WEST virginia legislature
2020 regular session
Committee Substitute
for
Senate Bill 662
Senator Sypolt, original sponsor
[Originating in the Committee on the Judiciary; reported on February 7, 2020]
A BILL to amend and reenact §44-3-1 of the Code of West Virginia, 1931, as amended, relating to removing language restricting more than two fiduciary commissioners being from the same political party.
Be it enacted by the Legislature of West Virginia:
Article 3. fiduciary Commissioners; Powers and Duties.
§44-3-1. Fiduciary commissioners.
The office previously known
as commissioner of accounts is hereby abolished. The office of fiduciary commissioner
is hereby created and any reference in this code to a commissioner of accounts
shall, after the effective date of this section, mean fiduciary commissioner.
Fiduciary commissioners shall be attorneys admitted to the practice of law in
this state or shall meet the qualifications of fiduciary supervisors as set
forth in §44-3A-1 et seq. of this code. Provided, That
persons who are serving as commissioners of accounts upon the effective date of
this article shall be continued in office as fiduciary commissioners for not
more than one year from the effective date of this article for the purpose of
settling estates not settled on the effective date of this article.
The county commission of
each county shall appoint not more than four fiduciary commissioners. In counties
in which there exists a separate tribunal for police and fiscal purposes, that
tribunal shall appoint the fiduciary commissioners. In either case, not more
than two of the fiduciary commissioners may be from the same political party
The fiduciary commissioner
shall report to and settle accounts with the county clerk. On or before the
last day of March, June, September, and December, the fiduciary commissioner
shall file with the county clerk a report on the status and disposition of
every active case referred to the fiduciary commissioner. In the next
succeeding term of the county commission, the county clerk shall provide a copy
of the report to the county commission, and shall inform the county commission
of any cases referred to a fiduciary commissioner in which the fiduciary
commissioner has not fulfilled duties relating to the case in accordance with
deadlines established by law. The county commission shall take appropriate
action to ensure that all deadlines established by law will be are
observed including, if necessary, the removal of fiduciary commissioners who
consistently fail to meet such the deadlines.