SB 561
Relating to disaffiliation from religious denominations
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes a process for local religious organizations in West Virginia to disaffiliate from their parent religious denominations or conferences. It outlines how property – categorized as real estate (Class A), chattel (Class B), and intangible assets (Class C) – will be divided during disaffiliation. The bill requires a two-thirds vote of the local organization’s membership for disaffiliation and mandates a transparent accounting from the parent denomination regarding property contributions and ownership details, with specific rules for reimbursement of investments in real estate and division of intangible assets based on funding sources.
Key provisions
- Requires a two-thirds vote of the local religious organization’s membership to disaffiliate.
- Classifies property into three categories: real estate (Class A), chattel/personal property (Class B), and intangible property (Class C).
- Real estate (Class A) can be retained by the local organization if more than 50% of acquisition and improvement costs were locally funded.
- Ownership of chattel and personal property (Class B) is retained by the purchaser.
- Intangible property (Class C) is divided based on the proportion of local versus parent contributions over a two-year period.
- The parent religious denomination or conference must provide a detailed accounting within 60 days.
- A court, mediator, or arbitrator can classify property if it doesn’t fit neatly into the defined categories.
- The parent religious denomination or conference bears the burden of proving its contributions to property.
Who is affected
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