093_HB1088

 
                                     LRB093 03370 RCE 08220 b

 1        AN ACT in relation to court reporters.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Public Labor  Relations  Act  is
 5    amended  by  changing Sections 3 and 4 and adding Section 2.5
 6    as follows:

 7        (5 ILCS 315/2.5 new)
 8        Sec. 2.5.  Findings and  declarations;  court  reporters.
 9    The General Assembly finds and declares:
10        (1)  It is the public policy of the State of Illinois and
11    the  intent  of  the  General  Assembly that State employees,
12    including the Illinois official  certified  court  reporters,
13    are  granted collective bargaining rights as provided in this
14    Act.
15        (2)  The Illinois Supreme Court in the case  of  AOIC  v.
16    Teamsters  726 ruled that the Illinois Public Labor Relations
17    Board  could  not  assert  jurisdiction  over  the   Illinois
18    official  certified court reporters because the Supreme Court
19    is their co-employer together with the Chief Judges  of  each
20    judicial circuit.
21        (3)  As  a  result  of  the Supreme Court's decision, the
22    Illinois official certified court reporters have been  denied
23    the   labor   rights  afforded  all  other  State  employees,
24    including the rights to organize, to  obtain  recognition  of
25    their  chosen  collective  bargaining  representative, and to
26    negotiate with respect to the wages, terms, and conditions of
27    their employment.
28        (4)  The General Assembly intends to create  a  statutory
29    framework to allow Illinois official court reporters to enjoy
30    the same collective bargaining and other labor rights granted
31    to other public employees.
 
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 1        (5)  Senate Resolution 431 and House Resolution 706, both
 2    of  the  92nd General Assembly, were adopted, and in enacting
 3    this amendatory Act of the 93rd General Assembly, the General
 4    Assembly is implementing the intent of those resolutions.

 5        (5 ILCS 315/3) (from Ch. 48, par. 1603)
 6        Sec. 3.  Definitions.  As used in this  Act,  unless  the
 7    context otherwise requires:
 8        (a)  "Board" means the Illinois Labor Relations Board or,
 9    with  respect  to a matter over which the jurisdiction of the
10    Board is assigned to the State Panel or the Local Panel under
11    Section 5, the panel having jurisdiction over the matter.
12        (b)  "Collective bargaining" means bargaining over  terms
13    and  conditions  of  employment,  including hours, wages, and
14    other conditions of employment, as detailed in Section 7  and
15    which are not excluded by Section 4.
16        (c)  "Confidential  employee"  means  an employee who, in
17    the regular course of his or her duties, assists and acts  in
18    a  confidential capacity to persons who formulate, determine,
19    and effectuate  management  policies  with  regard  to  labor
20    relations or who, in the regular course of his or her duties,
21    has   authorized   access  to  information  relating  to  the
22    effectuation  or  review   of   the   employer's   collective
23    bargaining policies.
24        (d)  "Craft  employees"  means skilled journeymen, crafts
25    persons, and their apprentices and helpers.
26        (e)  "Essential services employees"  means  those  public
27    employees   performing   functions   so  essential  that  the
28    interruption or termination of the function will constitute a
29    clear and present danger to the  health  and  safety  of  the
30    persons in the affected community.
31        (f)  "Exclusive  representative",  except with respect to
32    non-State fire  fighters  and  paramedics  employed  by  fire
33    departments  and  fire  protection districts, non-State peace
 
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 1    officers, and peace  officers  in  the  Department  of  State
 2    Police,  means  the  labor  organization  that  has  been (i)
 3    designated by the Board as the representative of  a  majority
 4    of  public  employees  in  an  appropriate bargaining unit in
 5    accordance with the procedures contained in  this  Act,  (ii)
 6    historically  recognized  by  the  State  of  Illinois or any
 7    political subdivision of the State before July 1,  1984  (the
 8    effective  date  of this Act) as the exclusive representative
 9    of the employees in an appropriate bargaining unit, or  (iii)
10    after   July  1,  1984  (the  effective  date  of  this  Act)
11    recognized by an employer upon evidence,  acceptable  to  the
12    Board, that the labor organization has been designated as the
13    exclusive representative by a majority of the employees in an
14    appropriate bargaining unit.
15        With  respect  to  non-State fire fighters and paramedics
16    employed by fire departments and fire  protection  districts,
17    non-State   peace   officers,   and  peace  officers  in  the
18    Department of State Police, "exclusive representative"  means
19    the  labor  organization  that has been (i) designated by the
20    Board as the representative of a majority of  peace  officers
21    or  fire  fighters  in  an  appropriate  bargaining  unit  in
22    accordance  with  the  procedures contained in this Act, (ii)
23    historically recognized by  the  State  of  Illinois  or  any
24    political  subdivision  of  the  State before January 1, 1986
25    (the effective date of this amendatory Act of  1985)  as  the
26    exclusive  representative by a majority of the peace officers
27    or fire fighters in an appropriate bargaining unit, or  (iii)
28    after  January 1, 1986 (the effective date of this amendatory
29    Act  of  1985)  recognized  by  an  employer  upon  evidence,
30    acceptable to the Board, that the labor organization has been
31    designated as the exclusive representative by a  majority  of
32    the  peace  officers  or  fire  fighters  in  an  appropriate
33    bargaining unit.
34        (g)  "Fair  share  agreement"  means an agreement between
 
