Oklahoma 2022 Regular Session

Oklahoma House Bill HB4118 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 4118 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 4118 By: Hasenbeck, Smith, Boles,
4	32		and Humphrey of the House
5	33
6	34		and
7	35
8		-	Taylor~~, Burns,~~ and ~~Boren~~ of
9		-	~~the~~ Senate
	36	+	Taylor and Burns of the
	37	+	Senate
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14		-
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16		-	An Act relating to courts; amending 20 O.S. 2021,
17		-	Section 106.9, which relate s to court reporter
18		-	salaries; setting court reporter annual salary ;
19		-	amending 20 O.S. 2021, Section 125, which relates to
20		-	secretary-bailiff salaries; setting secretary-bailiff
21		-	annual salary; providing an effective date; and
22		-	declaring an emergency.
	42	+	[ courts - court reporter salaries – secretary -
	43	+	bailiff salaries - effective date –
	44	+	emergency ]
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27		-	SUBJECT: Courts
	49	+	AUTHOR: Add the following Senate Coauthor: Boren
	50	+
	51	+	AMENDMENT NO. 1. Page 1, restore the title
	52	+
	53	+
	54	+	Passed the Senate the 25th day of April, 2022.
	55	+
	56	+
	57	+
	58	+	Presiding Officer of the Senate
	59	+
	60	+
	61	+	Passed the House of Representatives the ____ day of __________,
	62	+	2022.
	63	+
	64	+
	65	+
	66	+	Presiding Officer of the House
	67	+	of Representatives
	68	+
	69	+	ENGR. H. B. NO. 4118 Page 1 1
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	94	+	ENGROSSED HOUSE
	95	+	BILL NO. 4118 By: Hasenbeck, Smith, Boles,
	96	+	and Humphrey of the House
	97	+
	98	+	and
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	100	+	Taylor and Burns of the
	101	+	Senate
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	103	+
	104	+
	105	+
	106	+	[ courts - court reporter salaries – secretary -
	107	+	bailiff salaries - effective date –
	108	+	emergency ]
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28	112
29	113		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
30		-
31	114		SECTION 1. AMENDATORY 20 O.S. 202 1, Section 106.9, is
32	115		amended to read as follows:
33		-
34	116		Section 106.9 A. Each court reporter regularly engaged by the
35	117		district court, the Workers ' Compensation Court of Existing Claims,
36	118		or the Corporation Commission shall be paid a salary pursuant to the
37	119		salary schedule established b y the annual appropriation for the
38	120		district courts and Corporation Commission and in accordance with
39	121		the job description for the position to which appointed. On October
40	122		1, 2021, each court reporter shall receive a one -time stipend of One
41	123		Thousand Two Hundred Fifty Dollars ($1,250.00) For fiscal year 2023
42	124		and each fiscal year thereafter , each court reporter shall receive
43	125		an annual salary of Fifty-three Thousand Dollars ($53,000 .00).
44	126
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45	152		B. In addition to their base salaries, official cou rt reporters
46		-	who are certified or licensed shorthand reporters and those acting ~~ENR. H. B. NO. 4118 Page 2~~
	153	+	who are certified or licensed shorthand reporters and those acting
47	154		shorthand reporters pursu ant to paragraph c of Section 106.3B o f
48	155		this title shall be paid annually the sum of Four Hundred Dollars
49	156		($400.00) for each year of service to the dis trict court, the
50	157		Workers' Compensation Court, the Workers ' Compensation Court of
51	158		Existing Claims and the Corporation Commission, with a maximum of
52	159		twenty (20) years of service only to be used for the purpose of
53	160		longevity, not to exceed Eight Thousand Dolla rs ($8,000.00) per
54	161		year, payable monthly. For the purpose of payment for longevity,
55	162		"years of service" is defined as all years served as a cer tified or
56	163		licensed court reporter in the district court, the Workers '
57	164		Compensation Court and the Corporation Comm ission after June 30,
58	165		1978. Such longevity payments shall begin on July 1 of each year
59	166		following completion of one (1) year's service as defined herein.
