Bill Text: IL SB0397 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Court Reporters Act. Deletes language providing specific factors to consider when determining how many court reporters are needed in each circuit. Provides that the employer representative may authorize the chief judge of any circuit to appoint administrative, supervisory, and clerical staff when a need for such positions has been substantiated (rather than to appoint or designate a court reporter to a specific position). Provides that additional amounts paid to personnel shall be determined by the employer representative. Deletes language providing that additional amounts paid to personnel shall not exceed certain amounts. Provides that the audio or video recording system utilized by the court shall be approved by the Supreme Court. Deletes language providing that a court reporter shall not be in charge of an audio or video recording system where the system is the judge's personal property or has been supplied by a party or a party's attorney. Provides that a court reporting services employee may charge a page rate for the preparation of transcripts of court proceedings not to exceed the rate set by the employer representative (rather than not to exceed 25 cents per 100 words). Deletes language providing that the transcripts shall be filed and remain with the papers of the case. Provides that expense vouchers or claims submitted to the Office of the Comptroller for payment shall have the signed approval of the chief judge of the circuit court in which the court reporter is appointed (rather the chief judge of the circuit court in which the court reporter incurred the expense for which claim is made). Provides that each court reporter shall take a test to verify (rather than rate) his or her proficiency within one year of employment. Provides that the test shall be prepared and administered pursuant to standards set by rules. Provides that a proficiency test passed prior to employment may be accepted as proof of proficiency. Deletes language providing that the test shall consist of 3 parts and be administered at least every 6 months. Deletes language providing specific amounts for a court reporter's salary. Deletes language providing for credited court reporter proficiency ratings. Deletes language requiring an annual appropriation request to be made in January. Provides that the employer representatives (rather than the Supreme Court) shall collectively bargain over wages, hours, and terms and conditions of employment of all persons employed as court reporters, appoint arbitrators under specified circumstances, and create a roster of arbitrators who are available and qualified for appointment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-26 - Public Act . . . . . . . . . 101-0581 [SB0397 Detail]
Download: Illinois-2019-SB0397-Chaptered.html
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Public Act 101-0581 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Court Reporters Act is amended by changing | ||||
Sections 1, 3, 4, 4.1, 5, 6, 7, 8, 8.1, 8.2, and 8.5 as follows:
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(705 ILCS 70/1) (from Ch. 37, par. 651)
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Sec. 1. Definitions. In this Act:
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"Court reporter" means any person
appointed by the chief | ||||
judge of any circuit to perform the duties
prescribed in | ||||
Section 5 of this Act.
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"Court reporting services employee" means any person | ||||
employed by a chief judge of any circuit to take the court | ||||
record by stenographic or electronic means. "Court reporting | ||||
services employee" includes administrative personnel as | ||||
permitted by Section 4.1 of this Act. | ||||
"Employer representative" means, with respect to wages, | ||||
fringe
benefits, hours, holidays, vacation, proficiency
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examinations, sick leave, and other conditions of
employment:
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(1) For court reporters employed by the Cook County | ||||
Judicial
Circuit Court of Cook County , the chief judge of | ||||
the Cook County Circuit Court of Cook County .
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(2) For court reporters employed by the 12th, 18th, | ||||
19th, and , on and after December 4, 2006, the 22nd judicial
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circuits, a group consisting of the chief judges of those | ||
circuits, acting
jointly by majority vote.
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(3) For court reporters employed by all other judicial | ||
circuits, the
chief judges of those circuits, acting | ||
jointly by majority vote.
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The chief judge of the judicial circuit that employs a | ||
public employee who
is
a court reporter, as defined in this the | ||
Court Reporters Act, has the authority to
hire, appoint, | ||
promote, evaluate, discipline, and discharge court reporters
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within that judicial circuit.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/3) (from Ch. 37, par. 653)
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Sec. 3. Number; determination and certification.