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 1    the employer and an employee organization under which all  or
 2    any  of  the  employees  in  a collective bargaining unit are
 3    required to pay their proportionate share of the costs of the
 4    collective bargaining process, contract  administration,  and
 5    pursuing matters affecting wages, hours, and other conditions
 6    of employment, but not to exceed the amount of dues uniformly
 7    required  of  members.  The amount certified by the exclusive
 8    representative shall not include any fees  for  contributions
 9    related  to  the  election  or  support  of any candidate for
10    political  office.  Nothing  in  this  subsection  (g)  shall
11    preclude  an  employee  from   making   voluntary   political
12    contributions  in  conjunction  with  his  or  her fair share
13    payment.
14        (g-1)  "Fire fighter" means, for the purposes of this Act
15    only, any person who has been or is hereafter appointed to  a
16    fire  department or fire protection district or employed by a
17    state university and sworn or commissioned  to  perform  fire
18    fighter duties or paramedic duties, except that the following
19    persons are not included: part-time fire fighters, auxiliary,
20    reserve  or  voluntary  fire fighters, including paid on-call
21    fire fighters,  clerks  and  dispatchers  or  other  civilian
22    employees  of  a  fire department or fire protection district
23    who are  not  routinely  expected  to  perform  fire  fighter
24    duties, or elected officials.
25        (g-2)  "General  Assembly of the State of Illinois" means
26    the legislative branch of the  government  of  the  State  of
27    Illinois,   as   provided   for   under  Article  IV  of  the
28    Constitution of the State of Illinois, and  includes  but  is
29    not  limited to the House of Representatives, the Senate, the
30    Speaker of the House of Representatives, the Minority  Leader
31    of the House of Representatives, the President of the Senate,
32    the  Minority  Leader  of  the Senate, the Joint Committee on
33    Legislative Support  Services  and  any  legislative  support
34    services   agency   listed   in  the  Legislative  Commission
 
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 1    Reorganization Act of 1984.
 2        (h)  "Governing body" means, in the case  of  the  State,
 3    the  State  Panel  of the Illinois Labor Relations Board, the
 4    Director of the Department of  Central  Management  Services,
 5    and the Director of the Department of Labor; the county board
 6    in  the  case  of  a county; the corporate authorities in the
 7    case of a municipality; and the appropriate  body  authorized
 8    to  provide  for expenditures of its funds in the case of any
 9    other unit of government.
10        (i)  "Labor organization" means any organization in which
11    public employees participate and that exists for the purpose,
12    in whole or in  part,  of  dealing  with  a  public  employer
13    concerning  wages,  hours,  and other terms and conditions of
14    employment, including the settlement of grievances.
15        (j)  "Managerial employee" means  an  individual  who  is
16    engaged  predominantly  in executive and management functions
17    and is charged  with  the  responsibility  of  directing  the
18    effectuation of management policies and practices.
19        (k)  "Peace  officer" means, for the purposes of this Act
20    only, any persons who have been or are hereafter appointed to
21    a  police  force,  department,  or  agency   and   sworn   or
22    commissioned  to  perform  police  duties,  except  that  the
23    following   persons   are   not  included:  part-time  police
24    officers,  special  police  officers,  auxiliary  police   as
25    defined  by Section 3.1-30-20 of the Illinois Municipal Code,
26    night watchmen, "merchant police", court security officers as
27    defined by Section 3-6012.1 of the Counties  Code,  temporary
28    employees,  traffic guards or wardens, civilian parking meter
29    and  parking  facilities  personnel  or   other   individuals
30    specially  appointed  to  aid  or  direct  traffic at or near
31    schools or public functions or to aid  in  civil  defense  or
32    disaster,   parking   enforcement   employees   who  are  not
33    commissioned as peace officers and who are not armed and  who
34    are  not  routinely  expected  to effect arrests, parking lot
 
