HF 1706

as introduced - 87th Legislature (2011 - 2012) Posted on 05/14/2011 11:59am

A bill for an act
relating to religious societies; requiring congregational approval of certain
actions; amending Minnesota Statutes 2010, section 315.15; proposing coding
for new law in Minnesota Statutes, chapter 315.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 315.15, is amended to read:

315.15 PARISH CORPORATIONS, ORGANIZATION.

new text begin Subdivision 1. new text end

new text begin Incorporation. new text end

The bishop of a religious denomination may join
with the vicar general of the diocese and the pastor of the parish where the corporation is
to be located, within the bishop's diocese for the purpose of incorporating. The bishop,
vicar general, and pastor, or a majority of them, shall designate and join with two lay
members of the denomination. These five shall adopt, sign, and acknowledge a certificate
of incorporation reciting the fact of association, and the selection of lay members, and
containing the name, general purpose, and place of location of the corporation. When they
have recorded the certificate with the county recorder of the county where the corporation
is located, they and their successors become a corporation, subject to the requirements,
and with the rights, powers, and privileges, of a religious corporation.

The persons at any time holding the offices specified in any diocese are, by virtue
of their respective offices, members of the corporation and, with the two lay members,
constitute it, but on ceasing to hold office, they cease to be members, and their successors
in office become members. The two lay members designated remain members for two
years from the date of the certificate, after that their term of office is two years, in either
case until their successors are chosen. They must always be designated and appointed by
the bishop, vicar general, and pastor, who shall also fill vacancies in their number. Their
appointment must be in writing and entered upon the records of the corporation. If there is
a vacancy in the office of bishop of any diocese, or if another person is appointed in the
bishop's stead to administer the spiritual and temporal affairs of the diocese, then, during
the vacancy or suspension of authority, the administrator of the affairs of the diocese,
or any other person appointed under the rules of the denomination to preside over and
administer its affairs, is, while acting as administrator or appointee, a member of the
corporation, with the rights and powers of membership; but the membership ends when
the vacancy is filled or suspension of authority removed.

If a diocese in which the corporation is located is subdivided according to the rules
and practice of the denomination, and one or more new dioceses formed from it or its
parts, the bishop and vicar general of the new diocese and their successors in office, as
soon as appointed and instituted, by virtue of their respective offices, immediately become
members of the corporation within the new diocese, with the rights, duties, privileges,
powers, and obligations of members. The bishop and vicar general of the diocese where
the corporation was located before the subdivision cease to be members of the corporation.

new text begin Subd. 2. new text end

new text begin Catholic governance; right of members to vote. new text end

new text begin Notwithstanding any
law to the contrary, a catholic parish shall be governed by the congregation. Every
member of the parish shall be entitled to vote at meetings.
new text end

Sec. 2.

new text begin [315.366] MERGER OR TERMINATION OF CATHOLIC PARISH;
TRANSFER OR SALE OF ASSETS.
new text end

new text begin Notwithstanding any other provision of law, any proposed merger or termination of
a catholic parish, or transfer or sale of parish assets, may only take effect upon approval
of the parish congregation at a special meeting called solely to consider the proposed
action. A special meeting required under this section may be called at the request of ten
members of the parish congregation. The meeting must be scheduled at a time when the
full parish congregation can reasonably be expected to be able to attend. Every member of
the congregation must be notified of the scheduled date and time of the meeting, by mail,
not more than 21 days nor less than 14 days before the meeting occurs. At the meeting,
every member of the congregation is entitled to an equal vote.
new text end