Full Text of HB2260 94th General Assembly
HB2260enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Public Labor Relations Act is | 5 |
| amended by changing
Sections 3 and 4 and adding Section 2.5 as | 6 |
| follows:
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| (5 ILCS 315/2.5 new)
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| Sec. 2.5. Findings and declarations; court reporters. The | 9 |
| General Assembly
finds and
declares:
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| (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, are | 13 |
| granted collective bargaining rights as provided
in this Act.
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| (2) The Illinois Supreme Court in the case of AOIC v. | 15 |
| Teamsters 726 ruled
that the Illinois Public Labor Relations | 16 |
| Board could not assert jurisdiction
over the Illinois official | 17 |
| certified court reporters because the Supreme Court
is their | 18 |
| co-employer together with the Chief Judges of each judicial | 19 |
| circuit.
| 20 |
| (3) As a result of the Supreme Court's decision, the | 21 |
| Illinois official
certified
court
reporters have been denied | 22 |
| the labor rights afforded all other State employees,
including | 23 |
| the rights
to organize, to obtain recognition of their chosen | 24 |
| collective bargaining
representative, and to
negotiate with | 25 |
| respect to the wages, terms, and conditions of their | 26 |
| employment.
| 27 |
| (4) The General Assembly intends to create a statutory | 28 |
| framework to allow
Illinois
official court reporters to enjoy | 29 |
| the same collective bargaining and other
labor rights granted | 30 |
| to other
public employees.
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| (5) Senate Resolution 431 and House Resolution 706, both of | 32 |
| the 92nd General
Assembly, were adopted, and in enacting this |
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| amendatory Act of the 94th General
Assembly, the
General | 2 |
| Assembly is implementing the intent of those resolutions.
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| (5 ILCS 315/3) (from Ch. 48, par. 1603)
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| Sec. 3. Definitions. As used in this Act, unless the | 5 |
| context
otherwise requires:
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| (a) "Board" means the Illinois
Labor Relations Board or, | 7 |
| with respect to a matter over which the
jurisdiction of the | 8 |
| Board is assigned to the State Panel or the Local Panel
under | 9 |
| Section 5, the panel having jurisdiction over the matter.
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| (b) "Collective bargaining" means bargaining over terms | 11 |
| and conditions
of employment, including hours, wages, and other | 12 |
| conditions of employment,
as detailed in Section 7 and which | 13 |
| are not excluded by Section 4.
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| (c) "Confidential employee" means an employee who, in the | 15 |
| regular course
of his or her duties, assists and acts in a | 16 |
| confidential capacity to persons
who formulate, determine, and | 17 |
| effectuate management policies with regard
to labor relations | 18 |
| or who, in the regular course of his or her duties, has
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| authorized access to information relating to the effectuation
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| or review of the employer's collective bargaining policies.
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| (d) "Craft employees" means skilled journeymen, crafts | 22 |
| persons, and their
apprentices and helpers.
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| (e) "Essential services employees" means those public | 24 |
| employees
performing functions so essential that the | 25 |
| interruption or termination of
the function will constitute a | 26 |
| clear and present danger to the health and
safety of the | 27 |
| persons in the affected community.
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| (f) "Exclusive representative", except with respect to | 29 |
| non-State fire
fighters and paramedics employed by fire | 30 |
| departments and fire protection
districts, non-State peace | 31 |
| officers, and peace officers in the
Department of State Police, | 32 |
| means the labor organization that has
been (i) designated by | 33 |
| the Board as the representative of a majority of public
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| employees in an appropriate bargaining unit in accordance with | 35 |
| the procedures
contained in this Act, (ii) historically
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| recognized by the State of Illinois or
any political | 2 |
| subdivision of the State before July 1, 1984
(the effective | 3 |
| date of this
Act) as the exclusive representative of the | 4 |
| employees in an appropriate
bargaining unit, (iii) after July | 5 |
| 1, 1984 (the
effective date of this Act) recognized by an
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| employer upon evidence, acceptable to the Board, that the labor
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| organization has been designated as the exclusive | 8 |
| representative by a
majority of the employees in an appropriate | 9 |
| bargaining unit;
or (iv) recognized as the exclusive | 10 |
| representative of personal care attendants
or personal
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| assistants under Executive Order 2003-8 prior to the effective | 12 |
| date of this
amendatory
Act of the 93rd General Assembly, and | 13 |
| the organization shall be considered to
be the
exclusive | 14 |
| representative of the personal care attendants or personal | 15 |
| assistants
as defined
in this Section.
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| With respect to non-State fire fighters and paramedics | 17 |
| employed by fire
departments and fire protection districts, | 18 |
| non-State peace officers, and
peace officers in the Department | 19 |
| of State Police,
"exclusive representative" means the labor | 20 |
| organization that has
been (i) designated by the Board as the | 21 |
| representative of a majority of peace
officers or fire fighters | 22 |
| in an appropriate bargaining unit in accordance
with the | 23 |
| procedures contained in this Act, (ii)
historically recognized
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| by the State of Illinois or any political subdivision of the | 25 |
| State before
January 1, 1986 (the effective date of this | 26 |
| amendatory Act of 1985) as the exclusive
representative by a | 27 |
| majority of the peace officers or fire fighters in an
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| appropriate bargaining unit, or (iii) after January 1,
1986 | 29 |
| (the effective date of this amendatory
Act of 1985) recognized | 30 |
| by an employer upon evidence, acceptable to the
Board, that the | 31 |
| labor organization has been designated as the exclusive
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| representative by a majority of the peace officers or fire | 33 |
| fighters in an
appropriate bargaining unit.
