SB 298-2_ Filed 03/01/2001, 11:44
Adopted 3/1/2001

COMMITTEE REPORT




MR. PRESIDENT:

    The Senate Committee on Finance, to which was referred Senate Bill No. 298, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

    Replace the effective dates in SECTIONS 8 through 16 with "[EFFECTIVE JANUARY 1, 2003]".

SOURCE: Page 2, line 35; (01)AM029811.2. -->     Page 2, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 33-4-8-5; (01)AM029811.7. -->     "SECTION 7. IC 33-4-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A If a person has not served as a senior judge for at least thirty (30) calendar days without interruption in a calendar year, the person is entitled to (1) a per diem of fifty dollars ($50) and (2) for each day served as a senior judge in the calendar year.
    (b) If a person has served as a senior judge for at least thirty (30) calendar days without interruption in a calendar year, for the remainder of the calendar year the senior judge is entitled to compensation for service as a senior judge at the rate set under a compensation schedule for senior judges established by rule adopted by the supreme court. A per diem set under the rules may not exceed two hundred dollars ($200) for each day served as a senior judge.
    (c) Regardless of the number of days in a calendar year that a person has served as a senior judge, a senior judge is entitled to
reimbursement for:
        (A) (1) mileage; and
        (B) (2) reasonable expenses, including but not limited to meals and lodging;
incurred in performing service as a senior judge. for each day served as a senior judge.
    (b) (d) The per diem compensation and reimbursement for mileage and reasonable expenses under subsection (a) shall be paid by the state.
    (c) (e) A senior judge appointed under this chapter may not be compensated as a senior judge for more than one hundred (100) calendar days in the aggregate during a calendar year.".
SOURCE: Page 5, line 42; (01)AM029811.5. -->     Page 5, line 42, strike "(a)".
    Page 6, line 12, delete "(b)".
    Page 6, line 12, strike "The county executive shall provide and maintain a suitable".
    Page 6, strike lines 13 through 14.
    Page 6, line 15, delete "(c)".
    Page 6, line 15, strike "The court shall employ administrative staff necessary to".
    Page 6, strike line 16.
    Page 6, line 17, delete "(d)".
    Page 6, line 17, strike "The county fiscal body shall appropriate sufficient funds for".
    Page 6, strike line 18.
    Page 6, line 27, delete "[EFFECTIVE JULY 1, 2001]" and insert "[EFFECTIVE JANUARY 1, 2003]".
    Page 15, line 19, delete "in the" and insert " as follows:
        (1) If directed to do so by an ordinance adopted by the county fiscal body, the county auditor shall deposit forty percent (40%) of the fees in the clerk's record perpetuation fund established under IC 33-19-6-1.5 and sixty percent (60%) of the fees in the county general fund.
        (2) If the county fiscal body has not adopted an ordinance under subdivision (1), the county auditor shall deposit all of the fees in the county general fund.
".
    Page 15, delete line 20.
    Page 16, line 29, delete "(e)" and insert " (f)".
    Page 17, delete lines 29 through 42, begin a new paragraph and insert:
SOURCE: ; (01)AM029811.35. -->     "SECTION 35. [EFFECTIVE JULY 1, 2001] (a) The initial judge of DeKalb superior court No. 2 added by this act shall be the judge elected to the office in the general election to be held November 5, 2002. The person elected takes office January 1, 2003.
    (b) The initial judge of the Howard superior court added by this act shall be the judge elected to the office in the general election to be held November 5, 2002. The person elected takes office January 1, 2003.
    (c) This SECTION expires January 2, 2003.

SOURCE: ; (01)AM029811.36. -->     SECTION 36. [EFFECTIVE JULY 1, 2001] IC 33-4-8-5 , as amended by this act, applies only to compensation paid for service performed after June 30, 2001. However, days served as a senior judge after December 31, 2000, and before July 1, 2001, shall be counted toward determining whether a senior judge has served at least thirty (30) days without interruption in calendar year 2001.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 298 as printed January 19, 2001.)

and when so amended that said bill do pass .

Committee Vote: Yeas 14, Nays 0.

____________________________________

Senator Borst, Chairperson


AM 029811/DI 101    2001