February 18, 2005
SENATE BILL No. 363
_____
DIGEST OF SB 363
(Updated February 17, 2005 12:46 pm - DI 58)
Citations Affected: IC 33-26; IC 33-38.
Synopsis: Judicial salaries. Provides that full-time judges and justices
automatically receive a salary increase in each fiscal year that the
general assembly does not provide a salary increase. Provides that the
automatic salary increase is the same as the statewide or cost of living
percentage increase received for that fiscal year by state employees in
the executive branch who are in the same or a similar salary bracket.
Requires the budget director to augment the appropriation if necessary.
Effective: July 1, 2005.
Broden, Clark, Bowser, Long, Hume,
Meeks
January 11, 2005, read first time and referred to Committee on Judiciary.
January 27, 2005, amended, reported favorably _ Do Pass; reassigned to Committee on
Appropriations.
February 17, 2005, amended, reported favorably _ Do Pass.
February 18, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 363
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-26-2-5; (05)SB0363.2.1. -->
SECTION 1. IC 33-26-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The judge of the
tax court is entitled to an a base annual salary equal to the base annual
salary provided in IC 33-38-5-8 to a judge of the court of appeals. In
addition, the judge of the tax court is entitled to the following:
(1) Reimbursement for traveling expenses and other expenses
actually incurred in connection with the judge's duties, as
provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the
budget agency.
(2) A subsistence allowance equal to the amount provided under
IC 33-38-5-8 to a judge of the court of appeals who is not the
chief judge of the court of appeals.
(3) A salary increase under IC 33-38-5-8.1.
(b) The judge of the tax court:
(1) shall devote full time to judicial duties; and
(2) may not engage in the practice of law.
(c) The state shall pay the annual salary prescribed in subsection (a)
from the state general fund.
(d) The state shall furnish an automobile to the judge of the state tax
court.
SOURCE: IC 33-38-5-6; (05)SB0363.2.2. -->
SECTION 2. IC 33-38-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The total base
annual salary of each full-time judge of a circuit, superior, municipal,
county, or probate court is (1) ninety thousand dollars ($90,000), paid
by the state. In addition, a judge under this section may receive:
(1) a salary increase under section 8.1 of this chapter; 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), (a)(2), 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). (a)(2).
SOURCE: IC 33-38-5-8; (05)SB0363.2.3. -->
SECTION 3. IC 33-38-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The total base
annual salary for each justice of the supreme court is one hundred
fifteen thousand dollars ($115,000). In addition, a justice under this
subsection may receive a salary increase under section 8.1 of this
chapter.
(b) The total base annual salary for each judge of the court of
appeals is one hundred ten thousand dollars ($110,000). In addition,
a judge under this subsection may receive a salary increase 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)SB0363.2.4. -->
SECTION 4. 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, in each state fiscal
year during which the general assembly does not provide a salary
increase to a judge or justice under this chapter or IC 33-26-2-5,
the judge's or justice's salary for that state fiscal year shall be
increased by the same percentage amount as the statewide or cost
of living percentage increase received by state employees in the
executive branch who are in the same or a similar salary bracket.
(b) Subsequent salary increases under subsection (a) shall be
calculated by applying the percentage increase given to state
employees in the executive branch who are in the same or a similar
salary bracket to the sum of:
(1) the base salary in section 5, 6, or 8 of this chapter; and
(2) each previous pay increase received under this section.
(c) Judges and justices are not entitled to receive a salary
increase under subsection (a) in a state fiscal year in which state
employees do not receive a statewide or cost of living salary
increase.
(d) If a salary increase is required under subsection (a), the
budget director shall augment the line items for judicial 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.