Illinois General Assembly - Full Text of Public Act 094-0098
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Public Act 094-0098


 

Public Act 0098 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0098
 
HB2260 Enrolled LRB094 03292 RCE 33293 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 3 and 4 and adding Section 2.5 as
follows:
 
    (5 ILCS 315/2.5 new)
    Sec. 2.5. Findings and declarations; court reporters. The
General Assembly finds and declares:
    (1) It is the public policy of the State of Illinois and
the intent of the General Assembly that State employees,
including the Illinois official certified court reporters, are
granted collective bargaining rights as provided in this Act.
    (2) The Illinois Supreme Court in the case of AOIC v.
Teamsters 726 ruled that the Illinois Public Labor Relations
Board could not assert jurisdiction over the Illinois official
certified court reporters because the Supreme Court is their
co-employer together with the Chief Judges of each judicial
circuit.
    (3) As a result of the Supreme Court's decision, the
Illinois official certified court reporters have been denied
the labor rights afforded all other State employees, including
the rights to organize, to obtain recognition of their chosen
collective bargaining representative, and to negotiate with
respect to the wages, terms, and conditions of their
employment.
    (4) The General Assembly intends to create a statutory
framework to allow Illinois official court reporters to enjoy
the same collective bargaining and other labor rights granted
to other public employees.
    (5) Senate Resolution 431 and House Resolution 706, both of
the 92nd General Assembly, were adopted, and in enacting this
amendatory Act of the 94th General Assembly, the General
Assembly is implementing the intent of those resolutions.
 