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| (g) "Fair share agreement" means an agreement between the | 35 |
| employer and
an employee organization under which all or any of | 36 |
| the employees in a
collective bargaining unit are required to |
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| pay their proportionate share of
the costs of the collective | 2 |
| bargaining process, contract administration, and
pursuing | 3 |
| matters affecting wages, hours, and other conditions of | 4 |
| employment,
but not to exceed the amount of dues uniformly | 5 |
| required of members. The
amount certified by the exclusive | 6 |
| representative shall not include any fees
for contributions | 7 |
| related to the election or support of any candidate for
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| political office. Nothing in this subsection (g) shall
preclude | 9 |
| an employee from making
voluntary political contributions in | 10 |
| conjunction with his or her fair share
payment.
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| (g-1) "Fire fighter" means, for the purposes of this Act | 12 |
| only, any
person who has been or is hereafter appointed to a | 13 |
| fire department or fire
protection district or employed by a | 14 |
| state university and sworn or
commissioned to perform fire | 15 |
| fighter duties or paramedic duties, except that the
following | 16 |
| persons are not included: part-time fire fighters,
auxiliary, | 17 |
| reserve or voluntary fire fighters, including paid on-call fire
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| fighters, clerks and dispatchers or other civilian employees of | 19 |
| a fire
department or fire protection district who are not | 20 |
| routinely expected to
perform fire fighter duties, or elected | 21 |
| officials.
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| (g-2) "General Assembly of the State of Illinois" means the
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| legislative branch of the government of the State of Illinois, | 24 |
| as provided
for under Article IV of the Constitution of the | 25 |
| State of Illinois, and
includes but is not limited to the House | 26 |
| of Representatives, the Senate,
the Speaker of the House of | 27 |
| Representatives, the Minority Leader of the
House of | 28 |
| Representatives, the President of the Senate, the Minority | 29 |
| Leader
of the Senate, the Joint Committee on Legislative | 30 |
| Support Services and any
legislative support services agency | 31 |
| listed in the Legislative Commission
Reorganization Act of | 32 |
| 1984.
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| (h) "Governing body" means, in the case of the State, the | 34 |
| State Panel of
the Illinois Labor Relations Board, the Director | 35 |
| of the Department of Central
Management Services, and the | 36 |
| Director of the Department of Labor; the county
board in the |
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| case of a county; the corporate authorities in the case of a
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| municipality; and the appropriate body authorized to provide | 3 |
| for expenditures
of its funds in the case of any other unit of | 4 |
| government.
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| (i) "Labor organization" means any organization in which | 6 |
| public employees
participate and that exists for the purpose, | 7 |
| in whole or in part, of dealing
with a public employer | 8 |
| concerning wages, hours, and other terms and conditions
of | 9 |
| employment, including the settlement of grievances.
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| (j) "Managerial employee" means an individual who is | 11 |
| engaged
predominantly in executive and management functions | 12 |
| and is charged with the
responsibility of directing the | 13 |
| effectuation of management policies
and practices.
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| (k) "Peace officer" means, for the purposes of this Act | 15 |
| only, any
persons who have been or are hereafter appointed to a | 16 |
| police force,
department, or agency and sworn or commissioned | 17 |
| to perform police duties,
except that the following persons are | 18 |
| not
included: part-time police
officers, special police | 19 |
| officers, auxiliary police as defined by Section
3.1-30-20 of | 20 |
| the Illinois Municipal Code, night watchmen, "merchant | 21 |
| police",
court security officers as defined by Section 3-6012.1 | 22 |
| of the Counties
Code,
temporary employees, traffic guards or | 23 |
| wardens, civilian parking meter and
parking facilities | 24 |
| personnel or other individuals specially appointed to
aid or | 25 |
| direct traffic at or near schools or public functions or to aid | 26 |
| in
civil defense or disaster, parking enforcement employees who | 27 |
| are not
commissioned as peace officers and who are not armed | 28 |
| and who are not
routinely expected to effect arrests, parking | 29 |
| lot attendants, clerks and
dispatchers or other civilian | 30 |
| employees of a police department who are not
routinely expected | 31 |
| to effect arrests, or elected officials.
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| (l) "Person" includes one or more individuals, labor | 33 |
| organizations, public
employees, associations, corporations, | 34 |
| legal representatives, trustees,
trustees in bankruptcy, | 35 |
| receivers, or the State of Illinois or any political
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| subdivision of the State or governing body, but does not |
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| include the General
Assembly of the State of Illinois or any | 2 |
| individual employed by the General
Assembly of the State of | 3 |
| Illinois.
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| (m) "Professional employee" means any employee engaged in | 5 |
| work predominantly
intellectual and varied in character rather | 6 |
| than routine mental, manual,
mechanical or physical work; | 7 |
| involving the consistent exercise of discretion
and adjustment | 8 |
| in its performance; of such a character that the output | 9 |
| produced
or the result accomplished cannot be standardized in | 10 |
| relation to a given
period of time; and requiring advanced | 11 |
| knowledge in a field of science or
learning customarily | 12 |
| acquired by a prolonged course of specialized intellectual
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| instruction and study in an institution of higher learning or a | 14 |
| hospital,
as distinguished from a general academic education or | 15 |
| from apprenticeship
or from training in the performance of | 16 |
| routine mental, manual, or physical
processes; or any employee | 17 |
| who has completed the courses of specialized
intellectual | 18 |
| instruction and study prescribed in this subsection (m) and is
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| performing related
work under the supervision of a professional | 20 |
| person to qualify to become
a professional employee as defined | 21 |
| in this subsection (m).
