Trusteeism Bill Introduced in Connecticut (To remove control of parishes from Catholic bishops)

catholickey.blogspot.com ^ | March 6, 2009 | Jack Smith

[GonzoII]

A Bill removing control of parishes from bishops has been introduced in the Connecticut General Assembly. Raised Bill 1098 has no stated sponsor, but according to staff at the Senate Judiciary Committee was a concept raised in the committee itself.

The bill establishes that Catholic churches in the state shall have a board of directors made up of 7 to 13 lay members elected by the congregation. The bishop or his designee shall be an ex-officio non-voting member.

[GonzoII]

Long live Henry VIII!

General Assembly		Raised Bill No. 1098
January Session, 2009		LCO No. 4528
		*04528_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT MODIFYING CORPORATE LAWS RELATING TO CERTAIN RELIGIOUS CORPORATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 33-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) A corporation may be organized in connection with any Roman Catholic Church or congregation in this state, by filing in the office of the Secretary of the State a certificate signed by the archbishop or bishop and the vicar-general of the archdiocese or of the diocese in which such congregation is located and the pastor and two laymen belonging to such congregation, stating that they have so organized for the purposes hereinafter mentioned. [Such archbishop or bishop, vicar-general and pastor of such congregation and, in case of the death or other disability of the archbishop or bishop, the administrator of the archdiocese or diocese for the time being, the chancellor of the archdiocese or diocese and the pastor of such congregation shall be members, ex officio, of such corporation, and, upon their death, resignation, removal or preferment, their successors in office shall become such members in their stead. The two lay members shall be appointed annually, in writing, during the month of January from the lay members of the congregation by a majority of the ex-officio members of the corporation; and three members of the corporation, of whom one shall be a layman, shall constitute a quorum for the transaction of business.]

(b) The corporation shall have a board of directors consisting of not less than seven nor more than thirteen lay members. The archbishop or bishop of the diocese or his designee shall serve as an ex-officio member of the board of directors without the right to vote.

(c) The members of the board of directors shall be elected from among the lay members of the congregation at an annual meeting of the corporation. The members of the board of directors shall serve for staggered terms of not more than three years. The members of the board of directors shall owe a fiduciary duty to the corporation and the members of the congregation.

(d) The board of directors shall meet at least quarterly. A majority of the members of the board of directors shall constitute a quorum for the transaction of business. Notice of the meetings of the board of directors shall be sent by mail or electronic mail to each member of the board of directors and be delivered or published in a manner likely to come to the attention of a majority of the members of the congregation.

(e) The general administrative and financial powers of the corporation shall be exercised by or under the authority of the board of directors. Such powers shall include, but are not limited to:

(1) Establishing and approving budgets;

(2) Managing the financial affairs of the corporation;

(3) Providing for the auditing of the financial records of the corporation;

(4) Developing and implementing strategic plans and capital projects;

(5) Developing outreach programs and other services to be provided to the community; and

(6) Any of the powers enumerated in section 33-1036.

(f) The pastor of the congregation shall report to the board of directors with respect to administrative and financial matters.

(g) Any member of the corporation is entitled to inspect and copy, during regular business hours at the corporation's principal office, any of the business records of the corporation including accounting records and financial statements of the corporation if such member gives the corporation written notice of his demand at least five business days before the date on which he wishes to inspect and copy.

(h) Nothing in this section shall be construed to limit, restrict or derogate from any power, right, authority, duty or responsibility of the bishop or pastor in matters pertaining exclusively to religious tenets and practices.

Sec. 2. (NEW) (Effective October 1, 2009) The provisions of section 33-279 of the general statutes, as amended by this act, shall apply to all corporations in existence on January 1, 2010, that were organized under subpart D of part II of chapter 598 of the general statutes prior to said date.