    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
    (b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and other
conditions of employment, as detailed in Section 7 and which
are not excluded by Section 4.
    (c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
    (d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
    (e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
    (f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit, (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive
representative by a majority of the employees in an appropriate
bargaining unit; or (iv) recognized as the exclusive
representative of personal care attendants or personal
assistants under Executive Order 2003-8 prior to the effective
date of this amendatory Act of the 93rd General Assembly, and
the organization shall be considered to be the exclusive
representative of the personal care attendants or personal
assistants as defined in this Section.
    With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire fighters
in an appropriate bargaining unit in accordance with the
procedures contained in this Act, (ii) historically recognized
by the State of Illinois or any political subdivision of the
State before January 1, 1986 (the effective date of this
amendatory Act of 1985) as the exclusive representative by a
majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1, 1986
(the effective date of this amendatory Act of 1985) recognized
by an employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit.
    (g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any of
the employees in a collective bargaining unit are required to
pay their proportionate share of the costs of the collective
bargaining process, contract administration, and pursuing
matters affecting wages, hours, and other conditions of
employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall preclude
an employee from making voluntary political contributions in
conjunction with his or her fair share payment.
    (g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of
a fire department or fire protection district who are not
routinely expected to perform fire fighter duties, or elected
officials.
    (g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
    (h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the
case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
    (i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
    (j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
    (k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons are
not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section 3-6012.1
of the Counties Code, temporary employees, traffic guards or
wardens, civilian parking meter and parking facilities
personnel or other individuals specially appointed to aid or
direct traffic at or near schools or public functions or to aid
in civil defense or disaster, parking enforcement employees who
are not commissioned as peace officers and who are not armed
and who are not routinely expected to effect arrests, parking
lot attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely expected
to effect arrests, or elected officials.
    (l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
    (m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a
hospital, as distinguished from a general academic education or
from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a professional
person to qualify to become a professional employee as defined
in this subsection (m).
    (n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including interns and residents at public hospitals and, as of
the effective date of this amendatory Act of the 93rd General
Assembly, but not before, personal care attendants and personal
assistants working under the Home Services Program under
Section 3 of the Disabled Persons Rehabilitation Act, subject
to the limitations set forth in this Act and in the Disabled
Persons Rehabilitation Act, but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any
special Executive Inspectors General; employees of each Office
of an Executive Inspector General; commissioners and employees
of the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school
districts and higher education institutions except
firefighters and peace officers employed by a state university;
managerial employees; short-term employees; confidential
employees; independent contractors; and supervisors except as
provided in this Act.
    Personal care attendants and personal assistants shall not
be considered public employees for any purposes not
specifically provided for in this amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by the
State Employees Group Insurance Act of 1971 (5 ILCS 375/).
    Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
    (o) Except as otherwise in subsection (o-5), "public Public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or
school district; authorities including departments, divisions,
bureaus, boards, commissions, or other agencies of the
foregoing entities; and any person acting within the scope of
his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of this amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the
employer of the personal care attendants and personal
assistants working under the Home Services Program under
Section 3 of the Disabled Persons Rehabilitation Act, subject
to the limitations set forth in this Act and in the Disabled
Persons Rehabilitation Act. The State shall not be considered
to be the employer of personal care attendants and personal
assistants for any purposes not specifically provided for in
this amendatory Act of the 93rd General Assembly, including but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Personal care attendants and personal assistants shall not be
covered by the State Employees Group Insurance Act of 1971 (5
ILCS 375/). "Public employer" or "employer" as used in this
Act, however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in its
employment of firefighters and peace officers. County boards
and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection (o)
shall be construed to prevent the State Panel or the Local
Panel from determining that employers are joint or
co-employers.
    (o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
        (1) For court reporters employed by the Cook County
    Judicial Circuit, the chief judge of the Cook County
    Circuit Court is the public employer and employer
    representative.
        (2) For court reporters employed by the 12th, 18th,
    19th, and, on and after December 4, 2006, the 22nd judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote, is the public
    employer and employer representative.
        (3) For court reporters employed by all other judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote, is the public
    employer and employer representative.
    (p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
    (q) "Short-term employee" means an employee who is employed
for less than 2 consecutive calendar quarters during a calendar
year and who does not have a reasonable assurance that he or
she will be rehired by the same employer for the same service
in a subsequent calendar year.
    (r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine or
clerical nature, but requires the consistent use of independent
judgment. Except with respect to police employment, the term
"supervisor" includes only those individuals who devote a
preponderance of their employment time to exercising that
authority, State supervisors notwithstanding. In addition, in
determining supervisory status in police employment, rank
shall not be determinative. The Board shall consider, as
evidence of bargaining unit inclusion or exclusion, the common
law enforcement policies and relationships between police
officer ranks and certification under applicable civil service
law, ordinances, personnel codes, or Division 2.1 of Article 10
of the Illinois Municipal Code, but these factors shall not be
the sole or predominant factors considered by the Board in
determining police supervisory status.
    Notwithstanding the provisions of the preceding paragraph,
in determining supervisory status in fire fighter employment,
no fire fighter shall be excluded as a supervisor who has
established representation rights under Section 9 of this Act.
Further, in new fire fighter units, employees shall consist of
fire fighters of the rank of company officer and below. If a
company officer otherwise qualifies as a supervisor under the
preceding paragraph, however, he or she shall not be included
in the fire fighter unit. If there is no rank between that of
chief and the highest company officer, the employer may
designate a position on each shift as a Shift Commander, and
the persons occupying those positions shall be supervisors. All
other ranks above that of company officer shall be supervisors.
    (s) (1) "Unit" means a class of jobs or positions that are
    held by employees whose collective interests may suitably
    be represented by a labor organization for collective
    bargaining. Except with respect to non-State fire fighters
    and paramedics employed by fire departments and fire
    protection districts, non-State peace officers, and peace
    officers in the Department of State Police, a bargaining
    unit determined by the Board shall not include both
    employees and supervisors, or supervisors only, except as
    provided in paragraph (2) of this subsection (s) and except
    for bargaining units in existence on July 1, 1984 (the
    effective date of this Act). With respect to non-State fire
    fighters and paramedics employed by fire departments and
    fire protection districts, non-State peace officers, and
    peace officers in the Department of State Police, a
    bargaining unit determined by the Board shall not include
    both supervisors and nonsupervisors, or supervisors only,
    except as provided in paragraph (2) of this subsection (s)
    and except for bargaining units in existence on January 1,
    1986 (the effective date of this amendatory Act of 1985). A
    bargaining unit determined by the Board to contain peace
    officers shall contain no employees other than peace
    officers unless otherwise agreed to by the employer and the
    labor organization or labor organizations involved.
    Notwithstanding any other provision of this Act, a
    bargaining unit, including a historical bargaining unit,
    containing sworn peace officers of the Department of
    Natural Resources (formerly designated the Department of
    Conservation) shall contain no employees other than such
    sworn peace officers upon the effective date of this
    amendatory Act of 1990 or upon the expiration date of any
    collective bargaining agreement in effect upon the
    effective date of this amendatory Act of 1990 covering both
    such sworn peace officers and other employees.
        (2) Notwithstanding the exclusion of supervisors from
    bargaining units as provided in paragraph (1) of this
    subsection (s), a public employer may agree to permit its
    supervisory employees to form bargaining units and may
    bargain with those units. This Act shall apply if the
    public employer chooses to bargain under this subsection.
        (3) Public employees who are court reporters, as
    defined in the Court Reporters Act, shall be divided into 3
    units for collective bargaining purposes. One unit shall be
    court reporters employed by the Cook County Judicial
    Circuit; one unit shall be court reporters employed by the
    12th, 18th, 19th, and, on and after December 4, 2006, the
    22nd judicial circuits; and one unit shall be court
    reporters employed by all other judicial circuits.
(Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.)
 
