093_HB1088eng

 
HB1088 Engrossed                     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 to 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
 
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 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
 
HB1088 Engrossed            -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
 
HB1088 Engrossed            -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.
 
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 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
 
HB1088 Engrossed            -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
 
HB1088 Engrossed            -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
 
HB1088 Engrossed            -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  Supreme Court for that purpose, on the
31    voucher of the chief judge of the circuit employing the court
32    reporters Supreme Court.  The  chief  judge  of  the  circuit
33    Supreme  Court  may  require  all  salary claims by part-time
34    reporters to be substantiated by certificates signed  by  the
 
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 1    reporter and 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 Supreme Court for such purpose,
23    upon presentation of a certificate signed  by  the  presiding
24    judge  setting the amount due said reporter. Such certificate
25    shall as to each original transcript (and a  copy  or  copies
26    where  fee  for  a copy or copies is authorized by statute or
27    Illinois Supreme Court Rule) set forth the title  and  number
28    of  the  cause  in  which  the  transcript was required to be
29    furnished, the nature of the proceedings transcribed (whether
30    an arraignment, proceedings at criminal trial or  proceedings
31    at  post-conviction  hearing)  and the fee approved therefor.
 
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 1    The  employer  representative,  as  defined  in   the   Court
 2    Reporters  Act,  Supreme  Court may prescribe the form of the
 3    certificate 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.