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| (n) "Public employee" or "employee", for the purposes of | 23 |
| this Act, means
any individual employed by a public employer, | 24 |
| including interns and residents
at public hospitals
and, as of | 25 |
| the effective date of this amendatory Act of the 93rd General
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| Assembly, but not
before, personal care attendants and personal | 27 |
| assistants working under the Home
Services
Program under | 28 |
| Section 3 of the Disabled Persons Rehabilitation Act, subject | 29 |
| to
the
limitations set forth in this Act and in the Disabled | 30 |
| Persons Rehabilitation
Act,
but excluding all of the following: | 31 |
| employees of the
General Assembly of the State of Illinois; | 32 |
| elected officials; executive
heads of a department; members of | 33 |
| boards or commissions; the Executive
Inspectors General; any | 34 |
| special Executive Inspectors General; employees of each
Office | 35 |
| of an Executive Inspector General;
commissioners and employees | 36 |
| of the Executive Ethics Commission; the Auditor
General's |
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| Inspector General; employees of the Office of the Auditor | 2 |
| General's
Inspector General; the Legislative Inspector | 3 |
| General; any special Legislative
Inspectors General; employees | 4 |
| of the Office
of the Legislative Inspector General;
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| commissioners and employees of the Legislative Ethics | 6 |
| Commission;
employees
of any
agency, board or commission | 7 |
| created by this Act; employees appointed to
State positions of | 8 |
| a temporary or emergency nature; all employees of school
| 9 |
| districts and higher education institutions except | 10 |
| firefighters and peace
officers employed
by a state university; | 11 |
| managerial employees; short-term employees;
confidential | 12 |
| employees; independent contractors; and supervisors except as
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| provided in this Act.
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| Personal care attendants and personal assistants shall not | 15 |
| be considered
public
employees for any purposes not | 16 |
| specifically provided for in this amendatory Act
of the
93rd | 17 |
| General Assembly, including but not limited to, purposes of | 18 |
| vicarious
liability in tort
and purposes of statutory | 19 |
| retirement or health insurance benefits. Personal
care
| 20 |
| attendants and personal assistants shall not be covered by the | 21 |
| State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
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| Notwithstanding Section 9, subsection (c), or any other | 23 |
| provisions of
this Act, all peace officers above the rank of | 24 |
| captain in
municipalities with more than 1,000,000 inhabitants | 25 |
| shall be excluded
from this Act.
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| (o) Except as otherwise in subsection (o-5), " public
Public | 27 |
| employer" or "employer" means the State of Illinois; any
| 28 |
| political subdivision of the State, unit of local government or | 29 |
| school
district; authorities including departments, divisions, | 30 |
| bureaus, boards,
commissions, or other agencies of the | 31 |
| foregoing entities; and any person
acting within the scope of | 32 |
| his or her authority, express or implied, on
behalf of those | 33 |
| entities in dealing with its employees.
As of the effective | 34 |
| date of this amendatory Act of the 93rd General Assembly,
but | 35 |
| not
before, the State of Illinois shall be considered the | 36 |
| employer of the personal
care
attendants and personal |
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| assistants working under the Home Services Program
under
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| Section 3 of the Disabled Persons Rehabilitation Act, subject | 3 |
| to the
limitations set forth
in this Act and in the Disabled | 4 |
| Persons Rehabilitation Act. The State shall not
be
considered | 5 |
| to be the employer of personal care attendants and personal
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| assistants for any
purposes not specifically provided for in | 7 |
| this amendatory Act of the 93rd
General
Assembly, including but | 8 |
| not limited to, purposes of vicarious liability in tort
and
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| purposes of statutory retirement or health insurance benefits. | 10 |
| Personal care
attendants
and personal assistants shall not be | 11 |
| covered by the State Employees Group
Insurance Act of 1971
(5 | 12 |
| ILCS 375/).
"Public employer" or
"employer" as used in this | 13 |
| Act, however, does not
mean and shall not include the General | 14 |
| Assembly of the State of Illinois,
the Executive Ethics | 15 |
| Commission, the Offices of the Executive Inspectors
General, | 16 |
| the Legislative Ethics Commission, the Office of the | 17 |
| Legislative
Inspector General, the Office of the Auditor | 18 |
| General's Inspector General,
and educational employers or | 19 |
| employers as defined in the Illinois
Educational Labor | 20 |
| Relations Act, except with respect to a state university in
its | 21 |
| employment of firefighters and peace officers. County boards | 22 |
| and county
sheriffs shall be
designated as joint or | 23 |
| co-employers of county peace officers appointed
under the | 24 |
| authority of a county sheriff. Nothing in this subsection
(o) | 25 |
| shall be construed
to prevent the State Panel or the Local | 26 |
| Panel
from determining that employers are joint or | 27 |
| co-employers.
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| (o-5) With respect to
wages, fringe
benefits, hours, | 29 |
| holidays, vacations, proficiency
examinations, sick leave, and | 30 |
| other conditions of
employment, the public employer of public | 31 |
| employees who are court reporters, as
defined in the Court | 32 |
| Reporters Act, shall be determined as
follows:
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| (1) For court reporters employed by the Cook County | 34 |
| Judicial
Circuit, the chief judge of the Cook County | 35 |
| Circuit
Court is the public employer and employer | 36 |
| representative.
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| (2) For court reporters employed by the 12th, 18th, | 2 |
| 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 | 4 |
| circuits, acting
jointly by majority vote, is the public | 5 |
| employer and employer representative.
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| (3) For court reporters employed by all other judicial | 7 |
| circuits,
a group consisting of the chief judges of those | 8 |
| circuits, acting jointly by
majority vote, is the public | 9 |
| employer and employer representative.