    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
    Sec. 4. Management Rights. Employers shall not be required
to bargain over matters of inherent managerial policy, which
shall include such areas of discretion or policy as the
functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new
employees, examination techniques and direction of employees.
Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages, hours
and terms and conditions of employment as well as the impact
thereon upon request by employee representatives.
    To preserve the rights of employers and exclusive
representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about which
they have bargained for and agreed to in a collective
bargaining agreement prior to the effective date of this Act.
    The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
    Nothing in this amendatory Act of the 94th General Assembly
shall be construed to intrude upon the judicial functions of
any court. This amendatory Act of the 94th General Assembly
applies only to nonjudicial administrative matters relating to
the collective bargaining rights of court reporters.
(Source: P.A. 83-1012.)
 
    Section 10. The Court Reporters Act is amended by changing
Sections 1, 3, 4, 4.1, 5, 6, 7, and 8 and adding Section 8.1 as
follows:
 
    (705 ILCS 70/1)  (from Ch. 37, par. 651)
    Sec. 1. Definitions. In this Act:
    "Court reporter", for the purposes of this Act, means any
person appointed by the chief judge of any circuit to perform
the duties prescribed in Section 5 of this Act.
    "Employer representative" means, with respect to wages,
fringe benefits, hours, holidays, vacation, proficiency
examinations, sick leave, and other conditions of employment:
        (1) For court reporters employed by the Cook County
    Judicial Circuit, the chief judge of the Cook County
    Circuit Court.
        (2) For court reporters employed by the 12th, 18th,
    19th, and, on and after December 4, 2006, the 22nd judicial
    circuits, a group consisting of the chief judges of those
    circuits, acting jointly by majority vote.
        (3) For court reporters employed by all other judicial
    circuits, the chief judges of those circuits, acting
    jointly by majority vote.
    The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
(Source: Laws 1965, p. 2616.)
 
    (705 ILCS 70/3)  (from Ch. 37, par. 653)
    Sec. 3. Number; determination and certification by supreme
court. The number of full-time and part-time court reporters
that may be appointed in each circuit shall be determined by
the employer representative Supreme Court. In determining how
many court reporters are needed in each circuit the employer
representative Supreme Court shall consider the following
factors: (1) case loads in the circuit; (2) the number of
associate judges and circuit judges in the circuit; (3) the
number and location in the circuit of major federal and state
highways; (4) the location in the circuit of state police
highway truck weighing stations; (5) the relationship of urban
population to large metropolitan centers in the various
counties of the circuit; (6) the location in the circuit of
state institutions including, but not limited to,
universities, colleges, mental health facilities,
penitentiaries; (7) the number of cities and towns within each
circuit in which regular court sessions are held and the
distance in road miles between each; and (8) any other factor
deemed relevant by the employer representative Supreme Court.
    The employer representative The Supreme Court shall
certify in writing to each chief judge the number of full-time
and part-time court reporters the chief judge may appoint in
his circuit and may, as the need arises, increase or lower the
number of such court reporters so authorized.
    The Chief Judge of each circuit may designate any number of
Supreme Court approved full-time court reporter positions as
time share positions. For the purposes of this Act, "time share
position" means a full-time court reporter position that is
divided among 2 or more court reporters with the full-time
salary and benefits being apportioned among the court reporters
in the same percentage as the duties of the full-time position
are apportioned.
(Source: P.A. 86-827.)
 
