Bill Text: WV SB662 | 2020 | Regular Session | Enrolled
Bill Title: Removing restrictions on fiduciary commissioners
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-04-14 - Chapter 141, Acts, Regular Session, 2020 [SB662 Detail]
Download: West_Virginia-2020-SB662-Enrolled.html
WEST virginia legislature
2020 regular session
Enrolled
Committee Substitute
for
Senate Bill 662
Senator Sypolt, original sponsor
[Passed March 4, 2020; to take effect July 1, 2020]
AN ACT 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.
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.
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 are observed including, if necessary, the removal of fiduciary commissioners who consistently fail to meet the deadlines.