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| (p) "Security employee" means an employee who is | 11 |
| responsible for the
supervision and control of inmates at | 12 |
| correctional facilities. The term
also includes other | 13 |
| non-security employees in bargaining units having the
majority | 14 |
| of employees being responsible for the supervision and control | 15 |
| of
inmates at correctional facilities.
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| (q) "Short-term employee" means an employee who is employed | 17 |
| for less
than 2 consecutive calendar quarters during a calendar | 18 |
| year and who does
not have a reasonable assurance that he or | 19 |
| she will be rehired by the
same employer for the same service | 20 |
| in a subsequent calendar year.
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| (r) "Supervisor" is an employee whose principal work is | 22 |
| substantially
different from that of his or her subordinates | 23 |
| and who has authority, in the
interest of the employer, to | 24 |
| hire, transfer, suspend, lay off, recall,
promote, discharge, | 25 |
| direct, reward, or discipline employees, to adjust
their | 26 |
| grievances, or to effectively recommend any of those actions, | 27 |
| if the
exercise
of that authority is not of a merely routine or | 28 |
| clerical nature, but
requires the consistent use of independent | 29 |
| judgment. Except with respect to
police employment, the term | 30 |
| "supervisor" includes only those individuals
who devote a | 31 |
| preponderance of their employment time to exercising that
| 32 |
| authority, State supervisors notwithstanding. In addition, in | 33 |
| determining
supervisory status in police employment, rank | 34 |
| shall not be determinative.
The Board shall consider, as | 35 |
| evidence of bargaining unit inclusion or
exclusion, the common | 36 |
| law enforcement policies and relationships between
police |
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| officer ranks and certification under applicable civil service | 2 |
| law,
ordinances, personnel codes, or Division 2.1 of Article 10 | 3 |
| of the Illinois
Municipal Code, but these factors shall not
be | 4 |
| the sole or predominant factors considered by the Board in | 5 |
| determining
police supervisory status.
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| Notwithstanding the provisions of the preceding paragraph, | 7 |
| in determining
supervisory status in fire fighter employment, | 8 |
| no fire fighter shall be
excluded as a supervisor who has | 9 |
| established representation rights under
Section 9 of this Act. | 10 |
| Further, in new fire fighter units, employees shall
consist of | 11 |
| fire fighters of the rank of company officer and below. If a | 12 |
| company officer otherwise qualifies as a supervisor under the | 13 |
| preceding paragraph, however, he or she shall
not be included | 14 |
| in the fire fighter
unit. If there is no rank between that of | 15 |
| chief and the
highest company officer, the employer may | 16 |
| designate a position on each
shift as a Shift Commander, and | 17 |
| the persons occupying those positions shall
be supervisors. All | 18 |
| other ranks above that of company officer shall be
supervisors.
| 19 |
| (s) (1) "Unit" means a class of jobs or positions that are | 20 |
| held by
employees whose collective interests may suitably | 21 |
| be represented by a labor
organization for collective | 22 |
| bargaining. Except with respect to non-State fire
fighters | 23 |
| and paramedics employed by fire departments and fire | 24 |
| protection
districts, non-State peace officers, and peace | 25 |
| officers in the Department of
State Police, a bargaining | 26 |
| unit determined by the Board shall not include both
| 27 |
| employees and supervisors, or supervisors only, except as | 28 |
| provided in paragraph
(2) of this subsection (s) and except | 29 |
| for bargaining units in existence on July
1, 1984 (the | 30 |
| effective date of this Act). With respect to non-State fire
| 31 |
| fighters and paramedics employed by fire departments and | 32 |
| fire protection
districts, non-State peace officers, and | 33 |
| peace officers in the Department of
State Police, a | 34 |
| bargaining unit determined by the Board shall not include | 35 |
| both
supervisors and nonsupervisors, or supervisors only, | 36 |
| except as provided in
paragraph (2) of this subsection (s) |
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| and except for bargaining units in
existence on January 1, | 2 |
| 1986 (the effective date of this amendatory Act of
1985). A | 3 |
| bargaining unit determined by the Board to contain peace | 4 |
| officers
shall contain no employees other than peace | 5 |
| officers unless otherwise agreed to
by the employer and the | 6 |
| labor organization or labor organizations involved.
| 7 |
| Notwithstanding any other provision of this Act, a | 8 |
| bargaining unit, including a
historical bargaining unit, | 9 |
| containing sworn peace officers of the Department
of | 10 |
| Natural Resources (formerly designated the Department of | 11 |
| Conservation) shall
contain no employees other than such | 12 |
| sworn peace officers upon the effective
date of this | 13 |
| amendatory Act of 1990 or upon the expiration date of any
| 14 |
| collective bargaining agreement in effect upon the | 15 |
| effective date of this
amendatory Act of 1990 covering both | 16 |
| such sworn peace officers and other
employees.
| 17 |
| (2) Notwithstanding the exclusion of supervisors from | 18 |
| bargaining units
as provided in paragraph (1) of this | 19 |
| subsection (s), a public
employer may agree to permit its | 20 |
| supervisory employees to form bargaining units
and may | 21 |
| bargain with those units. This Act shall apply if the | 22 |
| public employer
chooses to bargain under this subsection.
| 23 |
| (3) Public employees who are court reporters, as | 24 |
| defined
in the Court Reporters Act,
shall be divided into 3 | 25 |
| units for collective bargaining purposes. One unit
shall be | 26 |
| court reporters employed by the Cook County Judicial | 27 |
| Circuit; one
unit shall be court reporters employed by the | 28 |
| 12th, 18th, 19th, and, on and after December 4, 2006, the | 29 |
| 22nd judicial
circuits; and one unit shall be court | 30 |
| reporters employed by all other
judicial circuits.