60		-
61	167		C. In addition to their base salaries, official court reporters
62	168		who are certified shorthand reporters shall be paid the foll owing:
63		-
64	169		1. The sum of One Thousand Five Hundred Dollars ($1,500.00) per
65	170		year, payable monthly, to any official court rep orter who is a
66	171		Registered Professional Reporter (RPR), as recognized by the State
67	172		Board of Examiners of Certified Shorthand Reporters. To qualify as
68	173		a RPR, an official court reporter shall have a proficiency level in
69	174		reporting testimony and proceedings of a speed of not less than two
70	175		hundred twenty-five (225) words per minute in taking a question -and-
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71	202		answer-type dictation, two hundred (20 0) words per minute in taking
72	203		a jury charge and one hundred eighty (180) words per minute in
73	204		taking literary material, s hall pass a Written Knowledge Test with a
74	205		score of at least seventy percent (70%), all as determined by an
75	206		examination recognized by the Board, and shall complete thirty (30)
76	207		hours of continuing education per three -year cycle commencing at the
77	208		date of recognition;
78		-
79	209		2. The sum of One Thousand Five Hundred Dollars ($1,500.00) per
80	210		year, payable monthly, to any official court reporter who is a
81	211		Registered Merit Reporter (RMR), as recognized by the State Board of
82	212		Examiners of Certified Shorthand Reporters. To qu alify as a RMR, an
83	213		official court reporter shall have a proficiency level in reporting
84	214		testimony and proceedings of a speed of not less than two hundred
85	215		sixty (260) words per minute in taking a question -and-answer-type
86	216		dictation, two hundred forty (240) wo rds per minute in taking a jury
87	217		charge and two hundred (200) words per minute in taking literary
88	218		material, shall pass a Written Knowledg e Test with a score of at
89	219		least seventy percent (70%), all as determined by an exa mination
90		-	recognized by the Board, and shall complete thirty (30) hours of ~~ENR. H. B. NO. 4118 Page 3~~
	220	+	recognized by the Board, and shall complete thirty (30) hours of
91	221		continuing education per three -year cycle commencing at the date of
92	222		recognition;
93		-
94	223		3. The sum of One Thousand Five Hundred Dollars ($1,500.00) per
95	224		year, payable monthly, to any offici al court reporter who is a
96	225		Registered Diplomat Reporter (RDR), as recognized by the State Board
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97	252		of Examiners of Certified Shorthand Reporters, and who completes
98	253		thirty (30) hours of continuing education per three -year cycle
99	254		commencing at the date of recogn ition;
100		-
101	255		4. The sum of One Thousand Fiv e Hundred Dollars ($1,500.00) per
102	256		year, payable monthly, to any official court reporter who is a
103	257		Certified Realtime Reporter (CRR), as r ecognized by the State Board
104	258		of Examiners of Certified Shorthand Reporters, and wh o completes
105	259		thirty (30) hours of conti nuing education per three-year cycle
106	260		commencing at the date of recognition; or
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108	261		5. Any official court reporter wh o is the holder of more than
109	262		one certification shall be compensated in the additional amounts
110	263		specified in paragraphs 1 through 4 of this subse ction for each
111	264		certification up to a maximum of Six Thousand Dollars ($6,000.00)
112	265		per year over and above the repo rter's base salary, payable monthly.
113		-
114	266		D. Court reporters temporarily employed by the district court,
115	267		Workers' Compensation Court of Existing Cl aims, or Corporation
116	268		Commission shall be compensated by the court fund of the court which
117	269		they serve at a rate to be set by such court. In addition, court
118	270		reporters temporarily employed pursuant to this subsection who are
119	271		required by the terms of their em ployment to travel outside their
120	272		county of residence shall receive reimbursement for mileage actually
121	273		and necessarily traveled to and fr om the place of attendance at a
122	274		rate not to exceed the rate of reimbursement speci fied in the State
123	275		Travel Reimbursement Act for state employees. Any travel
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124	302		reimbursement shall be paid from the court fund of the court where
125	303		the service of the temporarily employed court reporter is provided.
126		-
127	304		SECTION 2. AMENDATORY 20 O.S. 2021, Section 125, is
128	305		amended to read as follows:
129		-
130	306		Section 125. A. In all counties of the state there is created
131	307		the office of secretary -bailiff for district judg es and associate
132	308		district judges, with each such secretary -bailiff to be appointed by
133	309		order of the district judge or ass ociate district judge to serve at
134	310		the will of the appointing judge as an unclassified employee of the
135		-	state exempt from the provisions o f the Oklahoma Merit System of ~~ENR. H. B. NO. 4118 Page 4~~
	311	+	state exempt from the provisions o f the Oklahoma Merit System of
136	312		Personnel Administration. The Chief Justice shall approve by
137	313		administrative directive th e number and assignments of secretary-
138	314		bailiffs in all counties of the state. Each secretary-bailiff shall
139	315		be paid a salary pursuant to the salary schedule established by the
140	316		annual appropriation for the district court s and in accordance with
141	317		the job description for the position to which appointed. For fiscal
142	318		year 2023 and each fiscal year thereafter , each secretary-bailiff
143	319		shall receive an annual salary of Forty-two Thousand Dollars
144	320		($42,000.00). In every county of t he state each district judge and
145	321		each associate district judge may by order appoint additional
146	322		necessary court personnel subject to the approval of the Chief
147	323		Justice. A part-time bailiff shall be paid out of the court fund of
148	324		the county where appointed at the rate set by administrative
149	325		directive for each hour that such person actually attends the court
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150	352		and performs services, or a pro rata fraction there of for less than
151	353		an hour of service. Notwithstanding any other provision of law,
152	354		each district judge and associate district judge may contract with
153	355		the sheriff of the county to allow a deputy sheriff to provide
154	356		bailiff service to the court.
