Sen. Elgie R. Sims, Jr.

Filed: 3/25/2019

 

 


 

 


 
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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    "Employer representative" means, with respect to wages,
12fringe benefits, hours, holidays, vacation, proficiency
13examinations, sick leave, and other conditions of employment:
14        (1) For court reporters employed by the Cook County
15    Judicial Circuit Court of Cook County, the chief judge of
16    the Cook County Circuit Court of Cook County.

 

 

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

 

 

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1metropolitan centers in the various counties of the circuit;
2(6) (blank) the location in the circuit of state institutions
3including, but not limited to, universities, colleges, mental
4health facilities, penitentiaries; (7) (blank) the number of
5cities and towns within each circuit in which regular court
6sessions are held and the distance in road miles between each;
7and (8) any other factor deemed relevant by the employer
8representative.
9    The employer representative may, as the need arises,
10increase or lower the number of such court reporters so
11authorized.
12    The Chief Judge of each circuit may designate any number of
13approved full-time court reporter positions as time share
14positions. For the purposes of this Act, "time share position"
15means a full-time court reporter position that is divided among
162 or more court reporters with the full-time salary and
17benefits being apportioned among the court reporters in the
18same percentage as the duties of the full-time position are
19apportioned.
20(Source: P.A. 94-98, eff. 7-1-05.)
 
21    (705 ILCS 70/4)  (from Ch. 37, par. 654)
22    Sec. 4. Appointment; oath. The chief judge may appoint all
23or any of the number of court reporters authorized by Section 3
24of this Act. The court reporters so appointed shall serve at
25the direction of the chief judge and may be removed by the

 

 

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1chief judge.
2    Each court reporter appointed shall, before entering upon
3the duties of his or her office, take the official oath to
4faithfully discharge the duties of his or her office to the
5best of his or her knowledge and ability.
6    The appointments shall be in writing and shall be filed
7with the Clerk of the Circuit Court of the circuit in which the
8court reporters are employed and shall continue in force until
9revoked by the chief judge of the circuit in which the court
10reporter is appointed.
11(Source: P.A. 94-98, eff. 7-1-05.)
 
12    (705 ILCS 70/4.1)  (from Ch. 37, par. 654.1)
13    Sec. 4.1. Appointment and salary of administrative
14personnel.
15    (a) The employer representative may authorize the chief
16judge of any single county circuit to appoint administrative,
17supervisory, and clerical staff when a need for such positions
18has been substantiated in which official court reporting
19services are centrally administered, (1) to appoint from among
20the court reporters appointed in the circuit an Administrator
21of Court Reporters, a Deputy Administrator of Court Reporters
22and 2 Assistant Administrators of Court Reporters, (2) to
23designate from among the court reporters appointed in the
24circuit one Reporter Supervisor and one Assistant Reporter
25Supervisor for each Department and Division of the circuit

 

 

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1court, and (3) to appoint secretarial and other support staff
2to assist the Administrator. Each Administrator, Deputy
3Administrator, Assistant Administrator, Reporter Supervisor,
4and Assistant Reporter Supervisor shall have an "A" proficiency
5rating, by examination, as provided in Section 7.
6    (b) Administrative personnel appointed under this Section
7shall be paid by the State.
8        (1) In addition to their regular salary as official
9    court reporters, the administrative personnel appointed
10    under this Section shall be paid such additional sums as
11    the employer representative specifies. Such sums shall be
12    included in the pay schedule adopted pursuant to Section 8.
13    The additional amounts paid shall reflect the burden of
14    administrative responsibility borne by the administrative
15    personnel and the consequent lack of opportunity to produce
16    transcripts of testimony. The additional amounts paid to
17    such personnel shall be determined by the employer
18    representative. not exceed the following:
19            (A) Administrator of Court Reporters: $20,000 per
20        year;
21            (B) Deputy Administrator of Court Reporters:
22        $15,000 per year;
23            (C) Assistant Administrators of Court Reporters:
24        $13,000 per year;
25            (D) Reporter Supervisors: $10,000 per year.
26            (E) Assistant Reporter Supervisors: $5,000 per

 

 

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1        year.
2        (2) Each of the administrative, supervisory,
3    secretarial and other support staff authorized under this
4    Section shall be paid a salary as determined per year by
5    the employer representative.
6(Source: P.A. 94-98, eff. 7-1-05.)
 
7    (705 ILCS 70/5)  (from Ch. 37, par. 655)
8    Sec. 5. Means of reporting; transcripts. The court reporter
9shall make a full reporting by means of stenographic hand or
10machine notes, or a combination thereof, of the evidence and
11such other proceedings in trials and judicial proceedings to
12which he or she is assigned by the chief judge, and the court
13reporter may use an electronic instrument as a supplementary
14device. In the event that the court utilizes an audio or video
15recording system approved by the Supreme Court to record the
16proceedings, a court reporting services employee reporter
17shall be in charge of such system; however, the appointment of
18a court reporter to be in charge of an audio or video recording
19system shall not be required where such system is the judge's
20personal property or has been supplied by a party or such
21party's attorney. To the extent that it does not substantially
22interfere with the court reporter's other official duties, the
23judge to whom, or a judge of the division to which, a reporter
24may be is assigned may assign a reporter to secretarial or
25clerical duties arising out of official court operations.