| 31 |
| (Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03.)
| 32 |
| (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 33 |
| Sec. 4. Management Rights. Employers shall not be required | 34 |
| to bargain
over matters of inherent managerial policy, which | 35 |
| shall include such areas
of discretion or policy as the |
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| functions of the employer, standards of
services,
its overall | 2 |
| budget, the organizational structure and selection of new
| 3 |
| employees, examination techniques
and direction of employees. | 4 |
| Employers, however, shall be required to bargain
collectively | 5 |
| with regard to
policy matters directly affecting wages, hours | 6 |
| and terms and conditions of employment
as well as the impact | 7 |
| thereon upon request by employee representatives.
| 8 |
| To preserve the rights of employers and exclusive | 9 |
| representatives which
have established collective bargaining | 10 |
| relationships or negotiated collective
bargaining agreements | 11 |
| prior to the effective date of this Act, employers
shall be | 12 |
| required to bargain collectively with regard to any matter | 13 |
| concerning
wages, hours or conditions of employment about which | 14 |
| they have bargained
for and agreed to in a collective | 15 |
| bargaining agreement
prior to the effective date of this Act.
| 16 |
| The chief judge of the judicial circuit that employs a | 17 |
| public employee who
is
a court reporter, as defined in the | 18 |
| Court Reporters Act, has the authority to
hire, appoint, | 19 |
| promote, evaluate, discipline, and discharge court reporters
| 20 |
| within that judicial circuit.
| 21 |
| Nothing in this amendatory Act of the 94th General Assembly | 22 |
| shall
be construed to intrude upon the judicial functions of | 23 |
| any court. This
amendatory Act of the 94th General Assembly | 24 |
| applies only to nonjudicial
administrative matters relating to | 25 |
| the collective bargaining rights of court
reporters.
| 26 |
| (Source: P.A. 83-1012.)
| 27 |
| Section 10. The Court Reporters Act is amended by changing
| 28 |
| Sections 1, 3, 4, 4.1, 5, 6, 7, and 8 and adding Section 8.1 as | 29 |
| follows:
| 30 |
| (705 ILCS 70/1) (from Ch. 37, par. 651)
| 31 |
| Sec. 1. Definitions. In this Act:
| 32 |
| "Court reporter" , for the purposes
of this Act, means any | 33 |
| person
appointed by the chief judge of any circuit to perform | 34 |
| the duties
prescribed in Section 5 of this Act.
|
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| 1 |
| "Employer representative" means, with respect to wages, | 2 |
| fringe
benefits, hours, holidays, vacation, proficiency
| 3 |
| examinations, sick leave, and other conditions of
employment:
| 4 |
| (1) For court reporters employed by the Cook County | 5 |
| Judicial
Circuit, the chief judge of the Cook County | 6 |
| Circuit Court.
| 7 |
| (2) For court reporters employed by the 12th, 18th, | 8 |
| 19th, and, on and after December 4, 2006, the 22nd judicial
| 9 |
| circuits, a group consisting of the chief judges of those | 10 |
| circuits, acting
jointly by majority vote.
| 11 |
| (3) For court reporters employed by all other judicial | 12 |
| circuits, the
chief judges of those circuits, acting | 13 |
| jointly by majority vote.
| 14 |
| The chief judge of the judicial circuit that employs a | 15 |
| public employee who
is
a court reporter, as defined in the | 16 |
| Court Reporters Act, has the authority to
hire, appoint, | 17 |
| promote, evaluate, discipline, and discharge court reporters
| 18 |
| within that judicial circuit.
| 19 |
| (Source: Laws 1965, p. 2616.)
| 20 |
| (705 ILCS 70/3) (from Ch. 37, par. 653)
| 21 |
| Sec. 3. Number ; determination and certification by
supreme | 22 |
| court .
The number of full-time and part-time court reporters | 23 |
| that may be
appointed in each circuit shall be determined by | 24 |
| the
employer representative
Supreme Court . In
determining how | 25 |
| many court reporters are needed in each circuit the
employer | 26 |
| representative
Supreme
Court shall consider the following | 27 |
| factors: (1) case loads in the circuit;
(2) the number of | 28 |
| associate judges and circuit judges in the circuit; (3)
the | 29 |
| number and location in the circuit of major federal and state | 30 |
| highways;
(4) the location in the circuit of state police | 31 |
| highway truck weighing
stations; (5) the relationship of urban | 32 |
| population to large metropolitan
centers in the various | 33 |
| counties of the circuit; (6) the location in the
circuit of | 34 |
| state institutions including, but not limited to, | 35 |
| universities,
colleges, mental health facilities, |
|
|
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| 1 |
| penitentiaries; (7) the number of
cities and towns within each | 2 |
| circuit in which regular court sessions are
held and the | 3 |
| distance in road miles between each; and (8) any other factor
| 4 |
| deemed relevant by the
employer representative
Supreme Court .
| 5 |
| The employer representative
The Supreme Court shall | 6 |
| certify in writing
to each chief judge the
number of full-time | 7 |
| and part-time court reporters the chief judge may
appoint in | 8 |
| his circuit and
may, as the need arises, increase or lower the
| 9 |
| number of such court reporters so authorized.
| 10 |
| The Chief Judge of each circuit may designate any number of | 11 |
| Supreme
Court approved full-time court reporter positions as | 12 |
| time share positions.
