allowed travel expenses when traveling within their county
of residence in connection with their official duties.
The employer representative may assign a court reporter to
temporary service outside his or her own circuit, but within
the jurisdiction of the employer representative, with the
consent of the chief judge of his circuit. A court reporter
shall be paid travel expenses incurred in connection with his
or her official duties during such periods of temporary
assignment.
Expense vouchers shall be submitted to the employer
representative for approval. The expense vouchers or claims
submitted to the Office of the Comptroller for payment employer
representative shall have endorsed thereon the signed approval
of the chief judge of the circuit in which the court reporter
is appointed incurred the expense for which claim is made.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/7) (from Ch. 37, par. 657)
Sec. 7. Proficiency tests. Each Except as otherwise
provided in this Section, each court reporter in office on
January 1, 1966 or appointed on or after that date shall have
taken or shall thereafter take a test to verify rate his or her
proficiency within one year of employment. The test shall be
prepared and administered by the employer representative in
consultation with each of the other employer representatives
pursuant to standards set by rules. A proficiency test passed
prior to employment may be accepted by the chief judge as proof
of proficiency. The test shall consist of three parts
designated Part A, Part B and Part C. If the court reporter in
office on January 1, 1966, or appointed on or after that date,
successfully passes any Part he shall be given a certificate
designating him as an official court reporter. If such court
reporter fails to pass any part, the employer representative
shall so inform the chief judge of the circuit in which the
court reporter serves. Upon receipt of note that a court
reporter has failed to pass any part of the test, the chief
judge may discharge the court reporter or may allow him to
continue until the test is next administered. If, when the test
is next administered, the court reporter fails to pass any part
of the test, he shall be discharged by the chief judge.
The test shall be administered at least every six months if
there are candidates or applicants for the test. Any court
reporter who has passed Part C of the test may apply to take
the Part B or the Part A section of the test at the regular time
such tests are given. If the court reporter successfully
completes Part B or Part A of the test, his proficiency rating
shall be adjusted to reflect passage of the more difficult
Part.
Any court reporter who served as a court reporter in a
circuit court for 5 years immediately preceding January 1, 1966
shall be certified as an official court reporter without
examination, and shall be credited with an "A" proficiency
rating, without examination.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/8) (from Ch. 37, par. 658)
Sec. 8. Salaries.
(a) The salaries of all court reporters shall be paid by
the State. Full-time court reporters shall be paid not less
than $6,000 nor more than $29,500 per year through June 30,
1984. Beginning July 1, 1984, full-time court reporters shall
be paid not less than $6,000 nor more than $31,250 annually.
Beginning July 1, 1985, full-time court reporters shall be paid
not less than $6,000 nor more than $33,250 annually. Beginning
July 1, 1986, full-time court reporters shall be paid not less
than $6,000 nor more than $35,250 annually. Beginning July 1,
1987, full-time court reporters shall be paid not less than
$6,000 nor more than $37,250 annually. Part-time court
reporters shall be paid not less than $12 nor more than $60 per
half-day. The salary of each individual court reporter shall be
computed from a schedule adopted by the employer
representative. The salary schedule shall reflect the
following relevant factors: (1) proficiency rating; (2)
experience; (3) population of the area to which a reporter is
normally assigned; (3-1) court reporters shall receive the same
annual percentage salary increase as provided to other
State-paid non-judicial employees of the Judicial Branch with
equivalent salaries, except that notwithstanding any other
provision of law, salaries of full time court reporters shall
be increased by at least a percentage increase equivalent to
that of the "Employment Cost Index, Wages and Salaries, by
Occupation and Industry Groups, State and Local Government
Workers Public Administration", as published by the Bureau of
Labor Statistics of the U.S. Department of Labor for the
calendar year immediately preceding the year of the respective
July 1st increase date. The increase shall be added to the then
current annual salary and the adjusted salary so determined
shall be the annual salary beginning July 1 of the increase
year until July 1 of the next year; (4) other factors
considered relevant by the employer representative Director.
(b) (Blank).
(c) (Blank). A court reporter who has previously passed, or
who hereafter passes, Part A or Part B of a proficiency test
prepared and administered by the employer representative shall
be credited with an "A" or "B" proficiency rating, as
appropriate.
(d) (Blank). A court reporter who has been credited with an
"A" proficiency rating, without examination, as provided in
Section 7 of this Act, shall receive a salary of $10,000 per
annum. Any increase in the maximum salary payable to reporters
shall not result in any increase for such reporter unless and
until he has passed the proficiency test.
(e) The salaries of all official court reporters employed
by the State shall be paid semi-monthly monthly, from moneys
appropriated to the Comptroller for that purpose, on the
voucher of the chief judge of the circuit employing the court
reporters. The Comptroller may require all salary claims by
part-time reporters to be substantiated by certificates signed
by the reporter and approved by the chief judge of the circuit.
(f) (Blank). The salaries of time share court reporter
positions may be apportioned in the manner provided in Section
3 of this Act.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/8.1)
Sec. 8.1. Appropriation request. Each employer
representative shall make an annual appropriation request in
January to the General Assembly to fund court reporters. When
necessary, an employer representative may request supplemental
appropriations to fund court reporters.
(Source: P.A. 94-98, eff. 7-1-05.)
(705 ILCS 70/8.2)
Sec. 8.2. Collective Supreme Court; collective bargaining.
The employer representatives Supreme Court shall collectively
bargain over wages, hours, and terms and conditions of
employment of all persons employed as court reporting services
employees reporters in this State if so agreed upon by a
majority vote of the employees within each employer group. The
employer representative Supreme Court shall recognize an
exclusive bargaining representative of persons employed as
court reporting services employees reporters in this State, if
that representative makes a showing, through an election or
otherwise, that it represents a majority of the court reporters
within the employer group, in accordance with procedures for
verifying majority status established by the Court.
(Source: P.A. 93-89, eff. 7-2-03.)
(705 ILCS 70/8.5)
Sec. 8.5. Advisory arbitration for collective bargaining.
(a) All matters concerning wages, hours, and terms and
conditions of employment of court reporters are subject to
advisory, non-binding arbitration.
(b) Any party to a collective bargaining agreement with the
exclusive bargaining representative chosen under Section 8.2
may request that any matter concerning wages, hours, or terms
and conditions of employment of court reporters shall be
submitted to advisory, non-binding arbitration and that the
employer representative Supreme Court shall appoint
arbitrators. Upon receiving such a request, the employer
representative Court shall appoint a panel of one or more
arbitrators and submit the matter to the panel for advisory,
non-binding arbitration. The employer representative Court
shall consult with the parties in determining acceptable
arbitrators.
(c) Arbitrators appointed by the employer representative
Supreme Court under this Section are entitled to compensation
and to reimbursement for their reasonable expenses actually
incurred in performing their duties, as provided by rules
adopted by the employer representative Court. Arbitrators'
compensation and reimbursement shall be paid from moneys
appropriated for that purpose.
(d) The employer representative Supreme Court shall create
a roster of arbitrators who are available and qualified for
appointment under this Section, as provided by rules adopted by
the Court.
(Source: P.A. 93-89, eff. 7-2-03.)
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