 

 

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1    A court reporting services employee may charge a page rate
2for the preparation of transcripts of court proceedings not to
3exceed the rate set by the employer representative in the
4Uniform Schedule of Charges for Transcripts.
5    Unless and until otherwise provided in a Uniform Schedule
6of Charges which may hereafter be provided by rule or order of
7the employer representative, a court reporter may charge not to
8exceed 25¢ per 100 words for making transcripts of his notes.
9The fees for making transcripts shall be paid in the first
10instance by the party in whose behalf such transcript is
11ordered and shall be taxed in the suit.
12    The transcripts shall be filed and remain with the papers
13of the case. When the judge trying the case shall, of his own
14motion, order a transcript of the court reporter's notes, the
15judge may direct the payment of the charges therefor, and the
16taxation of the charges as costs in such manner as to him may
17seem just. Provided, that the charges for making but one
18transcript shall be taxed as costs and the party first ordering
19the transcript shall have preference unless it shall be
20otherwise ordered by the court.
21    The change made to this Section by this amendatory Act of
221987 is intended to apply retroactively from and after January
231, 1987.
24(Source: P.A. 94-98, eff. 7-1-05.)
 
25    (705 ILCS 70/6)  (from Ch. 37, par. 656)

 

 

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1    Sec. 6. Assignment to serve outside of county of
2appointment; Travel expenses.
3    The chief judge may assign a court reporter to serve
4anywhere within the circuit in which the court reporter is
5appointed. A court reporter shall be paid travel expenses
6incurred in connection with his or her official duties in his
7or her circuit of appointment outside the county wherein he or
8she resides. Subject to regulations which may be adopted by the
9employer representative Supreme Court, court reporters shall
10be allowed travel expenses when traveling within their county
11of residence in connection with their official duties.
12    The employer representative may assign a court reporter to
13temporary service outside his or her own circuit, but within
14the jurisdiction of the employer representative, with the
15consent of the chief judge of his circuit. A court reporter
16shall be paid travel expenses incurred in connection with his
17or her official duties during such periods of temporary
18assignment.
19    Expense vouchers shall be submitted to the employer
20representative for approval. The expense vouchers or claims
21submitted to the Office of the Comptroller for payment employer
22representative shall have endorsed thereon the signed approval
23of the chief judge of the circuit in which the court reporter
24is appointed incurred the expense for which claim is made.
25(Source: P.A. 94-98, eff. 7-1-05.)
 

 

 

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1    (705 ILCS 70/7)  (from Ch. 37, par. 657)
2    Sec. 7. Proficiency tests. Each Except as otherwise
3provided in this Section, each court reporter in office on
4January 1, 1966 or appointed on or after that date shall have
5taken or shall thereafter take a test to verify rate his or her
6proficiency within one year of employment. The test shall be
7prepared and administered by the employer representative in
8consultation with each of the other employer representatives
9pursuant to standards set by rules. A proficiency test passed
10prior to employment may be accepted by the chief judge as proof
11of proficiency. The test shall consist of three parts
12designated Part A, Part B and Part C. If the court reporter in
13office on January 1, 1966, or appointed on or after that date,
14successfully passes any Part he shall be given a certificate
15designating him as an official court reporter. If such court
16reporter fails to pass any part, the employer representative
17shall so inform the chief judge of the circuit in which the
18court reporter serves. Upon receipt of note that a court
19reporter has failed to pass any part of the test, the chief
20judge may discharge the court reporter or may allow him to
21continue until the test is next administered. If, when the test
22is next administered, the court reporter fails to pass any part
23of the test, he shall be discharged by the chief judge.
24    The test shall be administered at least every six months if
25there are candidates or applicants for the test. Any court
26reporter who has passed Part C of the test may apply to take

 

 

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1the Part B or the Part A section of the test at the regular time
2such tests are given. If the court reporter successfully
3completes Part B or Part A of the test, his proficiency rating
4shall be adjusted to reflect passage of the more difficult
5Part.
6    Any court reporter who served as a court reporter in a
7circuit court for 5 years immediately preceding January 1, 1966
8shall be certified as an official court reporter without
9examination, and shall be credited with an "A" proficiency
10rating, without examination.
11(Source: P.A. 94-98, eff. 7-1-05.)
 
