Current Status Bill Number:4097 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Baxley, All Sponsors:Baxley, Neilson and Hines Drafted Document Number:bbm\10160ac.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Probate Relief Fund
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-820 SO AS TO PROVIDE THAT OF PROBATE COURT FEES RETAINED FOR DEPOSIT IN THE GENERAL FUND OF THE STATE SEVEN DOLLARS AND FIFTY CENTS FOR EACH ESTATE OPENED IN THE COUNTY PROBATE COURT MUST BE DEPOSITED IN THE PROBATE RELIEF FUND; AND BY ADDING SECTION 14-23-1160 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR OPERATION OF THE PROBATE RELIEF FUND TO REIMBURSE PERSONS CONDUCTING BUSINESS IN THE PROBATE COURT WHO HAVE LOST FUNDS DUE TO THEFT OR FRAUD PERPETRATED WITHIN THE PROBATE COURT BY A PROBATE JUDGE OR PROBATE COURT PERSONNEL, AND TO PROVIDE FOR THE ABOLISHMENT OF THE FUND AND TERMINATION OF THE FEE TWO YEARS AFTER NO CLAIM IS FILED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-21-820. Of the fees collected and retained by the Department of Revenue and Taxation to turn into the General Fund of the State as provided for in Section 8-21-790, seven dollars and fifty cents for each estate opened in the probate court in that county must be submitted to the State Treasurer for deposit in the Probate Relief Fund as provided for in Section 14-23-1160."
SECTION 2. The 1976 Code is amended by adding:
"Section 14-23-1160. (A) There is established the probate relief fund to provide reimbursement to persons conducting business in the Probate Court for loss of property or funds resulting from theft or fraud perpetrated by a Probate Court judge or Probate Court personnel. This fund must be established as a separate and distinct account in the Office of the State Treasurer.
(B) A person seeking reimbursement under the Probate Relief Fund shall file with court administration which shall determine if the person's loss resulted from theft or fraud perpetuated within the Probate Court by a Probate Court Judge or by Probate Court personnel. If court administration determines that a claim is reimbursable under the fund, a special master must be appointed to determine the amount to be reimbursed for all similar claims. A determination made by the special master is final and may not be appealed.
(C) Claimants paid under the fund shall receive interest at the legal rate of eight and three-fourths percent per year and also shall receive reimbursement for fees or other costs that may have been incurred in seeking recovery.
(D) Claims reimbursable under the fund must be filed within three years after the person discovered the loss or by the exercise of reasonable diligence should have discovered the loss.
(E) If claims are owed and there are insufficient monies in the fund, the fund shall receive transferred funds from the State Treasurer for payment of these claims.
(F) Court Administration shall adopt rules addressing procedures for filing and resolving claims under the Probate Relief Fund, including, but not limited to, criteria for recovery under the fund which must provide that, in order to collect from the fund, it is likely that the claimant has no other reasonably attained remedy at law.
(G) The assessment on estates opened in probate court as provided for in Section 8-21-820 must be terminated and the fund abolished after no claim has been filed for twenty-four consecutive months and all funds borrowed from the State Treasurer have been repaid."
SECTION 3. This act takes effect July 1, 1995, and applies to claims arising before July 1, 1995, which are filed within the statute of limitations provided for in Section 14-23-1160 of the 1976 Code, as added by Section 1 of this act.