Requires the Catholic Archdiocese follow certain procedures during the consolidation or merger of churches including requiring a vote by the parish councils and trustees of the consolidating or merging churches.
STATE OF NEW YORK
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7569
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the religious corporations law, in relation to requiring
the Catholic Archdiocese follow certain procedures during the consol-
idation or merger of churches
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13 of the religious corporations law, as amended by
2 chapter 549 of the laws of 2013, is amended to read as follows:
3 § 13. Consolidation or merger of incorporated churches. Two or more
4 incorporated churches may enter into an agreement, under their respec-
5 tive corporate seals, for the consolidation or merger of such corpo-
6 rations, setting forth the name of the proposed new corporation or
7 surviving corporation, the denomination, if any, to which it is to
8 belong, and if the churches of such denomination have more than one
9 method of choosing trustees, by which of such methods the trustees are
10 to be chosen, the number of such trustees, the names of the persons to
11 be the first trustees of the new corporation, and the date of its first
12 annual corporate meeting. Such an agreement shall not be valid for
13 United Methodist churches unless proposed by a majority vote of the
14 charge conference of each church and approved by the superintendent or
15 superintendents of the district or districts in which the consolidating
16 churches are located, and by the majority of the members of each of such
17 churches, over the age of twenty-one years, present and voting at a
18 meeting thereof held in the usual place of public worship and called for
19 the purpose of considering such agreement by announcement made at public
20 service in such churches on two Sundays, the first not less than ten
21 days next preceding the date of such meeting. Such an agreement shall
22 not be valid for Roman Catholic churches unless proposed by a majority
23 vote of the parish councils and trustees of each church and approved by
24 the cardinal or cardinals of the archdiocese or archdioceses in which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10643-01-3
A. 7569 2
1 the consolidating churches are located, and by the majority of the
2 members of each of such churches, over the age of twenty-one years,
3 present and voting at a meeting thereof held in the usual place of
4 public worship and called for the purpose of considering such agreement
5 by announcement made at public service in such churches on two Sundays,
6 the first not less than ten days next preceding the date of such meet-
7 ing. Such agreement shall not be valid unless approved in the case of
8 Protestant Episcopal churches by the bishop and standing committee of
9 the diocese in which such churches are situated and in the case of
10 churches of other denominations by the governing body of the denomi-
11 nation, if any, to which each church belongs, having jurisdiction over
12 such church. Each corporation shall thereupon make a separate petition
13 to the supreme court for an order consolidating or merging the corpo-
14 rations, setting forth the denomination, if any, to which the church
15 belongs, that the consent of the governing body to the consolidation or
16 merger, if any, of that denomination having jurisdiction over such
17 church has been obtained, the agreement therefor, and a statement of all
18 the property and liabilities and the amount and sources of the annual
19 income of such petitioning corporation. In its discretion the court may
20 direct that notice of the hearing of such petition be given to the
21 parties interested therein in such manner and for such time as it may
22 prescribe. After hearing all the parties interested, present and desir-
23 ing to be heard, the court may make an order for the consolidation or
24 merger of the corporations on the terms of such agreement and such other
25 terms and conditions as it may prescribe, specifying the name of such
26 new or surviving corporation and the trustees thereof, and the method by
27 which their successors shall be chosen and the date of its first or next
28 annual corporate meeting. When such order is made and duly entered, the
29 persons constituting such consolidated or merged corporations shall be
30 or become an incorporated church by, and said petitioning churches shall
31 become consolidated or merged under, the name designated in the order,
32 and the trustees therein named shall be the trustees thereof, and the
33 future trustees thereof shall be chosen by the method therein desig-
34 nated, and all the estate, rights, powers and property of whatsoever
35 nature belonging to either corporation shall without further act or deed
36 be vested in and transferred to the new or surviving corporation as
37 effectually as they were vested in or belonging to the former corpo-
38 rations; and the said new or surviving corporation shall be liable for
39 all the debts and liabilities of the former corporations in the same
40 manner and as effectually as if said debts or liabilities had been
41 contracted or incurred by the new or surviving corporation. A certified
42 copy of such order shall be recorded in the book for recording certif-
43 icates of incorporation in each county clerk's office in which the
44 certificate of incorporation of each consolidating or merging church was
45 recorded; or if no such certificate was so recorded, then in the clerk's
46 office of the county in which the principal place of worship or princi-
47 pal office of the new or surviving corporation is, or is intended to be,
48 situated.
49 § 2. This act shall take effect on the thirtieth day after it shall
50 have become a law.