The | ||
number of full-time and part-time court reporters that may be
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appointed in each circuit shall be determined by the
employer | ||
representative. In
determining how many court reporters are | ||
needed in each circuit the
employer representative shall | ||
consider the following factors: (1) case loads in the circuit;
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(2) the number of associate judges and circuit judges in the | ||
circuit; (3) (blank)
the number and location in the circuit of | ||
major federal and state highways ;
(4) (blank) the location in | ||
the circuit of state police highway truck weighing
stations ; | ||
(5) (blank) the relationship of urban population to large | ||
metropolitan
centers in the various counties of the circuit ; | ||
(6) (blank) the location in the
circuit of state institutions |
including, but not limited to, universities,
colleges, mental | ||
health facilities, penitentiaries ; (7) (blank) the number of
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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.
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The employer representative
may, as the need arises, | ||
increase or lower the
number of such court reporters so | ||
authorized.
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The Chief Judge of each circuit may designate any number of | ||
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.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/4) (from Ch. 37, par. 654)
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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. The court
reporters so appointed shall serve at | ||
the direction of the
chief judge and
may be removed by the | ||
chief judge.
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Each court reporter appointed shall, before entering upon |
the duties of
his or her office, take the official oath to | ||
faithfully discharge the duties of
his or her office to the | ||
best of his or her knowledge and ability.
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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 and shall continue in force until | ||
revoked by the
chief judge
of the circuit in which the court | ||
reporter is appointed.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/4.1) (from Ch. 37, par. 654.1)
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Sec. 4.1. Appointment and salary of administrative | ||
personnel.
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(a) The
employer representative may authorize the chief | ||
judge of
any single county circuit to appoint administrative, | ||
supervisory, and clerical staff when a need for such positions | ||
has been substantiated, except that in Cook County, supervisory | ||
and administrative personnel shall be appointed from among the | ||
court reporting services' pool of employees when such a need | ||
has been substantiated
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
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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
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rating, by examination, as provided in Section 7 .
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(b) Administrative personnel appointed under this Section | ||
shall be
paid by the State.
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(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
specifies. Such
sums shall be | ||
included in the pay schedule adopted pursuant to Section
8. | ||
The additional amounts paid shall reflect the burden of
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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 be determined by the employer | ||
representative. not exceed the
following:
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(A) Administrator of Court Reporters: $20,000 per | ||
year;
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(B) Deputy Administrator of Court Reporters: | ||
$15,000 per year;
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(C) Assistant Administrators of Court Reporters: | ||
$13,000 per year;
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(D) Reporter Supervisors: $10,000 per year.
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(E) Assistant Reporter Supervisors: $5,000 per | ||
year.
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(2) Each of the administrative, supervisory, | ||
secretarial and other support staff
authorized under this | ||
Section shall be paid a salary as determined per
year by | ||
the employer representative.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/5) (from Ch. 37, par. 655)
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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 or she 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 approved by the Supreme Court to record the | ||
proceedings, a
court reporting services employee 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 | ||
may be is
assigned may assign a reporter to secretarial or |
clerical duties arising
out of official court operations.
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A court reporting services employee may charge a page rate | ||
for the preparation of transcripts of court proceedings not to | ||
exceed the rate set by the employer representative in the | ||
Uniform Schedule of Charges for Transcripts. | ||
Unless and until otherwise provided in a Uniform Schedule
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of Charges which may hereafter be provided by rule or order of | ||
the employer
representative, 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
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ordered and shall be taxed in the suit.
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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
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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.
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The change made to this Section by this amendatory Act of | ||
1987 is
intended to apply retroactively from and after January | ||
1, 1987.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/6) (from Ch. 37, par. 656)
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Sec. 6. Assignment to serve outside of county of | ||
appointment; Travel
expenses.
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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 or her official duties in his
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or her circuit of appointment outside the county wherein he or | ||
she resides. Subject to
regulations which may be adopted by the | ||
employer representative Supreme Court , court reporters
shall | ||
be allowed travel expenses when traveling within their county | ||
of
residence in connection with their official duties.
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The employer representative may assign a court reporter
to | ||
temporary service
outside his or her 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 | ||
or her official duties during such periods of temporary | ||
assignment.