Sec. 3. (NEW) (Effective October 1, 2009) Any person having reason to believe that monetary contributions to a corporation organized under chapter 598 of the general statutes are being misappropriated and not being used for the purpose for which they were given may report that belief to the Attorney General. The Attorney General shall, pursuant to his authority under section 3-125 of the general statutes to represent the public interest in the protection of any gifts, legacies or devises intended for public or charitable purposes, investigate such report and take such action as he deems necessary.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2009	33-279
Sec. 2	October 1, 2009	New section
Sec. 3	October 1, 2009	New section

Statement of Purpose:

To revise the corporate governance provisions applicable to the Roman Catholic Church and provide for the investigation of the misappropriation of funds by religious corporations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

[txnativegop]

Has Connecticut heard of the 1st Amendment, hello!

[patj]

They can’t be serious! What about that separation of church and state that the libs are always screaming about?

[OldArmy52]

Separation of Church & State?
Um, yeah. Right.

[darkangel82]

Democrats don’t care about the Constitution.

[redgolum]

WHat is the stated purpose?

[txnativegop]

I keep forgetting that point.

[txnativegop]

Obama press conference: “The G-d is the State, and I AM THE STATE!”

[darkangel82]

These legislators ought to be arrested for criminal stupidity.

[bitterohiogunclinger]

I’m thinking perhaps that part about shall make no law prohibiting the free exercise of got missed somewhere?
Of course the Constitution restricts the Feds, but somehow I think it’s principles might apply to the States as well. And notice that they single out one religion, Roman Catholicism, which by itself would violate any number of Constitutional principles. What’s next, passing laws making it illegal for redheaded stepchildren to ride the bus?

[The_Reader_David]

Isn’t this bill flat unconstitutional? I mean, an analogous bill requiring all non-profit religious corporations incorporated in the state to have non-clerical boards control the temporalities belonging to the corporation might, just might, pass muster.

(Actually, analogous rules applied to the Anglicans would be a good thing, as it would allow those who are still trying to be traditional Christians, rather than New-Agey syncretists to control their buildings and take them with them when their tolerance level for apostacy was finally breached.)

[txnativegop]

The Constitution is the archaic creation of white racists, as such, it is irrelevant to Obama and his minions. Depressing to say the least.

[darkangel82]

It is flatly a hundred percent unconstitutional, but neither party really gives a rip anymore.

[GonzoII]

Ping.

[Shady Ray]

Isn’t this bill flat unconstitutional? I mean, an analogous bill requiring all non-profit religious corporations incorporated in the state to have non-clerical boards control the temporalities belonging to the corporation might, just might, pass muster.

Yes, the bill is unconstitutional. The 1st Amendment has been fully incorporated through the 14th Ammendment, thus making it enforceable against the States.

[Kakaze]

It's so important, that not one of those cowards would put their own name on it.

Blame it on the committee......I'm sick of spineless politicians.

Robert Maples, here in Roswell, NM wants to annex us, calls a meeting and then doesn't attend. People are really getting fed up.

[kitkat]

***...developing and implementing strategic plans and developing outreach plans and services to the community. ***

Anytime you hear the above phrase, get WORRIED!

There’s something hidden in this plan, and I believe it’s a way to take more money from the church to give it to Obama’s outreach and take it away from hard-working parishioners.

Also, with Obama taking more money from corporations, this is a way to raise taxes from the churches. Next comes ALL Christian religions.

They are just simply using a back door to get taxes from churches.

[GonzoII]

"Yes, the bill is unconstitutional. The 1st Amendment has been fully incorporated through the 14th Ammendment, thus making it enforceable against the States."

Thanks for the input.

[patton]

More to the point, it is a bill of attainder, and flatly unconstitutional.

[Maine Mariner]

Well as has been pointed out on this site many time elections have consequences. This bill is a continued extension of the liberal agenda much of which has been supported by the church bishops and other leaders.
The church leadership should have taken a strong stand against any money from the Church going to ACORN and other left-wing groups. Now, we are seeing the results with the left in power.