    (705 ILCS 70/4)  (from Ch. 37, par. 654)
    Sec. 4. Appointment; oath. The chief judge may appoint all
or any of the number of court reporters authorized by Section 3
of this Act certification of the Supreme Court. The court
reporters so appointed shall serve at the direction pleasure of
the chief judge and may be removed by the chief judge.
    Each court reporter appointed shall, before entering upon
the duties of his office, take the official oath to faithfully
discharge the duties of his office to the best of his knowledge
and ability.
    The appointments shall be in writing and shall be filed
with the Clerk of the Circuit Court of the circuit in which the
court reporters are employed Supreme Court and shall continue
in force until revoked by the chief judge of the circuit in
which the court reporter is appointed.
(Source: P.A. 84-1395.)
 
    (705 ILCS 70/4.1)  (from Ch. 37, par. 654.1)
    Sec. 4.1. Appointment and salary of administrative
personnel.
    (a) The employer representative Supreme Court may
authorize the chief judge of any single county circuit in which
official court reporting services are centrally administered,
(1) to appoint from among the court reporters appointed in the
circuit an Administrator of Court Reporters, a Deputy
Administrator of Court Reporters and 2 Assistant
Administrators of Court Reporters, (2) to designate from among
the court reporters appointed in the circuit one Reporter
Supervisor and one Assistant Reporter Supervisor for each
Department and Division of the circuit court, and (3) to
appoint secretarial and other support staff to assist the
Administrator. Each Administrator, Deputy Administrator,
Assistant Administrator, Reporter Supervisor, and Assistant
Reporter Supervisor shall have an "A" proficiency rating, by
examination, as provided in Section 7.
    (b) Administrative personnel appointed under this Section
shall be paid by the State.
    (1) In addition to their regular salary as official court
reporters, the administrative personnel appointed under this
Section shall be paid such additional sums as the employer
representative Supreme Court specifies. Such sums shall be
included in the pay schedule adopted pursuant to Section 8. The
additional amounts paid shall reflect the burden of
administrative responsibility borne by the administrative
personnel and the consequent lack of opportunity to produce
transcripts of testimony. The additional amounts paid to such
personnel shall not exceed the following:
        (A) Administrator of Court Reporters: $20,000 per
    year;
        (B) Deputy Administrator of Court Reporters: $15,000
    per year;
        (C) Assistant Administrators of Court Reporters:
    $13,000 per year;
        (D) Reporter Supervisors: $10,000 per year.
        (E) Assistant Reporter Supervisors: $5,000 per year.
    (2) Each of the secretarial and other support staff
authorized under this Section shall be paid a salary as
determined per year by the employer representative Supreme
Court.
(Source: P.A. 86-1378.)
 
    (705 ILCS 70/5)  (from Ch. 37, par. 655)
    Sec. 5. Means of reporting; transcripts. The court reporter
shall make a full reporting by means of stenographic hand or
machine notes, or a combination thereof, of the evidence and
such other proceedings in trials and judicial proceedings to
which he is assigned by the chief judge, and the court reporter
may use an electronic instrument as a supplementary device. In
the event that the court utilizes an audio or video recording
system to record the proceedings, a court reporter shall be in
charge of such system; however, the appointment of a court
reporter to be in charge of an audio or video recording system
shall not be required where such system is the judge's personal
property or has been supplied by a party or such party's
attorney. To the extent that it does not substantially
interfere with the court reporter's other official duties, the
judge to whom, or a judge of the division to which, a reporter
is assigned may assign a reporter to secretarial or clerical
duties arising out of official court operations.
    Unless and until otherwise provided in a Uniform Schedule
of Charges which may hereafter be provided by rule or order of
the employer representative Supreme Court, a court reporter may
charge not to exceed 25˘ per 100 words for making transcripts
of his notes. The fees for making transcripts shall be paid in
the first instance by the party in whose behalf such transcript
is ordered and shall be taxed in the suit.
    The transcripts shall be filed and remain with the papers
of the case. When the judge trying the case shall, of his own
motion, order a transcript of the court reporter's notes, the
judge may direct the payment of the charges therefor, and the
taxation of the charges as costs in such manner as to him may
seem just. Provided, that the charges for making but one
transcript shall be taxed as costs and the party first ordering
the transcript shall have preference unless it shall be
otherwise ordered by the court.
    The change made to this Section by this amendatory Act of
1987 is intended to apply retroactively from and after January
1, 1987.
(Source: P.A. 85-981.)
 