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 1    attendants,  clerks  and  dispatchers   or   other   civilian
 2    employees  of  a  police  department  who  are  not routinely
 3    expected to effect arrests, or elected officials.
 4        (l)  "Person" includes one  or  more  individuals,  labor
 5    organizations,  public employees, associations, corporations,
 6    legal  representatives,  trustees,  trustees  in  bankruptcy,
 7    receivers,  or  the  State  of  Illinois  or  any   political
 8    subdivision  of  the  State  or  governing body, but does not
 9    include the General Assembly of the State of Illinois or  any
10    individual  employed  by the General Assembly of the State of
11    Illinois.
12        (m)  "Professional employee" means any  employee  engaged
13    in  work  predominantly  intellectual and varied in character
14    rather than routine mental, manual,  mechanical  or  physical
15    work;  involving  the  consistent  exercise of discretion and
16    adjustment in its performance; of such a character  that  the
17    output   produced   or  the  result  accomplished  cannot  be
18    standardized in relation to  a  given  period  of  time;  and
19    requiring  advanced  knowledge  in  a  field  of  science  or
20    learning  customarily  acquired  by  a  prolonged  course  of
21    specialized   intellectual   instruction   and  study  in  an
22    institution  of   higher   learning   or   a   hospital,   as
23    distinguished  from  a  general  academic  education  or from
24    apprenticeship or from training in the performance of routine
25    mental, manual, or physical processes; or  any  employee  who
26    has   completed   the  courses  of  specialized  intellectual
27    instruction and study prescribed in this subsection  (m)  and
28    is  performing  related  work  under  the  supervision  of  a
29    professional  person  to  qualify  to  become  a professional
30    employee as defined in this subsection (m).
31        (n)  "Public employee" or "employee", for the purposes of
32    this Act, means any individual employed by a public employer,
33    including interns and  residents  at  public  hospitals,  but
34    excluding  all  of  the  following:  employees of the General
 
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 1    Assembly  of  the  State  of  Illinois;  elected   officials;
 2    executive  heads  of  a  department;  members  of  boards  or
 3    commissions;  employees  of  any  agency, board or commission
 4    created by this Act; employees appointed to  State  positions
 5    of  a  temporary or emergency nature; all employees of school
 6    districts   and   higher   education   institutions    except
 7    firefighters   and   peace   officers  employed  by  a  state
 8    university;  managerial  employees;   short-term   employees;
 9    confidential    employees;   independent   contractors;   and
10    supervisors except as provided in this Act.
11        Notwithstanding Section 9, subsection (c), or  any  other
12    provisions  of this Act, all peace officers above the rank of
13    captain  in   municipalities   with   more   than   1,000,000
14    inhabitants shall be excluded from this Act.
15        (o)  Except  as  otherwise  in  subsection (o-5), "public
16    employer" or "employer" means  the  State  of  Illinois;  any
17    political  subdivision of the State, unit of local government
18    or  school  district;  authorities   including   departments,
19    divisions, bureaus, boards, commissions, or other agencies of
20    the  foregoing  entities;  and  any  person acting within the
21    scope of his or her authority, express or implied, on  behalf
22    of  those  entities  in  dealing  with its employees. "Public
23    employer" or "employer" as used in this  Act,  however,  does
24    not  mean  and  shall not include the General Assembly of the
25    State of Illinois and educational employers or  employers  as
26    defined  in  the  Illinois  Educational  Labor Relations Act,
27    except with respect to a state university in  its  employment
28    of firefighters and peace officers.  County boards and county
29    sheriffs  shall  be  designated  as  joint or co-employers of
30    county peace officers appointed  under  the  authority  of  a
31    county  sheriff.   Nothing  in  this  subsection (o) shall be
32    construed to prevent the State Panel or the Local Panel  from
33    determining that employers are joint or co-employers.
34        (o-5)  With  respect  to  wages,  fringe benefits, hours,
 
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 1    holidays, vacations, proficiency  examinations,  sick  leave,
 2    and  other  conditions  of employment, the public employer of
 3    public employees who are court reporters, as defined  in  the
 4    Court Reporters Act, shall be determined as follows:
 5             (1)  For court reporters employed by the Cook County
 6        Judicial  Circuit,  the  chief  judge  of the Cook County
 7        Circuit  Court  is  the  public  employer  and   employer
 8        representative.
 9             (2)  For court reporters employed by the 12th, 18th,
10        and  19th  judicial  circuits,  a group consisting of the
11        chief  judges  of  those  circuits,  acting  jointly   by
12        majority  vote,  is  the  public  employer  and  employer
13        representative.
14             (3)  For  court  reporters  employed  by  all  other
15        judicial circuits, a group consisting of the chief judges
16        of  those  circuits,  acting jointly by majority vote, is
17        the public employer and employer representative.
18        (p)  "Security  employee"  means  an  employee   who   is
19    responsible  for  the  supervision  and control of inmates at
20    correctional  facilities.   The  term  also  includes   other
21    non-security   employees   in  bargaining  units  having  the
22    majority of employees being responsible for  the  supervision
23    and control of inmates at correctional facilities.
24        (q)  "Short-term  employee"  means  an  employee  who  is
25    employed for less than 2 consecutive calendar quarters during
26    a  calendar year and who does not have a reasonable assurance
27    that he or she will be rehired by the same employer  for  the
28    same service in a subsequent calendar year.
29        (r)  "Supervisor"  is an employee whose principal work is
30    substantially different from that of his or her  subordinates
31    and  who  has  authority, in the interest of the employer, to
32    hire, transfer, suspend, lay off, recall, promote, discharge,
33    direct, reward, or  discipline  employees,  to  adjust  their
34    grievances, or to effectively recommend any of those actions,
 
