Oklahoma 2022 Regular Session

Oklahoma House Bill HB4118 Latest Draft

Bill / Enrolled Version Filed 05/11/2022

                            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: _________________________________