    (705 ILCS 70/6)  (from Ch. 37, par. 656)
    Sec. 6. Assignment to serve outside of county of
appointment; Travel expenses.
    The chief judge may assign a court reporter to serve
anywhere within the circuit in which the court reporter is
appointed. A court reporter shall be paid travel expenses
incurred in connection with his official duties in his circuit
of appointment outside the county wherein he resides. Subject
to regulations which may be adopted by the Supreme Court, court
reporters shall be allowed travel expenses when traveling
within their county of residence in connection with their
official duties.
    The employer representative Supreme Court may assign a
court reporter to temporary service outside his own circuit,
but within the jurisdiction of the employer representative,
with the consent of the chief judge of his circuit. A court
reporter shall be paid travel expenses incurred in connection
with his official duties during such periods of temporary
assignment.
    Expense vouchers shall be submitted to the employer
representative Supreme Court for approval. The expense
vouchers or claims submitted to the employer representative
Supreme Court shall have endorsed thereon the signed approval
of the chief judge of the circuit in which the court reporter
incurred the expense for which claim is made.
(Source: P.A. 77-1685.)
 
    (705 ILCS 70/7)  (from Ch. 37, par. 657)
    Sec. 7. Proficiency tests. Except as otherwise provided in
this Section, each court reporter in office on January 1, 1966
or appointed on or after that date shall have taken or shall
thereafter take a test to rate his proficiency. The test shall
be prepared and administered by the employer representative in
consultation with each of the other employer representatives
Supreme Court. The test shall consist of three parts designated
Part A, Part B and Part C. If the court reporter in office on
January 1, 1966, or appointed on or after that date,
successfully passes any Part he shall be given a certificate
designating him as an official court reporter. If such court
reporter fails to pass any part, the employer representative
Supreme Court shall so inform the chief judge of the circuit in
which the court reporter serves. Upon receipt of note that a
court reporter has failed to pass any part of the test, the
chief judge may discharge the court reporter or may allow him
to continue until the test is next administered. If, when the
test is next administered, the court reporter fails to pass any
part of the test, he shall be discharged by the chief judge.
    The test shall be administered at least every six months if
there are candidates or applicants for the test. Any court
reporter who has passed Part C of the test may apply to take
the Part B or the Part A section of the test at the regular time
such tests are given. If the court reporter successfully
completes Part B or Part A of the test, his proficiency rating
shall be adjusted to reflect passage of the more difficult
Part.
    Any court reporter who served as a court reporter in a
circuit court for 5 years immediately preceding January 1, 1966
shall be certified as an official court reporter without
examination, and shall be credited with an "A" proficiency
rating, without examination.
(Source: P.A. 84-1395.)
 