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 1    if  the exercise of that authority is not of a merely routine
 2    or clerical  nature,  but  requires  the  consistent  use  of
 3    independent   judgment.   Except   with   respect  to  police
 4    employment,  the  term  "supervisor"  includes   only   those
 5    individuals  who  devote  a preponderance of their employment
 6    time  to  exercising  that   authority,   State   supervisors
 7    notwithstanding.   In  addition,  in  determining supervisory
 8    status in police employment, rank shall not be determinative.
 9    The Board shall consider,  as  evidence  of  bargaining  unit
10    inclusion  or  exclusion, the common law enforcement policies
11    and  relationships   between   police   officer   ranks   and
12    certification under applicable civil service law, ordinances,
13    personnel  codes,  or  Division  2.1  of  Article  10  of the
14    Illinois Municipal Code, but these factors shall not  be  the
15    sole  or  predominant  factors  considered  by  the  Board in
16    determining police supervisory status.
17        Notwithstanding   the   provisions   of   the   preceding
18    paragraph, in determining supervisory status in fire  fighter
19    employment, no fire fighter shall be excluded as a supervisor
20    who  has established representation rights under Section 9 of
21    this Act.  Further, in  new  fire  fighter  units,  employees
22    shall consist of fire fighters of the rank of company officer
23    and  below.  If  a  company  officer otherwise qualifies as a
24    supervisor under the preceding paragraph, however, he or  she
25    shall  not be included in the fire fighter unit.  If there is
26    no rank  between  that  of  chief  and  the  highest  company
27    officer,  the employer may designate a position on each shift
28    as  a  Shift  Commander,  and  the  persons  occupying  those
29    positions shall be supervisors.  All other ranks  above  that
30    of company officer shall be supervisors.
31        (s) (1)  "Unit"  means  a class of jobs or positions that
32        are held by  employees  whose  collective  interests  may
33        suitably  be  represented  by  a  labor  organization for
34        collective bargaining.  Except with respect to  non-State
 
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 1        fire fighters and paramedics employed by fire departments
 2        and  fire protection districts, non-State peace officers,
 3        and peace officers in the Department of State  Police,  a
 4        bargaining unit determined by the Board shall not include
 5        both  employees  and  supervisors,  or  supervisors only,
 6        except as provided in paragraph (2)  of  this  subsection
 7        (s)  and except for bargaining units in existence on July
 8        1, 1984 (the effective date of this Act).   With  respect
 9        to  non-State  fire  fighters  and paramedics employed by
10        fire departments and fire protection districts, non-State
11        peace officers, and peace officers in the  Department  of
12        State  Police,  a bargaining unit determined by the Board
13        shall not include both supervisors and nonsupervisors, or
14        supervisors only, except as provided in paragraph (2)  of
15        this  subsection  (s)  and except for bargaining units in
16        existence on January 1, 1986 (the effective date of  this
17        amendatory Act of 1985).  A bargaining unit determined by
18        the  Board  to  contain  peace  officers shall contain no
19        employees other  than  peace  officers  unless  otherwise
20        agreed  to  by the employer and the labor organization or
21        labor organizations involved.  Notwithstanding any  other
22        provision  of  this  Act,  a bargaining unit, including a
23        historical  bargaining  unit,  containing   sworn   peace
24        officers of the Department of Natural Resources (formerly
25        designated  the Department of Conservation) shall contain
26        no employees other than such sworn  peace  officers  upon
27        the effective date of this amendatory Act of 1990 or upon
28        the   expiration   date   of  any  collective  bargaining
29        agreement in effect  upon  the  effective  date  of  this
30        amendatory  Act  of  1990  covering both such sworn peace
31        officers and other employees.
32             (2)  Notwithstanding the  exclusion  of  supervisors
33        from  bargaining  units  as  provided in paragraph (1) of
34        this subsection (s),  a  public  employer  may  agree  to
 
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 1        permit its supervisory employees to form bargaining units
 2        and  may  bargain with those units.  This Act shall apply
 3        if the public employer  chooses  to  bargain  under  this
 4        subsection.
 5             (3)  Public  employees  who  are court reporters, as
 6        defined in the Court Reporters Act, shall be divided into
 7        3 units for  collective  bargaining  purposes.  One  unit
 8        shall  be  court  reporters  employed  by the Cook County
 9        Judicial Circuit;  one  unit  shall  be  court  reporters
10        employed  by  the 12th, 18th, and 19th judicial circuits;
11        and one unit shall be court  reporters  employed  by  all
12        other judicial circuits.
13    (Source: P.A.  90-14,  eff.  7-1-97;  90-655,  eff.  7-30-98;
14    91-798, eff. 7-9-00.)

