Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 1924
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE REUTER.
3980H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 461, RSMo, by adding thereto one new section relating to charitable
or ganizations as named beneficiaries.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 461, RSMo, is amended by adding thereto one new section, to be
2 known as section 461.900, to read as follows:
461.900. 1. This section shall be known and may be cited as the "Charitable
2 Organizations Privacy Pr otection Act".
3 2. For purposes of this section, the following terms mean:
4 (1) "Beneficiary designation", a pro vision in an instrument designating a
5 beneficiary , other than in a will or an instrument cr eating a trust, and may also mean
6 the instrument itself including, but not limited to, the following:
7 (a) An annuity or insurance policy;
8 (b) An account with a designation for payment on death;
9 (c) A security r egister ed in beneficiary form;
10 (d) A pension, pro fit-sharing, r etir ement, or other employment-r elated benefit
11 plan; and
12 (e) Any other nonprob ate transfer at death;
13 (2) "Charitable organization", an organization with a charitable purpose that
14 does business in this state or holds prop erty in this state and is described in section 501
15 (c)(3) of the Internal Revenue Code as being exempt fr om taxation under section 501(a)
16 of the Internal Revenue Code;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (3) "Charitable purpose", a purpose described in section 501(c)(3) of the
18 Internal Revenue Code, or a benevolent, educational, philanthrop ic, humane, scientific,
19 patriotic, social welfar e or advocacy , public health, envir onmental conservation, civic,
20 or other eleemosynary objective.
21 3. If a charitable organization is a beneficiary of an interes t in pr operty creat ed
22 by beneficiary designation, the charitable organization may pr esent an affidavit to the
23 holder of the pr operty or to any person with information about the prop erty for the
24 purpose of obtaining the prop erty or information reg arding the pro perty . The affidavit
25 shall state the following:
26 (1) The decedent's name and last known addr ess;
27 (2) A general description of the pr operty to the extent known;
28 (3) The charitable organization's name, addr ess, and primary contact
2 9 information;
30 (4) That the charitable organization is a charitable organization as defined in
31 this section;
32 (5) A req uest that the prop erty be paid or transferr ed to the charitable
33 organization or that information about the pr operty be given to the charitable
34 organization;
35 (6) That no one other than the charitable organization has a right to the inter est
36 in the prop erty listed in the affidavit;
37 (7) That the affidavit has been signed by a duly authorized repr esentative of the
38 charitable organization under penalty of perjury before a notary public as pro vided in
39 chapter 486; and
40 (8) That the information in the affidavit is true and corr ect.
41 4. The affidavit shall be accompanied by the following:
42 (1) A copy of the charitable organization's determination letter fro m the
43 Internal Revenue Service recog nizing its tax-exempt status;
44 (2) A copy of the charitable organization's certificate of good standing issued by
45 the secr etary of state as conclusive evidence that the domestic or for eign corporation is
46 in good standing;
47 (3) A statement that on information or belief of the affiant, the pr operty owner is
48 deceased supported by a death certificate of the decedent, or pr obate notice published
49 by the personal r epresent ative of the decedent's estate, or pr oof of payment of the
50 decedent's funeral expenses, or the decedent's obituary as verification of the decedent's
51 death;
52 (4) A corporate res olution or similar statement of authority of the affiant to act
53 on behalf of the charitable organization; and
HB 1924 2
54 (5) Federal Internal Revenue Service form W -9 completed by an authorized
55 r epresent ative of the charitable organization.
56 5. The holder of the pr operty shall not r equest any additional personal
57 information fr om any individual employed by or serving on the board of the charitable
58 organization including, but not limited to, the following:
59 (1) Social security number or driver's license number;
60 (2) Contact information; or
61 (3) Personal financial information.
62 6. If the r equir ements of subsections 3 and 4 of this section are satisfied, the
63 following apply:
64 (1) The decedent's pro perty shall be paid, deliver ed, or transferr ed to or for the
65 benefit of the charitable organization if the affidavit has reque sted the transfer of
66 ownership of the pr operty to the charitable organization;
67 (2) A transfer agent of a security described in the affidavit shall change
68 r eqister ed ownership on the books of the corporation fr om the decedent to or for the
69 benefit of the charitable organization if the affidavit has reque sted the transfer of
70 ownership of the pr operty to the charitable organization; and
71 (3) The information r equested in the affidavit shall be deliver ed to the
72 organization.
73 7. The holder of the pr operty and any person who in good faith delivers the
74 pr operty or information req uested in rel iance on information a charitable organization
75 pr ovides under this section, who has no knowledge that rep res entations contained in the
76 affidavit are incorr ect, shall not be liable to any person for so acting and may assume
77 without inquiry the existence of the facts contained in the affidavit. The time to verify a
78 charitable organization's authority shall not exceed thirty days fr om the date of delivery
79 of the affidavit. Any right or title acquired fr om the charitable organization in
80 consideration of the pr ovision of prop erty or information under this section is not
81 invalid in consequence of misapplication by the charitable organization. A transaction
82 and a lien cr eated by a transaction enter ed into by the charitable organization and
83 anyone acting in reli ance on the affidavit under this section is enforcea ble against the
84 pr operty the charitable organization has requ ested.
85 8. If the holder of the prope rty ref uses to provi de the re quested pr operty or
86 information within thirty days after receivi ng the affidavit, the charitable organization
87 may bring an action against the holder of the pro perty to r ecover the pr operty or rece ive
88 the information or to compel the delivery of the pr operty . An action br ought under this
89 section shall be brou ght within one year after the date of the act or failure to act. If the
90 court finds that the holder of the pr operty acted unr easonably in failing to deliver the
HB 1924 3
91 pr operty or information as requ ested in the affidavit, the court may award to the
92 charitable organization any or all of the following:
93 (1) Damages sustained by the charitable organization;
94 (2) Costs of the action;
95 (3) A penalty in an amount determined by the court between five hundr ed
96 dollars and ten thousand dollars; and
97 (4) Reasonable attorney's fees based on the value of the time reas onably
98 expended by the charitable organization's attorney .
✔
HB 1924 4