For the purposes of this Act, "time share | 13 |
| position" means a full-time
court reporter position that is | 14 |
| divided among 2 or more court reporters
with the full-time | 15 |
| salary and benefits being apportioned among the court
reporters | 16 |
| in the same percentage as the duties of the full-time position
| 17 |
| are apportioned.
| 18 |
| (Source: P.A. 86-827.)
| 19 |
| (705 ILCS 70/4) (from Ch. 37, par. 654)
| 20 |
| Sec. 4. Appointment; oath. The chief judge may appoint all | 21 |
| or any of the
number of court
reporters authorized by Section 3 | 22 |
| of this Act
certification of the
Supreme Court . The court
| 23 |
| reporters so appointed shall serve at the direction
pleasure of | 24 |
| the
chief judge and
may be removed by the chief judge.
| 25 |
| Each court reporter appointed shall, before entering upon | 26 |
| the duties of
his office, take the official oath to faithfully | 27 |
| discharge the duties of
his office to the best of his knowledge | 28 |
| and ability.
| 29 |
| The appointments shall be in writing and shall be filed | 30 |
| with the
Clerk of the Circuit Court of the circuit in which the | 31 |
| court reporters are
employed
Supreme Court and shall continue | 32 |
| in force until revoked by the
chief judge
of the circuit in | 33 |
| which the court reporter is appointed.
| 34 |
| (Source: P.A. 84-1395.)
|
|
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| 1 |
| (705 ILCS 70/4.1) (from Ch. 37, par. 654.1)
| 2 |
| Sec. 4.1. Appointment and salary of administrative | 3 |
| personnel.
| 4 |
| (a) The
employer representative
Supreme Court may | 5 |
| authorize the chief judge of
any single county circuit
in which | 6 |
| official court reporting services are centrally administered,
| 7 |
| (1) to appoint from among the court reporters appointed in the | 8 |
| circuit
an Administrator of Court Reporters, a Deputy | 9 |
| Administrator of Court
Reporters and 2 Assistant | 10 |
| Administrators of Court Reporters, (2) to
designate from among | 11 |
| the court reporters appointed in the circuit one
Reporter | 12 |
| Supervisor and one Assistant Reporter Supervisor for each
| 13 |
| Department and Division of the circuit court, and (3) to | 14 |
| appoint
secretarial and other support staff to assist the | 15 |
| Administrator. Each
Administrator, Deputy Administrator, | 16 |
| Assistant Administrator, Reporter
Supervisor, and Assistant | 17 |
| Reporter Supervisor shall have an "A" proficiency
rating, by | 18 |
| examination, as provided in Section 7.
| 19 |
| (b) Administrative personnel appointed under this Section | 20 |
| shall be
paid by the State.
| 21 |
| (1) In addition to their regular salary as official court | 22 |
| reporters,
the administrative personnel appointed under this | 23 |
| Section shall be paid
such additional sums as the employer | 24 |
| representative
Supreme Court
specifies. Such
sums shall be | 25 |
| included in the pay schedule adopted pursuant to Section
8. The | 26 |
| additional amounts paid shall reflect the burden of
| 27 |
| administrative responsibility borne by the administrative | 28 |
| personnel and
the consequent lack of opportunity to produce | 29 |
| transcripts of testimony.
The additional amounts paid to such | 30 |
| personnel shall not exceed the
following:
| 31 |
| (A) Administrator of Court Reporters: $20,000 per | 32 |
| year;
| 33 |
| (B) Deputy Administrator of Court Reporters: $15,000 | 34 |
| per year;
| 35 |
| (C) Assistant Administrators of Court Reporters: | 36 |
| $13,000 per year;
|
|
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LRB094 03292 RCE 33293 b |
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| 1 |
| (D) Reporter Supervisors: $10,000 per year.
| 2 |
| (E) Assistant Reporter Supervisors: $5,000 per year.
| 3 |
| (2) Each of the secretarial and other support staff
| 4 |
| authorized under this Section shall be paid a salary as | 5 |
| determined per
year by the employer representative
Supreme | 6 |
| Court .
| 7 |
| (Source: P.A. 86-1378.)
| 8 |
| (705 ILCS 70/5) (from Ch. 37, par. 655)
| 9 |
| Sec. 5. Means of reporting ; transcripts.
The court reporter | 10 |
| shall make a full reporting by means of stenographic
hand or | 11 |
| machine notes, or a combination thereof, of the evidence and | 12 |
| such
other proceedings in trials and judicial proceedings to | 13 |
| which he is
assigned by the chief judge, and the court reporter | 14 |
| may use an electronic
instrument as a supplementary device. In | 15 |
| the event that the court
utilizes an audio or video recording | 16 |
| system to record the proceedings, a
court reporter shall be in | 17 |
| charge of such system; however, the appointment
of a court | 18 |
| reporter to be in charge of an audio or video recording system
| 19 |
| shall not be required where such system is the judge's personal | 20 |
| property or
has been supplied by a party or such party's | 21 |
| attorney. To the extent that
it does not substantially | 22 |
| interfere with the court reporter's other official duties,
the | 23 |
| judge to whom, or a judge of the division to which, a reporter | 24 |
| is
assigned may assign a reporter to secretarial or clerical | 25 |
| duties arising
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 of | 28 |
| the employer
representative
Supreme
Court , a court reporter may | 29 |
| charge not to exceed 25˘ per 100 words for
making transcripts | 30 |
| of his notes. The fees for making transcripts shall be
paid in | 31 |
| the first instance by the party in whose behalf such transcript | 32 |
| is
ordered and shall be taxed in the suit.
| 33 |
| The transcripts shall be filed and remain with the papers | 34 |
| of the case.