15        (5 ILCS 315/4) (from Ch. 48, par. 1604)
16        Sec.  4.   Management  Rights.  Employers  shall  not  be
17    required  to  bargain  over  matters  of  inherent managerial
18    policy, which shall  include  such  areas  of  discretion  or
19    policy  as  the  functions  of  the  employer,  standards  of
20    services,  its  overall  budget, the organizational structure
21    and selection of new employees,  examination  techniques  and
22    direction   of   employees.   Employers,  however,  shall  be
23    required  to  bargain  collectively  with  regard  to  policy
24    matters  directly  affecting  wages,  hours  and  terms   and
25    conditions  of  employment as well as the impact thereon upon
26    request by employee representatives.
27        To  preserve  the  rights  of  employers  and   exclusive
28    representatives  which have established collective bargaining
29    relationships or negotiated collective bargaining  agreements
30    prior  to  the effective date of this Act, employers shall be
31    required to bargain collectively with regard  to  any  matter
32    concerning  wages,  hours  or  conditions of employment about
33    which they have bargained for and agreed to in  a  collective
 
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 1    bargaining agreement prior to the effective date of this Act.
 2        The  chief  judge  of the judicial circuit that employs a
 3    public employee who is a court reporter, as  defined  in  the
 4    Court  Reporters  Act,  has  the  authority to hire, appoint,
 5    promote, evaluate, discipline, and discharge court  reporters
 6    within that judicial circuit.
 7        Nothing  in  this  amendatory  Act  of  the  93rd General
 8    Assembly shall be construed  to  intrude  upon  the  judicial
 9    functions  of  any  court.  This  amendatory  Act of the 93rd
10    General Assembly applies only to  nonjudicial  administrative
11    matters  relating  the  collective bargaining rights of court
12    reporters.
13    (Source: P.A. 83-1012.)

14        Section  10.  The  Court  Reporters  Act  is  amended  by
15    changing  Sections  1,  3,  4, 4.1, 5, 6, 7, and 8 and adding
16    Section 8.1 as follows:

17        (705 ILCS 70/1) (from Ch. 37, par. 651)
18        Sec. 1. Definitions.  In this Act:
19        "Court reporter", for the purposes of this Act, means any
20    person appointed by the chief judge of any circuit to perform
21    the duties prescribed in Section 5 of this Act.
22        "Employer representative" means, with respect  to  wages,
23    fringe   benefits,  hours,  holidays,  vacation,  proficiency
24    examinations, sick leave, and other conditions of employment:
25             (1)  For court reporters employed by the Cook County
26        Judicial Circuit, the chief  judge  of  the  Cook  County
27        Circuit Court.
28             (2)  For court reporters employed by the 12th, 18th,
29        and  19th  judicial  circuits,  a group consisting of the
30        chief  judges  of  those  circuits,  acting  jointly   by
31        majority vote.
32             (3)  For  court  reporters  employed  by  all  other
 
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 1        judicial  circuits,  the  chief judges of those circuits,
 2        acting jointly by majority vote.
 3        The chief judge of the judicial circuit  that  employs  a
 4    public  employee  who  is a court reporter, as defined in the
 5    Court Reporters Act, has  the  authority  to  hire,  appoint,
 6    promote,  evaluate, discipline, and discharge court reporters
 7    within that judicial circuit.
 8    (Source: Laws 1965, p. 2616.)

 9        (705 ILCS 70/3) (from Ch. 37, par. 653)
10        Sec.  3.   Number;  determination  and  certification  by
11    supreme court. The number of full-time  and  part-time  court
12    reporters  that  may  be  appointed  in each circuit shall be
13    determined by the employer representative Supreme  Court.  In
14    determining  how  many  court  reporters  are  needed in each
15    circuit  the  employer  representative  Supreme  Court  shall
16    consider  the  following  factors:  (1)  case  loads  in  the
17    circuit; (2) the  number  of  associate  judges  and  circuit
18    judges  in  the  circuit;  (3) the number and location in the
19    circuit of major federal and state highways; (4) the location
20    in  the  circuit  of  state  police  highway  truck  weighing
21    stations; (5) the relationship of urban population  to  large
22    metropolitan  centers in the various counties of the circuit;
23    (6)  the  location  in  the  circuit  of  state  institutions
24    including, but not limited to, universities, colleges, mental
25    health facilities, penitentiaries; (7) the number  of  cities
26    and towns within each circuit in which regular court sessions
27    are held and the distance in road miles between each; and (8)
28    any   other   factor   deemed   relevant   by   the  employer
29    representative Supreme Court.
30        The  employer  representative  The  Supreme  Court  shall
31    certify  in  writing  to  each  chief  judge  the  number  of
32    full-time and part-time court reporters the chief  judge  may
33    appoint  in his circuit and may, as the need arises, increase
 
                            -14-     LRB093 03370 RCE 08220 b
 1    or lower the number of such court reporters so authorized.
 2        The Chief Judge of each circuit may designate any  number
 3    of  Supreme Court approved full-time court reporter positions
 4    as time share positions.  For the purposes of this Act, "time
 5    share position" means a  full-time  court  reporter  position
 6    that  is  divided  among  2  or more court reporters with the
 7    full-time salary and benefits  being  apportioned  among  the
 8    court  reporters  in the same percentage as the duties of the
 9    full-time position are apportioned.
10    (Source: P.A. 86-827.)

