SB 363-1_ Filed 04/21/2005, 15:39
Adopted 4/25/2005

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 363



Citations Affected: IC 33-38-5.

Synopsis: Judicial salaries. Conference committee report for ESB 363. Increases the annual salaries of: (1) full-time trial court judges from $90,000 to $110,500; (2) appellate court judges from $110,000 to $129,800; and (3) supreme court justices from $115,000 to $133,600. Establishes a procedure for the salaries to be increased in each state fiscal year in which the general assembly does not amend the laws under which the salaries are determined to provide salary increases for the state fiscal year. (This conference committee report removes the following provisions added in the House of Representatives: (1) Establishment of a judicial salaries fee. (2) Changing the name of the judicial administration fee to the public defense administration fee. (3) Changing the name of the judicial insurance adjustment fee to the judicial administration fee. (4) Repeal of the judicial branch insurance adjustment account.)

Effective: July 1, 2005.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 363 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 33-38-5-6; (05)CC036301.1. -->     SECTION 1. IC 33-38-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The total annual salary of each full-time judge of a circuit, superior, municipal, county, or probate court is (1) ninety one hundred ten thousand five hundred dollars ($90,000), ($110,500), as adjusted after June 30, 2006, under section 8.1 of this chapter, paid by the state. In addition, a judge under this section may receive and (2) any additional salary provided by the county under IC 36-2-5-14 or IC 36-3-6-3(c). The state shall deposit quarterly the money received from the counties under subsection (c) for additional salary in the state general fund.
    (b) Before November 2 of each year, the county auditor of each county shall certify to the division of state court administration the amounts, if any, to be provided by the county during the ensuing calendar year for judges' salaries under IC 36-2-5-14 or IC 36-3-6-3(c).
    (c) When making each payment under subsection (a), the county shall determine for each judge whether the total of:
        (1) the payment made on behalf of that judge;
        (2) previous payments made on behalf of that judge in the same calendar year; and
        (3) the state share of the judge's salary under subsection (a);
exceeds the Social Security wage base established by the federal government for that year. If the total does not exceed the Social

Security wage base, the payment on behalf of that judge must also be accompanied by an amount equal to the employer's share of Social Security taxes and Medicare taxes. If the total exceeds the Social Security wage base, the part of the payment on behalf of the judge that is below the Social Security wage base must be accompanied by an amount equal to the employer's share of Social Security taxes and Medicare taxes, and the part of the payment on behalf of the judge that exceeds the Social Security wage base must be accompanied by an amount equal to the employer's share of Medicare taxes. Payments made under this subsection shall be deposited in the state general fund under subsection (a).
    (d) For purposes of determining the amount of life insurance premiums to be paid by a judge who participates in a life insurance program that:
        (1) is established by the state;
        (2) applies to a judge who is covered by this section; and
        (3) bases the amount of premiums to be paid by the judge on the amount of the judge's salary;
the judge's salary does not include any amounts paid to the state by a county under subsection (a).

SOURCE: IC 33-38-5-8; (05)CC036301.2. -->     SECTION 2. IC 33-38-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The total annual salary for each justice of the supreme court is one hundred fifteen thirty-three thousand six hundred dollars ($115,000). ($133,600), as adjusted after June 30, 2006, under section 8.1 of this chapter.
    (b) The total annual salary for each judge of the court of appeals is one hundred ten twenty-nine thousand eight hundred dollars ($110,000). ($129,800), as adjusted after June 30, 2006, under section 8.1 of this chapter.
    (c) The state shall pay the annual salaries prescribed in subsections (a) through (b) from the state general fund.
    (d) In addition to salary, the state shall pay to a justice or judge, in equal monthly payments on the first day of each month from money in the state general fund not otherwise appropriated, the following annual subsistence allowances to assist in defraying expenses relating to or resulting from the discharge of the justice's or judge's official duties:
        (1) Five thousand five hundred dollars ($5,500) to the chief justice of the supreme court.
        (2) Five thousand five hundred dollars ($5,500) to the chief judge of the court of appeals.
        (3) Three thousand dollars ($3,000) to each justice of the supreme court who is not the chief justice.
        (4) Three thousand dollars ($3,000) to each judge of the court of appeals who is not the chief judge.
A justice or judge is not required to make an accounting for an allowance received under this subsection.
    (e) The state may not furnish automobiles for the use of justices or judges compensated under this section.
SOURCE: IC 33-38-5-8.1; (05)CC036301.3. -->     SECTION 3. IC 33-38-5-8.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8.1. (a) Beginning July 1, 2006, the part of the

total salary of an official:
        (1) paid by the state; and
        (2) set under section 6 or 8 of this chapter;
is increased in each state fiscal year in which the general assembly does not amend the section of law under which the salary is determined to provide a salary increase for the state fiscal year.
    (b) The percentage by which salaries are increased in a state fiscal year under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, for the state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on July 1 of the immediately preceding state fiscal year.

     (c) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular state fiscal year to the salary payable by the state, as previously adjusted under this section, that is in effect on June 30 of the immediately preceding state fiscal year.
    (d) An official is not entitled to receive a salary increase under this section in a state fiscal year in which state employees described in subsection (b) do not receive a statewide average salary increase.
    (e) If a salary increase is required under this section, the budget director shall augment judicial appropriations, including the line items for personal services for the supreme court, local judges' salaries, and county prosecutors' salaries, in the state biennial budget in an amount sufficient to pay for the salary increase from the sources of funds determined by the budget director.

SOURCE: ; (05)CC036301.4. -->     SECTION 4. [EFFECTIVE JULY 1, 2005] IC 33-38-5-6 and IC 33-38-5-8, both as amended by this act, apply only to increase the part of an annual salary payable after June 30, 2005.
    (Reference is to ESB 363 as reprinted March 30, 2005.)




Conference Committee Report

on

Engrossed Senate Bill 363



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igned by:

    ____________________________    ____________________________
    Senator ClarkRepresentative Foley
    Chairperson

    ____________________________    ____________________________
    Senator BrodenRepresentative Kuzman

    Senate Conferees    House Conferees


CC036301/DI 69
2005