155		-
156	357		B. With the approval of the presidin g judge, a special judge
157	358		may appoint a secretary -bailiff or other personnel in acc ordance
158	359		with the administrative order o f the Chief Justice.
159		-
160	360		C. No judge shall engage more than one full -time secretary-
161	361		bailiff at any given time excep t only during the progr ess of a jury
162	362		trial, when a part-time bailiff may be engaged subject to the
163	363		approval of the Chief Justice. In the latter event, no more than
164	364		one additional bailiff shall be engaged to take charge of the jury.
165	365		The costs of meals and lodging of bailiffs or dered to keep a jury
166	366		together during the process of a trial or after the jury reti res for
167	367		deliberation shall be lawfully paid from the court fund.
168		-
169	368		D. A district judge who sits regularly in more than one county
170	369		may employ only one fu ll-time secretary-bailiff in the judicial
171	370		district of the judge, and in any other county of the district the
172	371		judge may engage a bailiff only on a part-time basis when such judge
173	372		sits in the county as a judge pursuant to the procedures set forth
174	373		by the Chief Justice in the admini strative directive. The cost of
175	374		the operation of the office of a district judge o f a multi-county
176	375		judicial district, inc luding the purchase of equipment and supplies,
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177	402		may be apportioned among the counties of that judicial district, or
178	403		appropriate division of that district, based upon the percentage of
179	404		revenue collected by the courts of the district.
180		-	ENR. H. B. NO. 4118 Page 5
181	405		E. The Administrative D irector of the Courts shall develop and
182	406		promulgate job descriptions, salary schedules and time -keeping forms
183	407		for part-time bailiff personnel. The Chief Justice of the Oklahoma
184	408		Supreme Court, through the Office of the Administrative Director of
185	409		the Courts, shall promulgate rules for the compensation for overtime
186	410		for all secretary-bailiff and part-time bailiff personnel employed.
187		-
188	411		F. Persons employed by a county that does not meet the
189	412		requirements of Section 951 of Titl e 19 of the Oklahoma Statutes,
190	413		and who serve as full-time secretary-bailiffs or full-time bailiffs
191	414		shall be eligible to participate in the state retire ment system and
192	415		state insurance programs and any other benefits as are provided to
193	416		state employees in the unclassified service. All part -time bailiff
194	417		personnel shall be compensated by the local court fund.
195		-
196	418		G. On October 1, 1989, the position of full -time bailiff shall
197	419		be redesignated as the position of secretary -bailiff in accordance
198	420		with the job descriptio ns, salary schedules, and procedures approved
199	421		by the Chief Justice. Additional secretary -bailiff positions shall
200	422		be created as funding and employee po sitions are available.
201	423		Counties shall be allowed to provide additional support personnel to
202	424		the judges sitting in such counties to the extent t hat funding is
203	425		available.
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205	452		H. Any secretary-bailiff, who is CLEET -certified as a basic
206	453		peace officer, shall have and exercise all the p owers and authority
207	454		of a peace officer. The Office of the Administrative Director of
208	455		the Courts shall promulgate rules w hich prescribe the duties for all
209	456		CLEET-certified secretary-bailiffs. The provisions of this
210	457		subsection will not entitle a CLEET-certified secretary-bailiff to
211	458		participate in the Oklahoma Police Pension and Retiremen t System.
212		-
213	459		SECTION 3. This act shall become effective July 1, 2022.
214		-
215	460		SECTION 4. It being immediately necessary for the preservation
216	461		of the public peace, health or safety, an emergency is hereby
217	462		declared to exist, by reason w hereof this act shall take effect and
218	463		be in full force from and after its passage and approval.
219		-	ENR. H. B. NO. 4118 Page 6
220		-	Passed the House of Representatives the 10th day of May, 2022.
	464	+	Passed the House of Representatives the 23rd day of March, 2022.
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224	468
225	469		Presiding Officer of the House
226	470		of Representatives
227	471
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229		-	Passed the Senate the ~~25th~~ day of ~~April~~, 2022.
	473	+	Passed the Senate the ___ day of ___ _______, 2022.
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234	478		Presiding Officer of the Senate
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238		-	OFFICE OF THE GOVERNOR
239		-	Received by the Office of the Governor this ____________________
240		-	day of ___________________, 20_______, at _______ o'clock _______ M.
241		-	By: _________________________________
242		-	Approved by the Governor of the Stat e of Oklahoma this _________
243		-	day of ___________________, 20_______, at _______ o'clock _______ M.
244		-
245		-
246		-	_________________________________
247		-	Governor of the State of Oklahoma
248		-
249		-	OFFICE OF THE SECRETARY OF STATE
250		-	Received by the Office of the Secretary of State thi s __________
251		-	day of ___________________, 20_______, at _______ o'clock _______ M.
252		-	By: _________________________________