When the judge trying the case shall, of his own | 35 |
| motion, order a transcript
of the court reporter's notes, the |
|
|
|
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| 1 |
| judge may direct the payment of the
charges therefor, and the | 2 |
| taxation of the charges as costs in such manner
as to him may | 3 |
| seem just. Provided, that the charges for making but one
| 4 |
| transcript shall be taxed as costs and the party first ordering | 5 |
| the
transcript shall have preference unless it shall be | 6 |
| otherwise ordered by
the court.
| 7 |
| The change made to this Section by this amendatory Act of | 8 |
| 1987 is
intended to apply retroactively from and after January | 9 |
| 1, 1987.
| 10 |
| (Source: P.A. 85-981.)
| 11 |
| (705 ILCS 70/6) (from Ch. 37, par. 656)
| 12 |
| Sec. 6. Assignment to serve outside of county of | 13 |
| appointment ; Travel
expenses.
| 14 |
| The chief judge may assign a court reporter to serve | 15 |
| anywhere within the
circuit in which the court reporter is | 16 |
| appointed. A court reporter shall be
paid travel expenses | 17 |
| incurred in connection with his official duties in his
circuit | 18 |
| of appointment outside the county wherein he resides. Subject | 19 |
| to
regulations which may be adopted by the Supreme Court, court | 20 |
| reporters
shall be allowed travel expenses when traveling | 21 |
| within their county of
residence in connection with their | 22 |
| official duties.
| 23 |
| The employer representative
Supreme Court may assign a | 24 |
| court reporter
to temporary service
outside his own circuit , | 25 |
| but within the jurisdiction of the employer
representative, | 26 |
| with the consent of the chief judge of his circuit.
A court | 27 |
| reporter shall be paid travel expenses incurred in connection | 28 |
| with
his official duties during such periods of temporary | 29 |
| assignment.
| 30 |
| Expense vouchers shall be submitted to the employer | 31 |
| representative
Supreme Court for approval.
The expense | 32 |
| vouchers or claims submitted to the employer representative
| 33 |
| Supreme Court shall have
endorsed thereon the signed approval | 34 |
| of the chief judge of the circuit in
which the court reporter | 35 |
| incurred the expense for which claim is made.
|
|
|
|
HB2260 Enrolled |
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LRB094 03292 RCE 33293 b |
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| 1 |
| (Source: P.A. 77-1685.)
| 2 |
| (705 ILCS 70/7) (from Ch. 37, par. 657)
| 3 |
| Sec. 7. Proficiency tests.
Except as otherwise provided in | 4 |
| this Section, each court reporter in
office on January 1, 1966 | 5 |
| or appointed on or after that date shall have
taken or shall | 6 |
| thereafter take a test to rate his proficiency. The test
shall | 7 |
| be prepared and administered by the employer representative in
| 8 |
| consultation with each of the other employer representatives
| 9 |
| Supreme
Court . The test shall
consist of three parts
designated | 10 |
| Part A, Part B and Part C. If the court reporter in office on
| 11 |
| January 1, 1966, or appointed on or after that date, | 12 |
| successfully passes
any Part he shall be given a certificate | 13 |
| designating him as an official
court reporter. If such court | 14 |
| reporter fails to pass any part, the
employer representative
| 15 |
| Supreme Court shall so inform the
chief judge of the circuit in | 16 |
| which the court reporter serves. Upon receipt
of note that a | 17 |
| court reporter has failed to pass any part of the test, the
| 18 |
| chief judge may discharge the court reporter or may allow him | 19 |
| to continue
until the test is next administered. If, when the | 20 |
| test is next
administered, the court reporter fails to pass any | 21 |
| part of the test, he
shall be discharged by the chief judge.
| 22 |
| The test shall be administered at least every six months if | 23 |
| there are
candidates or applicants for the test. Any court | 24 |
| reporter who has passed
Part C of the test may apply to take | 25 |
| the Part B or the Part A section of
the test at the regular time | 26 |
| such tests are given. If the court reporter
successfully | 27 |
| completes Part B or Part A of the test, his proficiency rating
| 28 |
| shall be adjusted to reflect passage of the more difficult | 29 |
| Part.
| 30 |
| Any court reporter who served as a court reporter in a | 31 |
| circuit court for
5 years immediately preceding January 1, 1966 | 32 |
| shall be certified as an
official court reporter without | 33 |
| examination, and shall be credited with an
"A" proficiency | 34 |
| rating, without examination.
| 35 |
| (Source: P.A. 84-1395.)
|
|
|
|
HB2260 Enrolled |
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LRB094 03292 RCE 33293 b |
|
| 1 |
| (705 ILCS 70/8) (from Ch. 37, par. 658)
| 2 |
| Sec. 8. Salaries.
| 3 |
| (a) The salaries of all court reporters shall be
paid by | 4 |
| the State. Full-time court reporters shall be paid not less | 5 |
| than
$6,000 nor more than $29,500 per year through June 30, | 6 |
| 1984.