12    (705 ILCS 70/8)  (from Ch. 37, par. 658)
13    Sec. 8. Salaries.
14    (a) The salaries of all court reporters shall be paid by
15the State. Full-time court reporters shall be paid not less
16than $6,000 nor more than $29,500 per year through June 30,
171984. Beginning July 1, 1984, full-time court reporters shall
18be paid not less than $6,000 nor more than $31,250 annually.
19Beginning July 1, 1985, full-time court reporters shall be paid
20not less than $6,000 nor more than $33,250 annually. Beginning
21July 1, 1986, full-time court reporters shall be paid not less
22than $6,000 nor more than $35,250 annually. Beginning July 1,
231987, full-time court reporters shall be paid not less than
24$6,000 nor more than $37,250 annually. Part-time court
25reporters shall be paid not less than $12 nor more than $60 per

 

 

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1half-day. The salary of each individual court reporter shall be
2computed from a schedule adopted by the employer
3representative. The salary schedule shall reflect the
4following relevant factors: (1) proficiency rating; (2)
5experience; (3) population of the area to which a reporter is
6normally assigned; (3-1) court reporters shall receive the same
7annual percentage salary increase as provided to other
8State-paid non-judicial employees of the Judicial Branch with
9equivalent salaries, except that notwithstanding any other
10provision of law, salaries of full time court reporters shall
11be increased by at least a percentage increase equivalent to
12that of the "Employment Cost Index, Wages and Salaries, by
13Occupation and Industry Groups, State and Local Government
14Workers Public Administration", as published by the Bureau of
15Labor Statistics of the U.S. Department of Labor for the
16calendar year immediately preceding the year of the respective
17July 1st increase date. The increase shall be added to the then
18current annual salary and the adjusted salary so determined
19shall be the annual salary beginning July 1 of the increase
20year until July 1 of the next year; (4) other factors
21considered relevant by the employer representative Director.
22    (b) (Blank).
23    (c) (Blank). A court reporter who has previously passed, or
24who hereafter passes, Part A or Part B of a proficiency test
25prepared and administered by the employer representative shall
26be credited with an "A" or "B" proficiency rating, as

 

 

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1appropriate.
2    (d) (Blank). A court reporter who has been credited with an
3"A" proficiency rating, without examination, as provided in
4Section 7 of this Act, shall receive a salary of $10,000 per
5annum. Any increase in the maximum salary payable to reporters
6shall not result in any increase for such reporter unless and
7until he has passed the proficiency test.
8    (e) The salaries of all official court reporters employed
9by the State shall be paid semi-monthly monthly, from moneys
10appropriated to the Comptroller for that purpose, on the
11voucher of the chief judge of the circuit employing the court
12reporters. The Comptroller may require all salary claims by
13part-time reporters to be substantiated by certificates signed
14by the reporter and approved by the chief judge of the circuit.
15    (f) (Blank). The salaries of time share court reporter
16positions may be apportioned in the manner provided in Section
173 of this Act.
18(Source: P.A. 94-98, eff. 7-1-05.)
 
19    (705 ILCS 70/8.1)
20    Sec. 8.1. Appropriation request. Each employer
21representative shall make an annual appropriation request in
22January to the General Assembly to fund court reporters. When
23necessary, an employer representative may request supplemental
24appropriations to fund court reporters.
25(Source: P.A. 94-98, eff. 7-1-05.)
 

 

 

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1    (705 ILCS 70/8.2)
2    Sec. 8.2. Collective Supreme Court; collective bargaining.
3The employer representatives Supreme Court shall collectively
4bargain over wages, hours, and terms and conditions of
5employment of all persons employed as court reporters in this
6State if so agreed upon by a majority vote of the employees
7within each employer group. The employer representative
8Supreme Court shall recognize an exclusive bargaining
9representative of persons employed as court reporters in this
10State, if that representative makes a showing, through an
11election or otherwise, that it represents a majority of the
12court reporters within the employer group, in accordance with
13procedures for verifying majority status established by the
14Court.
15(Source: P.A. 93-89, eff. 7-2-03.)
 
16    (705 ILCS 70/8.5)
17    Sec. 8.5. Advisory arbitration for collective bargaining.
18    (a) All matters concerning wages, hours, and terms and
19conditions of employment of court reporters are subject to
20advisory, non-binding arbitration.
21    (b) Any party to a collective bargaining agreement with the
22exclusive bargaining representative chosen under Section 8.2
23may request that any matter concerning wages, hours, or terms
24and conditions of employment of court reporters shall be

 

 

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1submitted to advisory, non-binding arbitration and that the
2employer representative Supreme Court shall appoint
3arbitrators. Upon receiving such a request, the employer
4representative Court shall appoint a panel of one or more
5arbitrators and submit the matter to the panel for advisory,
6non-binding arbitration. The employer representative Court
7shall consult with the parties in determining acceptable
8arbitrators.
9    (c) Arbitrators appointed by the employer representative
10Supreme Court under this Section are entitled to compensation
11and to reimbursement for their reasonable expenses actually
12incurred in performing their duties, as provided by rules
13adopted by the employer representative Court. Arbitrators'
14compensation and reimbursement shall be paid from moneys
15appropriated for that purpose.
16    (d) The employer representative Supreme Court shall create
17a roster of arbitrators who are available and qualified for
18appointment under this Section, as provided by rules adopted by
19the Court.
20(Source: P.A. 93-89, eff. 7-2-03.)".