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S. 1140

STATUS INFORMATION

General Bill
Sponsors: Senator McConnell
Document Path: l:\council\bills\dka\3883dw04.doc

Introduced in the Senate on April 8, 2004
Currently residing in the Senate Committee on Banking and Insurance

Summary: Life insurance, charitable organization as beneficiary, provisions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    4/8/2004  Senate  Introduced and read first time
    4/8/2004  Senate  Referred to Committee on Banking and Insurance

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/8/2004

TO AMEND SECTION 38-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS NAMED A BENEFICIARY, SO AS TO PROVIDE THAT CERTAIN CHARITABLE ORGANIZATIONS AND ENTITIES MAY OWN OR PURCHASE LIFE INSURANCE ON AN INDIVIDUAL WHO CONSENTS TO THE OWNERSHIP OR PURCHASE OF THAT INSURANCE AND THE CHARITABLE ORGANIZATION OR ENTITY HAS AN INSURABLE INTEREST IN THE LIFE OF THE INDIVIDUAL INSURED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 38-63-100 of the 1976 Code is amended to read:

"Section 38-63-100.    (A)(1)    Notwithstanding any other another provision of law, a charitable organization has an insurable interest in the life an insured under a policy in which the charitable organization is irrevocably named as a beneficiary provided that the application for insurance is signed by the insured. For purposes of this section, a 'charitable organization' means:

(a)    a bona fide charity or nonprofit corporation which is in compliance with the 'Solicitation of Charitable Funds Act', (Chapter 55 of Title 33) has an insurable interest in the life of an insured under a policy in which the charity or corporation is irrevocably named as a beneficiary provided that the application for insurance is signed by the insured;

(b)    an organization to whom a charitable contribution could be made pursuant to Section 170(c)(1), 170(c)(2), or 170(c)(3) of the Internal Revenue Code; or

(c)    a trust, partnership, limited liability company, or similar entity approved in writing by an organization, described in subitem (a) or (b) which, with the written consent of the individual insured, procures or causes to be procured the combination of an insurance policy and annuity contract on the life of the individual, provided that the form of the written consent that the individual signs is filed with the director or his designee.

(2)    The charitable organization has insurable interest in the life of the insured whether the charitable organization originally purchased the insurance or the insurance is later transferred to the charitable organization by the insured or another person.

(B)    The provisions of this section do not limit or abridge any insurable interest or right to insure now existing at common law or by statute, shall must be construed liberally to sustain insurable interest, and shall stand stands as a declaration of existing law applicable to all life insurance policies in existence on or after the effective date of this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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