11        (705 ILCS 70/4) (from Ch. 37, par. 654)
12        Sec. 4.  Appointment; oath. The chief judge  may  appoint
13    all  or  any  of  the number of court reporters authorized by
14    Section 3 of this Act certification of the Supreme Court. The
15    court reporters so appointed shall  serve  at  the  direction
16    pleasure  of  the chief judge and may be removed by the chief
17    judge.
18        Each court reporter appointed shall, before entering upon
19    the  duties  of  his  office,  take  the  official  oath   to
20    faithfully  discharge the duties of his office to the best of
21    his knowledge and ability.
22        The appointments shall be in writing and shall  be  filed
23    with  the  Clerk of the Circuit Court of the circuit in which
24    the court reporters are  employed  Supreme  Court  and  shall
25    continue  in  force  until  revoked by the chief judge of the
26    circuit in which the court reporter is appointed.
27    (Source: P.A. 84-1395.)

28        (705 ILCS 70/4.1) (from Ch. 37, par. 654.1)
29        Sec.  4.1.   Appointment  and  salary  of  administrative
30    personnel.
31        (a)  The  employer  representative  Supreme   Court   may
32    authorize  the  chief  judge  of any single county circuit in
 
                            -15-     LRB093 03370 RCE 08220 b
 1    which  official  court  reporting  services   are   centrally
 2    administered,  (1)  to appoint from among the court reporters
 3    appointed in the circuit an Administrator of Court Reporters,
 4    a Deputy Administrator of Court  Reporters  and  2  Assistant
 5    Administrators  of  Court  Reporters,  (2)  to designate from
 6    among the  court  reporters  appointed  in  the  circuit  one
 7    Reporter Supervisor and one Assistant Reporter Supervisor for
 8    each Department and Division of the circuit court, and (3) to
 9    appoint  secretarial  and  other  support staff to assist the
10    Administrator.   Each  Administrator,  Deputy  Administrator,
11    Assistant Administrator, Reporter Supervisor,  and  Assistant
12    Reporter  Supervisor shall have an "A" proficiency rating, by
13    examination, as provided in Section 7.
14        (b)  Administrative  personnel   appointed   under   this
15    Section shall be paid by the State.
16        (1)  In  addition  to  their  regular  salary as official
17    court reporters, the administrative personnel appointed under
18    this Section shall  be  paid  such  additional  sums  as  the
19    employer  representative  Supreme  Court specifies. Such sums
20    shall be included in the pay  schedule  adopted  pursuant  to
21    Section  8.  The  additional  amounts  paid shall reflect the
22    burden  of  administrative  responsibility   borne   by   the
23    administrative   personnel   and   the   consequent  lack  of
24    opportunity  to  produce  transcripts   of   testimony.   The
25    additional  amounts  paid  to such personnel shall not exceed
26    the following:
27             (A)  Administrator of Court Reporters:  $20,000  per
28        year;
29             (B)  Deputy   Administrator   of   Court  Reporters:
30        $15,000 per year;
31             (C)  Assistant Administrators  of  Court  Reporters:
32        $13,000 per year;
33             (D)  Reporter Supervisors: $10,000 per year.
34             (E)  Assistant   Reporter  Supervisors:  $5,000  per
 
                            -16-     LRB093 03370 RCE 08220 b
 1        year.
 2        (2)  Each of the  secretarial  and  other  support  staff
 3    authorized  under  this  Section  shall  be  paid a salary as
 4    determined per year by the  employer  representative  Supreme
 5    Court.
 6    (Source: P.A. 86-1378.)

 7        (705 ILCS 70/5) (from Ch. 37, par. 655)
 8        Sec.  5.   Means  of  reporting;  transcripts.  The court
 9    reporter shall make a full reporting by means of stenographic
10    hand or machine notes,  or  a  combination  thereof,  of  the
11    evidence  and  such  other proceedings in trials and judicial
12    proceedings to which he is assigned by the chief  judge,  and
13    the  court  reporter  may  use  an electronic instrument as a
14    supplementary device. In the event that the court utilizes an
15    audio or video recording system to record the proceedings,  a
16    court  reporter  shall be in  charge of such system; however,
17    the appointment of a court reporter to be  in  charge  of  an
18    audio  or  video recording system shall not be required where
19    such system is the judge's  personal  property  or  has  been
20    supplied  by a party or such party's attorney.  To the extent
21    that it does  not  substantially  interfere  with  the  court
22    reporter's  other  official  duties,  the judge to whom, or a
23    judge of the division to which, a reporter  is  assigned  may
24    assign  a  reporter to secretarial or clerical duties arising
25    out of official court operations.
26        Unless and until otherwise provided in a Uniform Schedule
27    of Charges which may hereafter be provided by rule  or  order
28    of   the  employer  representative  Supreme  Court,  a  court
29    reporter may charge not to  exceed  25¢  per  100  words  for
30    making   transcripts  of  his  notes.  The  fees  for  making
31    transcripts shall be paid in the first instance by the  party
32    in whose behalf such transcript is ordered and shall be taxed
33    in the suit.
 
