An Act ENROLLED HOUSE BILL NO. 4118 By: Hasenbeck, Smith, Boles, and Humphrey of the House and Taylor, Burns, and Boren of the Senate An Act relating to courts; amending 20 O.S. 2021, Section 106.9, which relate s to court reporter salaries; setting court reporter annual salary ; amending 20 O.S. 2021, Section 125, which relates to secretary-bailiff salaries; setting secretary-bailiff annual salary; providing an effective date; and declaring an emergency. SUBJECT: Courts BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A: SECTION 1. AMENDATORY 20 O.S. 202 1, Section 106.9, is amended to read as follows: Section 106.9 A. Each court reporter regularly engaged by the district court, the Workers ' Compensation Court of Existing Claims, or the Corporation Commission shall be paid a salary pursuant to the salary schedule established b y the annual appropriation for the district courts and Corporation Commission and in accordance with the job description for the position to which appointed. On October 1, 2021, each court reporter shall receive a one -time stipend of One Thousand Two Hundred Fifty Dollars ($1,250.00) For fiscal year 2023 and each fiscal year thereafter , each court reporter shall receive an annual salary of Fifty-three Thousand Dollars ($53,000 .00). B. In addition to their base salaries, official cou rt reporters who are certified or licensed shorthand reporters and those acting ENR. H. B. NO. 4118 Page 2 shorthand reporters pursuant to paragraph c of Section 106.3B o f this title shall be paid annually the sum of Four Hundred Dollars ($400.00) for each year of service to the dis trict court, the Workers' Compensation Court, the Workers ' Compensation Court of Existing Claims and the Corporation Commission, with a maximum of twenty (20) years of service only to be used for the purpose of longevity, not to exceed Eight Thousand Dolla rs ($8,000.00) per year, payable monthly. For the purpose of payment for longevity, "years of service" is defined as all years served as a cer tified or licensed court reporter in the district court, the Workers ' Compensation Court and the Corporation Comm ission after June 30, 1978. Such longevity payments shall begin on July 1 of each year following completion of one (1) year 's service as defined herein. C. In addition to their base salaries, official court reporters who are certified shorthand reporters shall be paid the foll owing: 1. The sum of One Thousand Five Hundred Dollars ($1,500.00) per year, payable monthly, to any official court rep orter who is a Registered Professional Reporter (RPR), as recognized by the State Board of Examiners of Certified Shorthand Reporters. To qualify as a RPR, an official court reporter shall have a proficiency level in reporting testimony and proceedings of a speed of not less than two hundred twenty-five (225) words per minute in taking a question -and- answer-type dictation, two hundred (20 0) words per minute in taking a jury charge and one hundred eighty (180) words per minute in taking literary material, s hall pass a Written Knowledge Test with a score of at least seventy percent (70%), all as determined by an examination recognized by the Board, and shall complete thirty (30) hours of continuing education per three -year cycle commencing at the date of recognition; 2. The sum of One Thousand Five Hundred Dollars ($1,500.00) per year, payable monthly, to any official court reporter who is a Registered Merit Reporter (RMR), as recognized by the State Board of Examiners of Certified Shorthand Reporters. To qu alify as a RMR, an official court reporter shall have a proficiency level in reporting testimony and proceedings of a speed of not less than two hundred sixty (260) words per minute in taking a question -and-answer-type dictation, two hundred forty (240) wo rds per minute in taking a jury charge and two hundred (200) words per minute in taking literary material, shall pass a Written Knowledg e Test with a score of at least seventy percent (70%), all as determined by an examination recognized by the Board, and shall complete thirty (30) hours of ENR. H. B. NO. 4118 Page 3 continuing education per three -year cycle commencing at the date of recognition; 3. The sum of One Thousand Five Hundred Dollars ($1,500.00) per year, payable monthly, to any official court reporter who is a Registered Diplomat Reporter (RDR), as recognized by the State Board of Examiners of Certified Shorthand Reporters, and who completes thirty (30) hours of continuing education per three -year cycle commencing at the date of recognition; 4. The sum of One Thousand Fiv e Hundred Dollars ($1,500.00) per year, payable monthly, to any official court reporter who is a Certified Realtime Reporter (CRR), as r ecognized by the State Board of Examiners of Certified Shorthand Reporters, and who completes thirty (30) hours of conti nuing education per three-year cycle commencing at the date of recognition; or 5. Any official court reporter wh o is the holder of more than one certification shall be compensated in the additional amounts specified in paragraphs 1 through 4 of this subse ction for each certification up to a maximum of Six Thousand Dollars ($6,000.00) per year over and above the repo rter's base salary, payable monthly. D. Court reporters temporarily employed by the district court, Workers' Compensation Court of Existing Cl aims, or Corporation Commission shall be compensated by the court fund of the court which they serve at a rate to be set by such court. In addition, court reporters temporarily employed pursuant to this subsection who are required by the terms of their em ployment to travel outside their county of residence shall receive reimbursement for mileage actually and necessarily traveled to and fr om the place of