    (705 ILCS 70/8)  (from Ch. 37, par. 658)
    Sec. 8. Salaries.
    (a) The salaries of all court reporters shall be paid by
the State. Full-time court reporters shall be paid not less
than $6,000 nor more than $29,500 per year through June 30,
1984. Beginning July 1, 1984, full-time court reporters shall
be paid not less than $6,000 nor more than $31,250 annually.
Beginning July 1, 1985, full-time court reporters shall be paid
not less than $6,000 nor more than $33,250 annually. Beginning
July 1, 1986, full-time court reporters shall be paid not less
than $6,000 nor more than $35,250 annually. Beginning July 1,
1987, full-time court reporters shall be paid not less than
$6,000 nor more than $37,250 annually. Part-time court
reporters shall be paid not less than $12 nor more than $60 per
half-day. The salary of each individual court reporter shall be
computed from a schedule adopted by the employer representative
Supreme Court. The salary schedule shall reflect the following
relevant factors: (1) proficiency rating; (2) experience; (3)
population of the area to which a reporter is normally
assigned; (3-1) court reporters shall receive the same annual
percentage salary increase as provided to other State-paid
non-judicial employees of the Judicial Branch with equivalent
salaries, except that notwithstanding any other provision of
law, salaries of full time court reporters shall be increased
by at least a percentage increase equivalent to that of the
"Employment Cost Index, Wages and Salaries, by Occupation and
Industry Groups, State and Local Government Workers Public
Administration", as published by the Bureau of Labor Statistics
of the U.S. Department of Labor for the calendar year
immediately preceding the year of the respective July 1st
increase date. The increase shall be added to the then current
annual salary and the adjusted salary so determined shall be
the annual salary beginning July 1 of the increase year until
July 1 of the next year; (4) other factors considered relevant
by the Director.
    (b) (Blank). Not less than 60 days before the effective
date of this Act, the chief judge of each circuit shall submit
to the Supreme Court, on forms to be provided by the Supreme
Court, such information as may be necessary to implement the
Provisions of this Act.
    (c) A court reporter who has previously passed, or who
hereafter passes, Part A or Part B of a proficiency test
prepared and administered by the employer representative
Supreme Court shall be credited with an "A" or "B" proficiency
rating, as appropriate.
    (d) A court reporter who has been credited with an "A"
proficiency rating, without examination, as provided in
Section 7 of this Act, shall receive a salary of $10,000 per
annum. Any increase in the maximum salary payable to reporters
shall not result in any increase for such reporter unless and
until he has passed the proficiency test.
    (e) The salaries of all official court reporters employed
by the State shall be paid monthly, from moneys appropriated to
the Comptroller for that purpose, on the voucher of the chief
judge of the circuit employing the court reporters Supreme
Court. The Comptroller Supreme Court may require all salary
claims by part-time reporters to be substantiated by
certificates signed by the reporter and approved by the chief
judge of the circuit.
    (f) The salaries of time share court reporter positions may
be apportioned in the manner provided in Section 3 of this Act.
(Source: P.A. 88-475.)
 
    (705 ILCS 70/8.1 new)
    Sec. 8.1. Appropriation request. Each employer
representative shall make an annual appropriation request in
January to the General Assembly to fund court reporters. When
necessary, an employer representative may request supplemental
appropriations to fund court reporters.
 
    Section 15. The Court Reporter Transcript Act is amended by
changing Section 4 as follows:
 
    (705 ILCS 75/4)  (from Ch. 37, par. 664)
    Sec. 4. The reporter, in full for all his services in
connection with the transcribing and filing or furnishing the
transcripts referred to in this Act, shall be paid a fee as
provided in Section 5 of the Court Reporters Act, approved
August 5, 1965, as amended. All such fees shall be paid out of
the State Treasury on the warrant of the chief judge of the
circuit employing the court reporter Supreme Court, from
appropriations made to the Comptroller for such purpose, upon
presentation of a certificate signed by the presiding judge
setting the amount due said reporter. Such certificate shall as
to each original transcript (and a copy or copies where fee for
a copy or copies is authorized by statute or Illinois Supreme
Court Rule) set forth the title and number of the cause in
which the transcript was required to be furnished, the nature
of the proceedings transcribed (whether an arraignment,
proceedings at criminal trial or proceedings at
post-conviction hearing) and the fee approved therefor. The
employer representative, as defined in the Court Reporters Act,
Supreme Court may prescribe the form of the certificate and
furnish same.
(Source: P.A. 90-505, eff. 8-19-97.)
 
    Section 95. Liberal construction. This Act shall be
liberally construed to effectuate its purpose of facilitating
the equitable resolution of labor relations concerning court
reporters.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/1/2005