                            -17-     LRB093 03370 RCE 08220 b
 1        The transcripts shall be filed and remain with the papers
 2    of the case. When the judge trying the case shall, of his own
 3    motion, order a transcript of the court reporter's notes, the
 4    judge may direct the payment of the charges therefor, and the
 5    taxation of the charges as costs in such manner as to him may
 6    seem  just.  Provided,  that  the  charges for making but one
 7    transcript shall be  taxed  as  costs  and  the  party  first
 8    ordering the transcript shall have preference unless it shall
 9    be otherwise ordered by the court.
10        The change made to this Section by this amendatory Act of
11    1987  is  intended  to  apply  retroactively  from  and after
12    January 1, 1987.
13    (Source: P.A. 85-981.)

14        (705 ILCS 70/6) (from Ch. 37, par. 656)
15        Sec.  6.  Assignment  to  serve  outside  of  county   of
16    appointment; Travel expenses.
17        The  chief  judge  may  assign  a court reporter to serve
18    anywhere within the circuit in which the  court  reporter  is
19    appointed.  A  court  reporter  shall be paid travel expenses
20    incurred in  connection  with  his  official  duties  in  his
21    circuit of appointment outside the county wherein he resides.
22    Subject  to  regulations  which may be adopted by the Supreme
23    Court, court reporters shall be allowed travel expenses  when
24    traveling within their county of residence in connection with
25    their official duties.
26        The  employer  representative  Supreme Court may assign a
27    court reporter to temporary service outside his own  circuit,
28    but  within  the jurisdiction of the employer representative,
29    with the consent of the chief judge of his circuit.  A  court
30    reporter shall be paid travel expenses incurred in connection
31    with  his  official  duties  during such periods of temporary
32    assignment.
33        Expense vouchers  shall  be  submitted  to  the  employer
 
                            -18-     LRB093 03370 RCE 08220 b
 1    representative   Supreme  Court  for  approval.  The  expense
 2    vouchers or claims submitted to the  employer  representative
 3    Supreme Court shall have endorsed thereon the signed approval
 4    of the chief judge of the circuit in which the court reporter
 5    incurred the expense for which claim is made.
 6    (Source: P.A. 77-1685.)

 7        (705 ILCS 70/7) (from Ch. 37, par. 657)
 8        Sec.  7.  Proficiency tests. Except as otherwise provided
 9    in this Section, each court reporter in office on January  1,
10    1966  or  appointed on or after that date shall have taken or
11    shall thereafter take a test to  rate  his  proficiency.  The
12    test  shall  be  prepared  and  administered  by the employer
13    representative  in  consultation  with  each  of  the   other
14    employer   representatives  Supreme  Court.  The  test  shall
15    consist of three parts designated Part A, Part B and Part  C.
16    If  the  court  reporter  in  office  on  January 1, 1966, or
17    appointed on or after that date, successfully passes any Part
18    he shall  be  given  a  certificate  designating  him  as  an
19    official court reporter. If such court reporter fails to pass
20    any  part, the employer representative Supreme Court shall so
21    inform the chief judge of the  circuit  in  which  the  court
22    reporter  serves.  Upon receipt of note that a court reporter
23    has failed to pass any part of the test, the chief judge  may
24    discharge  the  court  reporter  or may allow him to continue
25    until the test is next administered. If,  when  the  test  is
26    next  administered, the court reporter fails to pass any part
27    of the test, he shall be discharged by the chief judge.
28        The test shall be administered at least every six  months
29    if there are candidates or applicants for the test. Any court
30    reporter  who has passed Part C of the test may apply to take
31    the Part B or the Part A section of the test at  the  regular
32    time such tests are given. If the court reporter successfully
33    completes  Part  B  or  Part  A  of the test, his proficiency
 
                            -19-     LRB093 03370 RCE 08220 b
 1    rating shall be adjusted  to  reflect  passage  of  the  more
 2    difficult Part.
 3        Any  court  reporter  who served as a court reporter in a
 4    circuit court for 5 years immediately  preceding  January  1,
 5    1966 shall be certified as an official court reporter without
 6    examination,  and  shall  be credited with an "A" proficiency
 7    rating, without examination.
 8    (Source: P.A. 84-1395.)

 9        (705 ILCS 70/8) (from Ch. 37, par. 658)
10        Sec. 8.  Salaries.
11        (a)  The salaries of all court reporters shall be paid by
12    the State.  Full-time court reporters shall be paid not  less
13    than  $6,000  nor more than $29,500 per year through June 30,
14    1984. Beginning July 1, 1984, full-time court reporters shall
15    be paid not less than $6,000 nor more than $31,250  annually.
16    Beginning  July  1,  1985, full-time court reporters shall be
17    paid not less than $6,000 nor  more  than  $33,250  annually.
18    Beginning  July  1,  1986, full-time court reporters shall be
19    paid not less than $6,000 nor  more  than  $35,250  annually.
20    Beginning  July  1,  1987, full-time court reporters shall be
21    paid not less than $6,000 nor  more  than  $37,250  annually.
22    Part-time court reporters shall be paid not less than $12 nor
23    more  than  $60  per half-day.  The salary of each individual
24    court reporter shall be computed from a schedule  adopted  by
25    the   employer  representative  Supreme  Court.   The  salary
26    schedule shall reflect the following relevant  factors:   (1)
27    proficiency  rating;  (2)  experience;  (3) population of the
28    area to which a reporter is normally  assigned;  (3-1)  court
29    reporters  shall  receive  the  same annual percentage salary
30    increase  as  provided  to  other   State-paid   non-judicial
31    employees  of  the  Judicial Branch with equivalent salaries,
32    except that  notwithstanding  any  other  provision  of  law,
33    salaries  of  full time court reporters shall be increased by
 