attendance at a rate not to exceed the rate of reimbursement specified in the State Travel Reimbursement Act for state employees. Any travel reimbursement shall be paid from the court fund of the court where the service of the temporarily employed court reporter is provided. SECTION 2. AMENDATORY 20 O.S. 2021, Section 125, is amended to read as follows: Section 125. A. In all counties of the state there is created the office of secretary -bailiff for district judg es and associate district judges, with each such secretary -bailiff to be appointed by order of the district judge or a ssociate district judge to serve at the will of the appointing judge as an unclassified employee of the state exempt from the provisions o f the Oklahoma Merit System of ENR. H. B. NO. 4118 Page 4 Personnel Administration. The Chief Justice shall approve by administrative directive the number and assignments of secretary- bailiffs in all counties of the state. Each secretary-bailiff shall be paid a salary pursuant to the salary schedule established by the annual appropriation for the district courts and in accordance with the job description for the position to which appointed. For fiscal year 2023 and each fiscal year thereafter , each secretary-bailiff shall receive an annual salary of Forty-two Thousand Dollars ($42,000.00). In every county of the state each district judge and each associate district judge may by order appoint additional necessary court personnel subject to the approval of the Chief Justice. A part-time bailiff shall be paid out of the court fund of the county where appointed at the rate set by administrative directive for each hour that such person actually attends the court and performs services, or a pro rata fraction there of for less than an hour of service. Notwithstanding any other provision of law, each district judge and associate district judge may contra ct with the sheriff of the county to allow a deputy sheriff to provide bailiff service to the court. B. With the approval of the presidin g judge, a special judge may appoint a secretary -bailiff or other personnel in accordance with the administrative ord er of the Chief Justice. C. No judge shall engage more than one full -time secretary- bailiff at any given time excep t only during the progr ess of a jury trial, when a part-time bailiff may be engaged subject to the approval of the Chief Justice. In the l atter event, no more than one additional bailiff shall be engaged to take charge of the jury. The costs of meals and lodging of bailiffs or dered to keep a jury together during the process of a trial or after the jury retires for deliberation shall be lawf ully paid from the court fund. D. A district judge who sits regularly in more than one county may employ only one fu ll-time secretary-bailiff in the judicial district of the judge, and in any other county of the district the judge may engage a bailiff on ly on a part-time basis when such judge sits in the county as a judge pursuant to the procedures set forth by the Chief Justice in the admini strative directive. The cost of the operation of the office of a district judge of a multi -county judicial district, including the purchase of equipment and supplies, may be apportioned among the counties of that judicial district, or appropriate division of that district, based upon the percentage of revenue collected by the courts of the district. ENR. H. B. NO. 4118 Page 5 E. The Administrative Director of the Courts shall develop and promulgate job descriptions, salary schedules and time -keeping forms for part-time bailiff personnel. The Chief Justice of the Oklahoma Supreme Court, through the Office of the Administrative Director of the Courts, shall promulgate rules for the compensation for overtime for all secretary-bailiff and part-time bailiff personnel employed. F. Persons employed by a county that does not meet the requirements of Section 951 of Title 19 of the Oklahoma Statutes, and who serve as full-time secretary-bailiffs or full-time bailiffs shall be eligible to participate in the state retire ment system and state insurance programs and any other benefits as are provided to state employees in the unclassified service. All par t-time bailiff personnel shall be compensated by the local court fund. G. On October 1, 1989, the position of full -time bailiff shall be redesignated as the position of secretary -bailiff in accordance with the job descriptions , salary schedules, and procedures approved by the Chief Justice. Additional secretary -bailiff positions shall be created as funding and employee po sitions are available. Counties shall be allowed to provide additional support personnel to the judges sitting in such counties to the extent that funding is available. H. Any secretary-bailiff, who is CLEET -certified as a basic peace officer, shall have and exercise all the p owers and authority of a peace officer. The Office of the Administrative Director of the Courts shall promulga te rules which prescribe the duties for all CLEET-certified secretary-bailiffs. The provisions of this subsection will not entitle a CLEET-certified secretary-bailiff to participate in the Oklahoma Police Pension and Retirement System. SECTION 3. This act shall become effective July 1, 2022. SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. ENR. H. B. NO. 4118 Page 6 Passed the House of Representatives the 10th day of May, 2022. Presiding Officer of the House of Representatives Passed the Senate the 25th day of April, 2022. Presiding Officer of the Senate OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________ Approved by the Governor of the Stat e of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State thi s __________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________