SB 953
Relating to disaffiliation from religious denominations while retaining property
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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 while retaining ownership of certain property. It requires a two-thirds vote of the local organization’s membership for disaffiliation and outlines a system for classifying property into three categories (Class A – real estate, Class B – chattel, and Class C – intangible property). The bill specifies how property ownership should be determined based on local versus denominational contributions and requires the parent denomination to provide detailed accounting within 60 days.
Key provisions
- Requires a two-thirds vote of the local religious organization’s membership for disaffiliation.
- Classifies property into three categories: Class A (real estate), Class B (chattel), and Class C (intangible property).
- Local religious organizations can retain ownership of Class A property if more than 50% of the acquisition and improvement costs were raised locally.
- Ownership of Class B property is retained by the purchaser.
- Ownership of Class C property is divided proportionally based on the sources of funds over a two-year look-back period.
- Requires the parent religious denomination to provide a detailed accounting of financial contributions and property ownership within 60 days.
- Establishes a burden of proof on the parent religious denomination to substantiate its contributions.
- Provides a mechanism for a court, mediator, or arbitrator to classify property if it doesn't fit neatly into the defined categories.
Who is affected
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