January 15, 2003, read first time and referred to Committee on Finance.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
SENATE BILL No. 348
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:
SECTION 1. IC 33-3-5-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 7. (a) The judge of the tax court is
entitled to an a base annual salary equal to the base annual salary
provided in IC 33-13-12-9 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 department of administration and approved by the budget
agency.
(2) A subsistence allowance equal to the amount provided under
IC 33-13-12-9 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 33-13-12-9.5.
(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.
SECTION 2. IC 33-13-12-7.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7.1. (a) The
total base
annual salary of each full-time judge of a circuit, superior, municipal,
county, or probate court is ninety thousand dollars ($90,000).
In
addition, a judge under this section may receive:
(1) a salary increase under section 9.5 of this chapter; and
(2) any additional salary provided under IC 36-2-5-14 or
IC 36-3-6-3(c).
The state shall pay all of the total salary except for the additional
salary, if any, 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) 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 does exceed 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).
SECTION 3. IC 33-13-12-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The
total base
annual salary for each justice of the supreme court of Indiana is one
hundred fifteen thousand dollars ($115,000).
In addition, a justice
under this subsection may receive a salary increase under section
9.5 of this chapter.
(b) The
total base annual salary for each judge of the court of
appeals of Indiana is one hundred ten thousand dollars ($110,000).
In
addition, a judge under this subsection may receive a salary
increase under section 9.5 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 said salary, there shall be paid in equal monthly
payments on the first day of each month out of any money in the
general fund of the state treasury 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, for which no accounting shall be made by such judge:
(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.
(e) The state shall not furnish automobiles for the use of justices or
judges compensated under this section.
SECTION 4. IC 33-13-12-9.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 9.5. (a) In each state fiscal year
that the Indiana general assembly does not provide a salary
increase to a judge or justice under this chapter or IC 33-3-5-7, 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) are
calculated by applying the percentage increase given to state
employees to the sum of the base salary in section 7.1 or 9 of this
chapter and 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 line
items for judicial salaries in the state biennial budget are
augmented in an amount sufficient to pay for the salary increase
from the same source of funds as for state employee salary
increases.