Rep. Jay Hoffman

Filed: 5/1/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 397

2    AMENDMENT NO. ______. Amend Senate Bill 397 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Court Reporters Act is amended by changing
5Sections 1, 3, 4, 4.1, 5, 6, 7, 8, 8.1, 8.2, and 8.5 as follows:
 
6    (705 ILCS 70/1)  (from Ch. 37, par. 651)
7    Sec. 1. Definitions. In this Act:
8    "Court reporter" means any person appointed by the chief
9judge of any circuit to perform the duties prescribed in
10Section 5 of this Act.
11    "Court reporting services employee" means any person
12employed by a chief judge of any circuit to take the court
13record by stenographic or electronic means. "Court reporting
14services employee" includes administrative personnel as
15permitted by Section 4.1 of this Act.
16    "Employer representative" means, with respect to wages,

 

 

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1fringe benefits, hours, holidays, vacation, proficiency
2examinations, sick leave, and other conditions of employment:
3        (1) For court reporters employed by the Cook County
4    Judicial Circuit Court of Cook County, the chief judge of
5    the Cook County Circuit Court of Cook County.
6        (2) For court reporters employed by the 12th, 18th,
7    19th, and, on and after December 4, 2006, the 22nd judicial
8    circuits, a group consisting of the chief judges of those
9    circuits, acting jointly by majority vote.
10        (3) For court reporters employed by all other judicial
11    circuits, the chief judges of those circuits, acting
12    jointly by majority vote.
13    The chief judge of the judicial circuit that employs a
14public employee who is a court reporter, as defined in this the
15Court Reporters Act, has the authority to hire, appoint,
16promote, evaluate, discipline, and discharge court reporters
17within that judicial circuit.
18(Source: P.A. 94-98, eff. 7-1-05.)
 
19    (705 ILCS 70/3)  (from Ch. 37, par. 653)
20    Sec. 3. Number; determination and certification. The
21number of full-time and part-time court reporters that may be
22appointed in each circuit shall be determined by the employer
23representative. In determining how many court reporters are
24needed in each circuit the employer representative shall
25consider the following factors: (1) case loads in the circuit;

 

 

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1(2) the number of associate judges and circuit judges in the
2circuit; (3) (blank) the number and location in the circuit of
3major federal and state highways; (4) (blank) the location in
4the circuit of state police highway truck weighing stations;
5(5) (blank) the relationship of urban population to large
6metropolitan centers in the various counties of the circuit;
7(6) (blank) the location in the circuit of state institutions
8including, but not limited to, universities, colleges, mental
9health facilities, penitentiaries; (7) (blank) the number of
10cities and towns within each circuit in which regular court
11sessions are held and the distance in road miles between each;
12and (8) any other factor deemed relevant by the employer
13representative.
14    The employer representative may, as the need arises,
15increase or lower the number of such court reporters so
16authorized.
17    The Chief Judge of each circuit may designate any number of
18approved full-time court reporter positions as time share
19positions. For the purposes of this Act, "time share position"
20means a full-time court reporter position that is divided among
212 or more court reporters with the full-time salary and
22benefits being apportioned among the court reporters in the
23same percentage as the duties of the full-time position are
24apportioned.
25(Source: P.A. 94-98, eff. 7-1-05.)
 

 

 

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1    (705 ILCS 70/4)  (from Ch. 37, par. 654)
2    Sec. 4. Appointment; oath. The chief judge may appoint all
3or any of the number of court reporters authorized by Section 3
4of this Act. The court reporters so appointed shall serve at
5the direction of the chief judge and may be removed by the
6chief judge.
7    Each court reporter appointed shall, before entering upon
8the duties of his or her office, take the official oath to
9faithfully discharge the duties of his or her office to the
10best of his or her knowledge and ability.
11    The appointments shall be in writing and shall be filed
12with the Clerk of the Circuit Court of the circuit in which the
13court reporters are employed and shall continue in force until
14revoked by the chief judge of the circuit in which the court
15reporter is appointed.
16(Source: P.A. 94-98, eff. 7-1-05.)
 