                            -20-     LRB093 03370 RCE 08220 b
 1    at least a percentage increase  equivalent  to  that  of  the
 2    "Employment Cost Index, Wages and Salaries, by Occupation and
 3    Industry  Groups,  State  and Local Government Workers Public
 4    Administration",  as  published  by  the  Bureau   of   Labor
 5    Statistics  of  the U.S. Department of Labor for the calendar
 6    year immediately preceding the year of  the  respective  July
 7    1st  increase  date.  The increase shall be added to the then
 8    current annual salary and the adjusted salary  so  determined
 9    shall  be  the annual salary beginning July 1 of the increase
10    year until July  1  of  the  next  year;  (4)  other  factors
11    considered relevant by the Director.
12        (b)  (Blank).  Not less than 60 days before the effective
13    date of this Act, the  chief  judge  of  each  circuit  shall
14    submit  to  the Supreme Court, on forms to be provided by the
15    Supreme Court,  such  information  as  may  be  necessary  to
16    implement the Provisions of this Act.
17        (c)  A  court  reporter who has previously passed, or who
18    hereafter passes, Part A or Part  B  of  a  proficiency  test
19    prepared  and  administered  by  the  employer representative
20    Supreme  Court  shall  be  credited  with  an  "A"   or   "B"
21    proficiency rating, as appropriate.
22        (d)  A  court  reporter who has been credited with an "A"
23    proficiency  rating,  without  examination,  as  provided  in
24    Section 7 of this Act, shall receive a salary of $10,000  per
25    annum.   Any  increase  in  the  maximum  salary  payable  to
26    reporters  shall not result in any increase for such reporter
27    unless and until he has passed the proficiency test.
28        (e)  The  salaries  of  all  official   court   reporters
29    employed  by  the  State  shall  be paid monthly, from moneys
30    appropriated to the Comptroller  for  that  purpose,  on  the
31    voucher  of  the the chief judge of the circuit employing the
32    court reporters Supreme Court.  The Comptroller Supreme Court
33    may require all salary claims by part-time  reporters  to  be
34    substantiated  by  certificates  signed  by  the reporter and
 
                            -21-     LRB093 03370 RCE 08220 b
 1    approved by the chief judge of the circuit.
 2        (f)  The salaries of time share court reporter  positions
 3    may  be  apportioned  in  the manner provided in Section 3 of
 4    this Act.
 5    (Source: P.A. 88-475.)

 6        (705 ILCS 70/8.1 new)
 7        Sec.   8.1.   Appropriation   request.   Each    employer
 8    representative  shall make an annual appropriation request in
 9    January to the General  Assembly  to  fund  court  reporters.
10    When   necessary,  an  employer  representative  may  request
11    supplemental appropriations to fund court reporters.

12        Section 15.  The Court Reporter Transcript Act is amended
13    by changing Section 4 as follows:

14        (705 ILCS 75/4) (from Ch. 37, par. 664)
15        Sec. 4.  The reporter, in full for all  his  services  in
16    connection with the transcribing and filing or furnishing the
17    transcripts  referred  to in this Act, shall be paid a fee as
18    provided in Section 5 of the Court  Reporters  Act,  approved
19    August  5,  1965, as amended. All such fees shall be paid out
20    of the State Treasury on the warrant of the  chief  judge  of
21    the  circuit employing the court reporter Supreme Court, from
22    appropriations made to the Comptroller for such purpose, upon
23    presentation of a certificate signed by the  presiding  judge
24    setting  the amount due said reporter. Such certificate shall
25    as to each original transcript (and a copy  or  copies  where
26    fee for a copy or copies is authorized by statute or Illinois
27    Supreme  Court  Rule)  set  forth the title and number of the
28    cause in which the transcript was required to  be  furnished,
29    the   nature  of  the  proceedings  transcribed  (whether  an
30    arraignment, proceedings at criminal trial or proceedings  at
31    post-conviction  hearing)  and the fee approved therefor. The
 
                            -22-     LRB093 03370 RCE 08220 b
 1    employer representative, as defined in  the  Court  Reporters
 2    Act,  Supreme Court may prescribe the form of the certificate
 3    and furnish same.
 4    (Source: P.A. 90-505, eff. 8-19-97.)

 5        Section 95.  Liberal construction.   This  Act  shall  be
 6    liberally construed to effectuate its purpose of facilitating
 7    the  equitable resolution of labor relations concerning court
 8    reporters.

 9        Section 97. Severability. The provisions of this Act  are
10    severable under Section 1.31 of the Statute on Statutes.

11        Section  99.  Effective  date. This Act takes effect upon
12    becoming law.