SB494 H GO AM 3-8
Thompson 3192

The Committee on Government Organization moves to amend the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3. FIDUCIARY COMMISSIONERS; POWERS AND DUTIES.
§44-3-1. Fiduciary commissioners.
(a) 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 continued. 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 article three-a of this chapter. 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.
(b) The Each 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.
(c) 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 fulfil1ed duties relating to the case in accordance with deadlines established by law.
ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS; COUNTY OPTION.

 §44-3A-24. Reports of delinquent filings.
On the last day of January and July of each year every fiduciary commissioner and special fiduciary commissioner shall file with the fiduciary supervisor a list of all estates referred to him or her, since the effective date of this section, either generally or for a limited purpose in which any appraisement or other document required to be filed with him or her in a specified time has not been timely filed, stating the document whose filing is delinquent and the date the same was due to be filed: Provided, That the commissioner shall omit from such the list any estate and any document for whose filing a proper continuance has been granted.
On January 5, and July 5 of each year the fiduciary supervisor shall file with the county commission a like list of estates referred to him or her since the effective date of this section in which the filing of any paper is delinquent, and embrace therein the lists required to be filed with him or her on the first day of such month by the various commissioners. In the report filed July 5, of each year the fiduciary supervisor shall further include in the report a list of all estates referred to him or her since the effective date of this section which have not been duly closed and in which no progress, or in his or her opinion, unsatisfactory progress, has been made toward settlement, for any cause, within the preceding twelve months.
The county commission, after consultation with the fiduciary supervisor shall take care to require prompt disposition of all matters and causes reported to it by the semiannual reports required herein.
In addition, the fiduciary supervisor and the fiduciary commissioners shall be empowered, and may, where appropriate, shall on their own motion, petition the circuit court to compel compliance with the provisions of this chapter. in the same manner and to the same extent heretofore provided in the case of commissioners of accounts, or by any other proper proceeding.
§44-3A-27. Creditors to be paid in order of classification; when classes paid ratably.

Notwithstanding the provisions of section nineteen of this article, no a payment shall may not be made to creditors of any one class until all those of the preceding class or classes shall be are fully paid; and when the assets are not sufficient to pay all the creditors of any one class, the creditors of such that class shall be paid ratably; but a personal representative who, after twelve months from his or her qualification, pays a debt of his or her decedent, shall is not thereby be personally liable for any debt or demand against the decedent of equal or superior dignity, whether it be or is on record or not, unless before such the payment he or she shall have has notice of such the debt or demand by action, suit of presentation thereof to the commissioner of accounts fiduciary commissioner within the time allowed by law.
 §44-3A-35. Fiduciary commissioners.
(a) The county commission of each county shall appoint not more than four fiduciary commissioners, except that in counties in which there exists a separate tribunal for police and fiscal purposes, such tribunal shall appoint such commissioners: Provided, That the county commission or such separate tribunal shall avoid reference of estates to such commissioners, unless such reference is necessary.
(b) 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 fulfil1ed duties relating to the case in accordance with deadlines established by law.
§44-3A-37. Special fiduciary commissioners; continuance of present references; compensation.

(a) When, from any cause, none of the fiduciary commissioners can act as to any matter or matters which may be passed on under the provisions of this chapter, such the county commission or tribunal in lieu thereof, may appoint some other person to act as to such on that matter or matters, and such that person shall have the power and compensation and perform the duties of a fiduciary commissioner. And when any fiduciary commissioner resigns, or is removed, such the county commission or tribunal may provide for the completion of the matters previously referred to such the commissioner.
(b) Any matters or estates heretofore referred to a commissioner of accounts or special commissioner of accounts shall not be recalled solely by reason of the amendment and reenactment of this chapter. Commissioners of accounts or special commissioners of accounts shall be continued in office as special fiduciary commissioners until all such matters heretofore referred to them shall, in the ordinary course of events, be concluded or until otherwise recalled for cause.
(c)(b) All special fiduciary commissioners whether appointed pursuant to subsection (a) of this section or continued in office pursuant to subsection (b) hereof, shall be are subject in all respects to the provisions of this chapter, including, but without limiting the generality hereof, the provisions of section forty-two of this article with respect to fees to be charged.
§44-3A-44. Rules applicable to fiduciary supervisors and fiduciary commissioners; exceptions as to certain counties.

(a) Subject to the provisions of subsection (c) of this section and to the provisions of article thirteen of this chapter, any power, authority or duty conferred upon the clerk of the county commission with respect to the settlement, regulation and supervision of estates in any provision of this article or in any provision of this code is hereby transferred to the fiduciary supervisor created under the provisions of section three, article three-a of this chapter.
Whenever by any provision of this article any paper, document or record is required or permitted to be recorded, the fiduciary supervisor shall tender the same it to the clerk of the county commission and such the clerk of the county commission shall admit the same it to record and shall record the same it at the expense of the personal representative and the fiduciary supervisor shall collect such the fees as are required by law for the recordation of such documents and all such fees so collected and paid to the clerk of the county commission shall be disposed of and accounted for in the same manner as if such the fees had been collected as for the recordation of deeds.
(b) Any reference of this code to commissioner of accounts or to the fiduciary commissioner or to any power, authority or duty conferred upon a commissioner of accounts is hereby intended to mean and in all respects is conferred upon the fiduciary commissioner created by section thirty- five of this article, and, as to matters permitted by law to be done by the fiduciary supervisor, upon such fiduciary supervisor.
(c) Any provision of this article or of article one of this chapter to the contrary notwithstanding, in each county in which there exists a separate tribunal for police and fiscal purposes created under section thirty-four, article VIII of the Constitution of one thousand eight hundred seventy-two, the clerk of the county commission shall have the power and shall discharge the duties which are by any provision of this chapter conferred upon the fiduciary supervisor or the clerk of the county commission.
ARTICLE 6. INVESTMENTS BY FIDUCIARIES.
§44-6-7. Accounting required of fiduciaries as to common trust funds.

Unless ordered by a court of competent jurisdiction, the bank or trust company operating such a common trust fund, as provided for in section six of this article, shall may not be required to render an accounting with regard to such the fund, before any commissioner of accounts fiduciary commissioner , but it may, by application to the circuit court of the county in which is located the principal place of business of said the bank or trust company, secure the approval of an accounting in such condition as the court may fix: Provided, however, That nothing herein shall may be interpreted as relieving any fiduciary acquiring, holding or disposing of an interest in any common trust fund from making an accounting as required by law with respect of such that interest."