17    (705 ILCS 70/4.1)  (from Ch. 37, par. 654.1)
18    Sec. 4.1. Appointment and salary of administrative
19personnel.
20    (a) The employer representative may authorize the chief
21judge of any single county circuit to appoint administrative,
22supervisory, and clerical staff when a need for such positions
23has been substantiated, except that in Cook County, supervisory
24and administrative personnel shall be appointed from among the
25court reporting services' pool of employees when such a need

 

 

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1has been substantiated in which official court reporting
2services are centrally administered, (1) to appoint from among
3the court reporters appointed in the circuit an Administrator
4of Court Reporters, a Deputy Administrator of Court Reporters
5and 2 Assistant Administrators of Court Reporters, (2) to
6designate from among the court reporters appointed in the
7circuit one Reporter Supervisor and one Assistant Reporter
8Supervisor for each Department and Division of the circuit
9court, and (3) to appoint secretarial and other support staff
10to assist the Administrator. Each Administrator, Deputy
11Administrator, Assistant Administrator, Reporter Supervisor,
12and Assistant Reporter Supervisor shall have an "A" proficiency
13rating, by examination, as provided in Section 7.
14    (b) Administrative personnel appointed under this Section
15shall be paid by the State.
16        (1) In addition to their regular salary as official
17    court reporters, the administrative personnel appointed
18    under this Section shall be paid such additional sums as
19    the employer representative specifies. Such sums shall be
20    included in the pay schedule adopted pursuant to Section 8.
21    The additional amounts paid shall reflect the burden of
22    administrative responsibility borne by the administrative
23    personnel and the consequent lack of opportunity to produce
24    transcripts of testimony. The additional amounts paid to
25    such personnel shall be determined by the employer
26    representative. not exceed the following:

 

 

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1            (A) Administrator of Court Reporters: $20,000 per
2        year;
3            (B) Deputy Administrator of Court Reporters:
4        $15,000 per year;
5            (C) Assistant Administrators of Court Reporters:
6        $13,000 per year;
7            (D) Reporter Supervisors: $10,000 per year.
8            (E) Assistant Reporter Supervisors: $5,000 per
9        year.
10        (2) Each of the administrative, supervisory,
11    secretarial and other support staff authorized under this
12    Section shall be paid a salary as determined per year by
13    the employer representative.
14(Source: P.A. 94-98, eff. 7-1-05.)
 
15    (705 ILCS 70/5)  (from Ch. 37, par. 655)
16    Sec. 5. Means of reporting; transcripts. The court reporter
17shall make a full reporting by means of stenographic hand or
18machine notes, or a combination thereof, of the evidence and
19such other proceedings in trials and judicial proceedings to
20which he or she is assigned by the chief judge, and the court
21reporter may use an electronic instrument as a supplementary
22device. In the event that the court utilizes an audio or video
23recording system approved by the Supreme Court to record the
24proceedings, a court reporting services employee reporter
25shall be in charge of such system; however, the appointment of

 

 

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1a court reporter to be in charge of an audio or video recording
2system shall not be required where such system is the judge's
3personal property or has been supplied by a party or such
4party's attorney. To the extent that it does not substantially
5interfere with the court reporter's other official duties, the
6judge to whom, or a judge of the division to which, a reporter
7may be is assigned may assign a reporter to secretarial or
8clerical duties arising out of official court operations.
9    A court reporting services employee may charge a page rate
10for the preparation of transcripts of court proceedings not to
11exceed the rate set by the employer representative in the
12Uniform Schedule of Charges for Transcripts.
13    Unless and until otherwise provided in a Uniform Schedule
14of Charges which may hereafter be provided by rule or order of
15the employer representative, a court reporter may charge not to
16exceed 25¢ per 100 words for making transcripts of his notes.
17The fees for making transcripts shall be paid in the first
18instance by the party in whose behalf such transcript is
19ordered and shall be taxed in the suit.
20    The transcripts shall be filed and remain with the papers
21of the case. When the judge trying the case shall, of his own
22motion, order a transcript of the court reporter's notes, the
23judge may direct the payment of the charges therefor, and the
24taxation of the charges as costs in such manner as to him may
25seem just. Provided, that the charges for making but one
26transcript shall be taxed as costs and the party first ordering

 

 

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1the transcript shall have preference unless it shall be
2otherwise ordered by the court.
3    The change made to this Section by this amendatory Act of
41987 is intended to apply retroactively from and after January
51, 1987.
6(Source: P.A. 94-98, eff. 7-1-05.)
 