Beginning July 1, 1984, full-time court reporters shall | 7 |
| be paid not less
than $6,000 nor more than $31,250 annually. | 8 |
| Beginning July 1, 1985,
full-time court reporters shall be paid | 9 |
| not less than $6,000 nor more than
$33,250 annually. Beginning | 10 |
| July 1, 1986, full-time court reporters shall
be paid not less | 11 |
| than $6,000 nor more than $35,250 annually. Beginning
July 1, | 12 |
| 1987, full-time court reporters shall be paid not less than | 13 |
| $6,000
nor more than $37,250 annually. Part-time court | 14 |
| reporters shall be paid
not less than $12 nor more than $60 per | 15 |
| half-day. The salary of each
individual court reporter shall be | 16 |
| computed from a schedule adopted by the
employer representative
| 17 |
| Supreme Court . The salary schedule shall
reflect the following | 18 |
| relevant
factors: (1) proficiency rating; (2) experience; (3) | 19 |
| population of the
area to which a reporter is normally | 20 |
| assigned; (3-1) court reporters shall
receive the same annual | 21 |
| percentage salary increase as provided to other
State-paid | 22 |
| non-judicial employees of the Judicial Branch with equivalent
| 23 |
| salaries, except that notwithstanding any other provision of | 24 |
| law, salaries of
full time court reporters shall be increased | 25 |
| by at least a percentage increase
equivalent to that of the | 26 |
| "Employment Cost Index, Wages and Salaries, by
Occupation and | 27 |
| Industry Groups, State and Local Government Workers Public
| 28 |
| Administration", as published by the Bureau of Labor Statistics | 29 |
| of the U.S.
Department of Labor for the calendar year | 30 |
| immediately preceding the year of the
respective July 1st | 31 |
| increase date. The increase shall be added to the then
current | 32 |
| annual salary and the adjusted salary so determined shall be | 33 |
| the annual
salary beginning July 1 of the increase year until | 34 |
| July 1 of the next year; (4)
other factors considered relevant | 35 |
| by the Director.
|
|
|
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LRB094 03292 RCE 33293 b |
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| 1 |
| (b) (Blank).
Not less than 60 days before the effective | 2 |
| date of this
Act, the
chief judge of each circuit shall submit | 3 |
| to the Supreme Court,
on forms to be provided by the Supreme | 4 |
| Court, such information as may be
necessary to implement the | 5 |
| Provisions of this Act.
| 6 |
| (c) A court reporter who has previously passed, or who | 7 |
| hereafter passes,
Part A or Part B of a proficiency test | 8 |
| prepared and administered by the
employer representative
| 9 |
| Supreme Court shall be credited with an "A" or
"B" proficiency | 10 |
| rating, as
appropriate.
| 11 |
| (d) A court reporter who has been credited with an "A" | 12 |
| proficiency
rating, without examination, as provided in | 13 |
| Section 7 of this Act, shall
receive a salary of $10,000 per | 14 |
| annum. Any increase in the maximum salary
payable to reporters | 15 |
| shall not result in any increase for such reporter
unless and | 16 |
| until he has passed the proficiency test.
| 17 |
| (e) The salaries of all official court reporters employed | 18 |
| by the State
shall be paid monthly , from moneys appropriated to | 19 |
| the Comptroller for that
purpose, on the voucher of the chief | 20 |
| judge of the circuit employing the
court reporters
Supreme | 21 |
| Court . The Comptroller
Supreme
Court may require all salary | 22 |
| claims by part-time reporters to be
substantiated by | 23 |
| certificates signed by the reporter and approved by the
chief | 24 |
| judge of the circuit.
| 25 |
| (f) The salaries of time share court reporter positions may | 26 |
| be
apportioned in the manner provided in Section 3 of this Act.
| 27 |
| (Source: P.A. 88-475.)
| 28 |
| (705 ILCS 70/8.1 new)
| 29 |
| Sec. 8.1. Appropriation request. Each employer | 30 |
| representative shall
make an annual appropriation request in | 31 |
| January to the General
Assembly to fund court reporters. When
| 32 |
| necessary, an employer representative may request supplemental | 33 |
| appropriations
to fund court reporters.
| 34 |
| Section 15. The Court Reporter Transcript Act is amended by |
|
|
|
HB2260 Enrolled |
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LRB094 03292 RCE 33293 b |
|
| 1 |
| changing
Section 4 as follows:
| 2 |
| (705 ILCS 75/4) (from Ch. 37, par. 664)
| 3 |
| Sec. 4. The reporter, in full for all his services in | 4 |
| connection with the
transcribing and filing or furnishing the | 5 |
| transcripts referred to in
this Act, shall be paid a fee as | 6 |
| provided in Section 5 of the Court
Reporters Act , approved | 7 |
| August 5, 1965, as amended . All such fees shall
be paid out of | 8 |
| the State Treasury on the warrant of the chief judge of the
| 9 |
| circuit employing the court reporter
Supreme Court ,
from | 10 |
| appropriations made to the Comptroller for such purpose, upon
| 11 |
| presentation of a
certificate signed by the presiding judge | 12 |
| setting the amount due said
reporter. Such certificate shall as | 13 |
| to each original transcript (and
a copy or copies where fee for | 14 |
| a copy or copies is authorized
by statute or Illinois Supreme | 15 |
| Court Rule)
set forth the title and number of
the cause in | 16 |
| which the transcript was required to be furnished, the
nature | 17 |
| of the proceedings transcribed (whether an arraignment,
| 18 |
| proceedings at criminal trial or proceedings at | 19 |
| post-conviction hearing)
and the fee approved therefor. The | 20 |
| employer representative, as defined in the
Court Reporters Act,
| 21 |
| Supreme Court may prescribe the form
of the certificate and | 22 |
| furnish same.
| 23 |
| (Source: P.A. 90-505, eff. 8-19-97.)
| 24 |
| Section 95. Liberal construction. This Act shall be | 25 |
| liberally construed to
effectuate its purpose of facilitating | 26 |
| the equitable resolution of labor
relations concerning court | 27 |
| reporters.
| 28 |
| Section 97. Severability. The provisions of this Act are | 29 |
| severable
under Section 1.31 of the Statute on Statutes.
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law. |
|