South Carolina H 3432: Chap. 080, SC Citizens Redistricting Commission, created

Bill Text

2025-2026 Bill 3432 Text of Previous Version (Apr. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3432

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Report

April 16, 2025

H. 3432

Introduced 
by Reps. W. Newton, Mitchell, Yow and T. Moore 

S. Printed 4/16/25--S.

Read the first time February 13, 2025

________

The committee on Senate Judiciary

To whom was referred a Bill (H. 3432) to amend 
the South Carolina Code of Laws by amending Section 27-6-20, relating to 
nonvested property interest or power of appointment, so as to increase the time, 
etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

LUKE RANKIN for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 27-6-20, RELATING TO NONVESTED PROPERTY INTEREST OR POWER OF 
APPOINTMENT, SO AS TO INCREASE THE TIME AN INTEREST CAN VEST FROM NINETY YEARS 
TO THREE HUNDRED SIXTY YEARS; BY AMENDING SECTION 27-6-40, RELATING TO 
REFORMATION OF PROPERTY DISPOSITIONS, SO AS TO INCREASE THE TIME LIMIT FROM 
NINETY YEARS TO THREE HUNDRED SIXTY YEARS; BY AMENDING SECTION 27-6-60, 
RELATING TO THE EFFECT OF TIMING OF CREATION OF PROPERTY INTEREST, SO AS TO 
UPDATE CERTAIN DATES; BY AMENDING SECTION 62-7-504, RELATING TO DISCRETIONARY 
TRUSTS, SO AS TO PROVIDE CERTAIN SITUATIONS IN WHICH A BENEFICIARY OF A TRUST 
MAY NOT BE CONSIDERED A SETTLOR; BY AMENDING SECTION 62-7-505, RELATING TO 
CREDITORS' CLAIMS AGAINST A SETTLOR, SO AS TO PROVIDE THAT CERTAIN AMOUNTS PAID 
TO TAXING AUTHORITIES MAY NOT BE CONSIDERED AN AMOUNT THAT MAY BE DISTRIBUTED 
FOR THE SETTLOR'S BENEFIT; AND BY ADDING SECTION 62-7-508 SO AS TO PROVIDE FOR 
CERTAIN GRANTOR TRUST REIMBURSEMENTS.

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

SECTION 1. Section 27-6-20 of the S.C. Code is amended to read:

 Section 
27-6-20. (A) A nonvested property 
interest is invalid unless:

 (1) 
when the interest is created, it is certain to vest or terminate no later than 
twenty-one years after the death of an individual then alive; or

 (2) 
the interest either vests or terminates within ninety 
three hundred sixty years after its creation.

 (B) A 
general power of appointment not presently exercisable because of a condition 
precedent is invalid unless:

 (1) 
when the power is created, the condition precedent is certain to be satisfied 
or become impossible to satisfy no later than twenty-one years after the death 
of an individual then alive; or

 (2) 
the condition precedent either is satisfied or becomes impossible to satisfy 
within ninety three hundred 
sixty years after its creation.

 (C) A 
nongeneral power of appointment or a general testamentary power of appointment 
is invalid unless:

 (1) 
when the power is created, it is certain to be irrevocably exercised or to 
terminate no later than twenty-one years after the death of an individual then 
alive; or

 (2) 
the power is irrevocably exercised or terminates within 
ninety three hundred sixty years after its 
creation.

 (D) In 
determining whether a nonvested property interest or a power of appointment is 
valid under subsection (A)(1), (B)(1), or (C)(1), the possibility that a child 
will be born to an individual after the individual's death is disregarded.

 (E) If, in measuring a period from the 
creation of a trust or other property arrangement, language in a governing 
instrument seeks to disallow the vesting or termination of any interest or 
trust beyond, seeks to postpone the vesting or termination of any interest or 
trust until, or seeks to operate in effect in any similar fashion upon, the 
later of: (1) the expiration of a period of time not exceeding twenty-one years 
after the death of a specified life or the survivor of specified lives, or upon 
the death of a specified life or the death of the survivor of specified lives 
in being at the creation of the trust or other property arrangement or (2) the 
expiration of a period of time that exceeds or might exceed twenty-one years 
after the death of the survivor of lives in being at the creation of the trust 
or other property arrangement, that language is inoperative to the extent it 
produces a period of time that exceeds twenty-one years after the death of the 
survivor of the specified lives.

SECTION 2. Section 27-6-40 of the S.C. Code is amended to read:

 Section 
27-6-40. Upon the petition of an interested person, 
a court shall reform a disposition in the manner that most closely approximates 
the transferor's manifested plan of distribution and is within the ninety three hundred sixty years 
permitted by this chapter if:

 (1) a 
nonvested property interest or a power of appointment becomes invalid under § Section 27-6