7    (705 ILCS 70/6)  (from Ch. 37, par. 656)
8    Sec. 6. Assignment to serve outside of county of
9appointment; Travel expenses.
10    The chief judge may assign a court reporter to serve
11anywhere within the circuit in which the court reporter is
12appointed. A court reporter shall be paid travel expenses
13incurred in connection with his or her official duties in his
14or her circuit of appointment outside the county wherein he or
15she resides. Subject to regulations which may be adopted by the
16employer representative Supreme Court, court reporters shall
17be allowed travel expenses when traveling within their county
18of residence in connection with their official duties.
19    The employer representative may assign a court reporter to
20temporary service outside his or her own circuit, but within
21the jurisdiction of the employer representative, with the
22consent of the chief judge of his circuit. A court reporter
23shall be paid travel expenses incurred in connection with his
24or her official duties during such periods of temporary
25assignment.

 

 

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1    Expense vouchers shall be submitted to the employer
2representative for approval. The expense vouchers or claims
3submitted to the Office of the Comptroller for payment employer
4representative shall have endorsed thereon the signed approval
5of the chief judge of the circuit in which the court reporter
6is appointed incurred the expense for which claim is made.
7(Source: P.A. 94-98, eff. 7-1-05.)
 
8    (705 ILCS 70/7)  (from Ch. 37, par. 657)
9    Sec. 7. Proficiency tests. Each Except as otherwise
10provided in this Section, each court reporter in office on
11January 1, 1966 or appointed on or after that date shall have
12taken or shall thereafter take a test to verify rate his or her
13proficiency within one year of employment. The test shall be
14prepared and administered by the employer representative in
15consultation with each of the other employer representatives
16pursuant to standards set by rules. A proficiency test passed
17prior to employment may be accepted by the chief judge as proof
18of proficiency. The test shall consist of three parts
19designated Part A, Part B and Part C. If the court reporter in
20office on January 1, 1966, or appointed on or after that date,
21successfully passes any Part he shall be given a certificate
22designating him as an official court reporter. If such court
23reporter fails to pass any part, the employer representative
24shall so inform the chief judge of the circuit in which the
25court reporter serves. Upon receipt of note that a court

 

 

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1reporter has failed to pass any part of the test, the chief
2judge may discharge the court reporter or may allow him to
3continue until the test is next administered. If, when the test
4is next administered, the court reporter fails to pass any part
5of the test, he shall be discharged by the chief judge.
6    The test shall be administered at least every six months if
7there are candidates or applicants for the test. Any court
8reporter who has passed Part C of the test may apply to take
9the Part B or the Part A section of the test at the regular time
10such tests are given. If the court reporter successfully
11completes Part B or Part A of the test, his proficiency rating
12shall be adjusted to reflect passage of the more difficult
13Part.
14    Any court reporter who served as a court reporter in a
15circuit court for 5 years immediately preceding January 1, 1966
16shall be certified as an official court reporter without
17examination, and shall be credited with an "A" proficiency
18rating, without examination.
19(Source: P.A. 94-98, eff. 7-1-05.)
 
20    (705 ILCS 70/8)  (from Ch. 37, par. 658)
21    Sec. 8. Salaries.
22    (a) The salaries of all court reporters shall be paid by
23the State. Full-time court reporters shall be paid not less
24than $6,000 nor more than $29,500 per year through June 30,
251984. Beginning July 1, 1984, full-time court reporters shall

 

 

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1be paid not less than $6,000 nor more than $31,250 annually.
2Beginning July 1, 1985, full-time court reporters shall be paid
3not less than $6,000 nor more than $33,250 annually. Beginning
4July 1, 1986, full-time court reporters shall be paid not less
5than $6,000 nor more than $35,250 annually. Beginning July 1,
61987, full-time court reporters shall be paid not less than
7$6,000 nor more than $37,250 annually. Part-time court
8reporters shall be paid not less than $12 nor more than $60 per
9half-day. The salary of each individual court reporter shall be
10computed from a schedule adopted by the employer
11representative. The salary schedule shall reflect the
12following relevant factors: (1) proficiency rating; (2)
13experience; (3) population of the area to which a reporter is
14normally assigned; (3-1) court reporters shall receive the same
15annual percentage salary increase as provided to other
16State-paid non-judicial employees of the Judicial Branch with
17equivalent salaries, except that notwithstanding any other
18provision of law, salaries of full time court reporters shall
19be increased by at least a percentage increase equivalent to
20that of the "Employment Cost Index, Wages and Salaries, by
21Occupation and Industry Groups, State and Local Government
22Workers Public Administration", as published by the Bureau of
23Labor Statistics of the U.S. Department of Labor for the
24calendar year immediately preceding the year of the respective
25July 1st increase date. The increase shall be added to the then
26current annual salary and the adjusted salary so determined

