Bill Text: MN HF1706 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Congregational approval of religious society actions required.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-14 - Introduction and first reading, referred to Civil Law [HF1706 Detail]
Download: Minnesota-2011-HF1706-Introduced.html
1.2relating to religious societies; requiring congregational approval of certain
1.3actions;amending Minnesota Statutes 2010, section 315.15; proposing coding
1.4for new law in Minnesota Statutes, chapter 315.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 315.15, is amended to read:
1.7315.15 PARISH CORPORATIONS, ORGANIZATION.
1.8 Subdivision 1. Incorporation. The bishop of a religious denomination may join
1.9with the vicar general of the diocese and the pastor of the parish where the corporation is
1.10to be located, within the bishop's diocese for the purpose of incorporating. The bishop,
1.11vicar general, and pastor, or a majority of them, shall designate and join with two lay
1.12members of the denomination. These five shall adopt, sign, and acknowledge a certificate
1.13of incorporation reciting the fact of association, and the selection of lay members, and
1.14containing the name, general purpose, and place of location of the corporation. When they
1.15have recorded the certificate with the county recorder of the county where the corporation
1.16is located, they and their successors become a corporation, subject to the requirements,
1.17and with the rights, powers, and privileges, of a religious corporation.
1.18The persons at any time holding the offices specified in any diocese are, by virtue
1.19of their respective offices, members of the corporation and, with the two lay members,
1.20constitute it, but on ceasing to hold office, they cease to be members, and their successors
1.21in office become members. The two lay members designated remain members for two
1.22years from the date of the certificate, after that their term of office is two years, in either
1.23case until their successors are chosen. They must always be designated and appointed by
1.24the bishop, vicar general, and pastor, who shall also fill vacancies in their number. Their
2.1appointment must be in writing and entered upon the records of the corporation. If there is
2.2a vacancy in the office of bishop of any diocese, or if another person is appointed in the
2.3bishop's stead to administer the spiritual and temporal affairs of the diocese, then, during
2.4the vacancy or suspension of authority, the administrator of the affairs of the diocese,
2.5or any other person appointed under the rules of the denomination to preside over and
2.6administer its affairs, is, while acting as administrator or appointee, a member of the
2.7corporation, with the rights and powers of membership; but the membership ends when
2.8the vacancy is filled or suspension of authority removed.
2.9If a diocese in which the corporation is located is subdivided according to the rules
2.10and practice of the denomination, and one or more new dioceses formed from it or its
2.11parts, the bishop and vicar general of the new diocese and their successors in office, as
2.12soon as appointed and instituted, by virtue of their respective offices, immediately become
2.13members of the corporation within the new diocese, with the rights, duties, privileges,
2.14powers, and obligations of members. The bishop and vicar general of the diocese where
2.15the corporation was located before the subdivision cease to be members of the corporation.
2.16 Subd. 2. Catholic governance; right of members to vote. Notwithstanding any
2.17law to the contrary, a catholic parish shall be governed by the congregation. Every
2.18member of the parish shall be entitled to vote at meetings.
2.19 Sec. 2. [315.366] MERGER OR TERMINATION OF CATHOLIC PARISH;
2.20TRANSFER OR SALE OF ASSETS.
2.21Notwithstanding any other provision of law, any proposed merger or termination of
2.22a catholic parish, or transfer or sale of parish assets, may only take effect upon approval
2.23of the parish congregation at a special meeting called solely to consider the proposed
2.24action. A special meeting required under this section may be called at the request of ten
2.25members of the parish congregation. The meeting must be scheduled at a time when the
2.26full parish congregation can reasonably be expected to be able to attend. Every member of
2.27the congregation must be notified of the scheduled date and time of the meeting, by mail,
2.28not more than 21 days nor less than 14 days before the meeting occurs. At the meeting,
2.29every member of the congregation is entitled to an equal vote.
1.3actions;amending Minnesota Statutes 2010, section 315.15; proposing coding
1.4for new law in Minnesota Statutes, chapter 315.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 315.15, is amended to read:
1.7315.15 PARISH CORPORATIONS, ORGANIZATION.
1.8 Subdivision 1. Incorporation. The bishop of a religious denomination may join
1.9with the vicar general of the diocese and the pastor of the parish where the corporation is
1.10to be located, within the bishop's diocese for the purpose of incorporating. The bishop,
1.11vicar general, and pastor, or a majority of them, shall designate and join with two lay
1.12members of the denomination. These five shall adopt, sign, and acknowledge a certificate
1.13of incorporation reciting the fact of association, and the selection of lay members, and
1.14containing the name, general purpose, and place of location of the corporation. When they
1.15have recorded the certificate with the county recorder of the county where the corporation
1.16is located, they and their successors become a corporation, subject to the requirements,
1.17and with the rights, powers, and privileges, of a religious corporation.
1.18The persons at any time holding the offices specified in any diocese are, by virtue
1.19of their respective offices, members of the corporation and, with the two lay members,
1.20constitute it, but on ceasing to hold office, they cease to be members, and their successors
1.21in office become members. The two lay members designated remain members for two
1.22years from the date of the certificate, after that their term of office is two years, in either
1.23case until their successors are chosen. They must always be designated and appointed by
1.24the bishop, vicar general, and pastor, who shall also fill vacancies in their number. Their
2.1appointment must be in writing and entered upon the records of the corporation. If there is
2.2a vacancy in the office of bishop of any diocese, or if another person is appointed in the
2.3bishop's stead to administer the spiritual and temporal affairs of the diocese, then, during
2.4the vacancy or suspension of authority, the administrator of the affairs of the diocese,
2.5or any other person appointed under the rules of the denomination to preside over and
2.6administer its affairs, is, while acting as administrator or appointee, a member of the
2.7corporation, with the rights and powers of membership; but the membership ends when
2.8the vacancy is filled or suspension of authority removed.
2.9If a diocese in which the corporation is located is subdivided according to the rules
2.10and practice of the denomination, and one or more new dioceses formed from it or its
2.11parts, the bishop and vicar general of the new diocese and their successors in office, as
2.12soon as appointed and instituted, by virtue of their respective offices, immediately become
2.13members of the corporation within the new diocese, with the rights, duties, privileges,
2.14powers, and obligations of members. The bishop and vicar general of the diocese where
2.15the corporation was located before the subdivision cease to be members of the corporation.
2.16 Subd. 2. Catholic governance; right of members to vote. Notwithstanding any
2.17law to the contrary, a catholic parish shall be governed by the congregation. Every
2.18member of the parish shall be entitled to vote at meetings.
2.19 Sec. 2. [315.366] MERGER OR TERMINATION OF CATHOLIC PARISH;
2.20TRANSFER OR SALE OF ASSETS.
2.21Notwithstanding any other provision of law, any proposed merger or termination of
2.22a catholic parish, or transfer or sale of parish assets, may only take effect upon approval
2.23of the parish congregation at a special meeting called solely to consider the proposed
2.24action. A special meeting required under this section may be called at the request of ten
2.25members of the parish congregation. The meeting must be scheduled at a time when the
2.26full parish congregation can reasonably be expected to be able to attend. Every member of
2.27the congregation must be notified of the scheduled date and time of the meeting, by mail,
2.28not more than 21 days nor less than 14 days before the meeting occurs. At the meeting,
2.29every member of the congregation is entitled to an equal vote.