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Expense vouchers shall be submitted to the employer | ||
representative for approval.
The expense vouchers or claims | ||
submitted to the Office of the Comptroller for payment employer | ||
representative shall have
endorsed thereon the signed approval | ||
of the chief judge of the circuit in
which the court reporter | ||
is appointed incurred the expense for which claim is made .
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/7) (from Ch. 37, par. 657)
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Sec. 7. Proficiency tests.
Each 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
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taken or shall thereafter take a test to verify rate his or her | ||
proficiency within one year of employment . The test
shall be | ||
prepared and administered by the employer representative in
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consultation with each of the other employer representatives | ||
pursuant to standards set by rules. A proficiency test passed | ||
prior to employment may be accepted by the chief judge as proof | ||
of proficiency . The test shall
consist of three parts
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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 | ||
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.
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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
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shall be adjusted to reflect passage of the more difficult | ||
Part.
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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.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/8) (from Ch. 37, par. 658)
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Sec. 8. Salaries.
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(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. 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
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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
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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
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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 employer representative Director .
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(b) (Blank).
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(c) (Blank). 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 shall |
be credited with an "A" or
"B" proficiency rating, as
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appropriate.
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(d) (Blank). 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.
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(e) The salaries of all official court reporters employed | ||
by the State
shall be paid semi-monthly monthly , from moneys | ||
appropriated to the Comptroller for that
purpose, on the | ||
voucher of the chief judge of the circuit employing the
court | ||
reporters. The Comptroller 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.
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(f) (Blank). The salaries of time share court reporter | ||
positions may be
apportioned in the manner provided in Section | ||
3 of this Act.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/8.1)
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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
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necessary, an employer representative may request supplemental | ||
appropriations
to fund court reporters.
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(Source: P.A. 94-98, eff. 7-1-05.)
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(705 ILCS 70/8.2)
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Sec. 8.2. Collective Supreme Court; collective bargaining. | ||
The employer representatives Supreme Court shall
collectively | ||
bargain over wages, hours, and terms and conditions of | ||
employment
of all persons employed as court reporting services | ||
employees reporters in this State if so agreed upon by a | ||
majority vote of the employees within each employer group . The | ||
employer representative Supreme Court
shall recognize an | ||
exclusive bargaining representative of persons employed as
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court reporting services employees reporters in this State, if | ||
that representative makes a showing, through
an election or | ||
otherwise, that it represents a majority of the court reporters | ||
within the employer group ,
in accordance with procedures for | ||
verifying majority status established by the
Court .
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(Source: P.A. 93-89, eff. 7-2-03.)
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(705 ILCS 70/8.5)
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Sec. 8.5. Advisory arbitration for collective bargaining .
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(a) All matters concerning wages, hours, and terms and | ||
conditions of
employment of court reporters are subject to | ||
advisory, non-binding arbitration.
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(b) Any party to a collective bargaining agreement with the | ||
exclusive
bargaining representative chosen under Section 8.2 | ||
may request that any matter
concerning wages, hours, or terms |
and conditions of employment of court
reporters shall be | ||
submitted to advisory, non-binding arbitration and that the | ||
employer representative
Supreme Court shall appoint | ||
arbitrators. Upon receiving such a request, the employer | ||
representative
Court shall appoint a panel of one or more | ||
arbitrators and submit the matter
to the panel for advisory, | ||
non-binding arbitration. The employer representative Court | ||
shall consult
with the parties in determining acceptable | ||
arbitrators.
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(c) Arbitrators appointed by the employer representative | ||
Supreme Court under this
Section are entitled to compensation | ||
and to reimbursement for their reasonable
expenses
actually | ||
incurred in performing their duties, as provided by rules | ||
adopted by
the employer representative Court .
Arbitrators' | ||
compensation and reimbursement shall be paid from moneys
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appropriated for that purpose.
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(d) The employer representative Supreme Court shall create | ||
a roster of arbitrators who are available
and qualified for | ||
appointment under this Section , as provided by rules adopted
by | ||
the Court .
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(Source: P.A. 93-89, eff. 7-2-03.)
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