 

 

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1shall be the annual salary beginning July 1 of the increase
2year until July 1 of the next year; (4) other factors
3considered relevant by the employer representative Director.
4    (b) (Blank).
5    (c) (Blank). A court reporter who has previously passed, or
6who hereafter passes, Part A or Part B of a proficiency test
7prepared and administered by the employer representative shall
8be credited with an "A" or "B" proficiency rating, as
9appropriate.
10    (d) (Blank). A court reporter who has been credited with an
11"A" proficiency rating, without examination, as provided in
12Section 7 of this Act, shall receive a salary of $10,000 per
13annum. Any increase in the maximum salary payable to reporters
14shall not result in any increase for such reporter unless and
15until he has passed the proficiency test.
16    (e) The salaries of all official court reporters employed
17by the State shall be paid semi-monthly monthly, from moneys
18appropriated to the Comptroller for that purpose, on the
19voucher of the chief judge of the circuit employing the court
20reporters. The Comptroller may require all salary claims by
21part-time reporters to be substantiated by certificates signed
22by the reporter and approved by the chief judge of the circuit.
23    (f) (Blank). The salaries of time share court reporter
24positions may be apportioned in the manner provided in Section
253 of this Act.
26(Source: P.A. 94-98, eff. 7-1-05.)
 

 

 

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1    (705 ILCS 70/8.1)
2    Sec. 8.1. Appropriation request. Each employer
3representative shall make an annual appropriation request in
4January to the General Assembly to fund court reporters. When
5necessary, an employer representative may request supplemental
6appropriations to fund court reporters.
7(Source: P.A. 94-98, eff. 7-1-05.)
 
8    (705 ILCS 70/8.2)
9    Sec. 8.2. Collective Supreme Court; collective bargaining.
10The employer representatives Supreme Court shall collectively
11bargain over wages, hours, and terms and conditions of
12employment of all persons employed as court reporting services
13employees reporters in this State if so agreed upon by a
14majority vote of the employees within each employer group. The
15employer representative Supreme Court shall recognize an
16exclusive bargaining representative of persons employed as
17court reporting services employees reporters in this State, if
18that representative makes a showing, through an election or
19otherwise, that it represents a majority of the court reporters
20within the employer group, in accordance with procedures for
21verifying majority status established by the Court.
22(Source: P.A. 93-89, eff. 7-2-03.)
 
23    (705 ILCS 70/8.5)

 

 

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1    Sec. 8.5. Advisory arbitration for collective bargaining.
2    (a) All matters concerning wages, hours, and terms and
3conditions of employment of court reporters are subject to
4advisory, non-binding arbitration.
5    (b) Any party to a collective bargaining agreement with the
6exclusive bargaining representative chosen under Section 8.2
7may request that any matter concerning wages, hours, or terms
8and conditions of employment of court reporters shall be
9submitted to advisory, non-binding arbitration and that the
10employer representative Supreme Court shall appoint
11arbitrators. Upon receiving such a request, the employer
12representative Court shall appoint a panel of one or more
13arbitrators and submit the matter to the panel for advisory,
14non-binding arbitration. The employer representative Court
15shall consult with the parties in determining acceptable
16arbitrators.
17    (c) Arbitrators appointed by the employer representative
18Supreme Court under this Section are entitled to compensation
19and to reimbursement for their reasonable expenses actually
20incurred in performing their duties, as provided by rules
21adopted by the employer representative Court. Arbitrators'
22compensation and reimbursement shall be paid from moneys
23appropriated for that purpose.
24    (d) The employer representative Supreme Court shall create
25a roster of arbitrators who are available and qualified for
26appointment under this Section, as provided by rules adopted by

 

 

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1the Court.
2(Source: P.A. 93-89, eff. 7-2-03.)".