This bill proposes the addition of a new section, 35-1-14, to the Code of West Virginia, which outlines the process and requirements for local religious organizations to disaffiliate from their parent religious denominations. A key provision mandates that disaffiliation must be approved by a two-thirds vote of the membership present at a duly called meeting. The bill establishes classifications for property involved in disaffiliation, including Class A (real estate), Class B (chattel and personal property), and Class C (intangible property), each with specific rules regarding ownership and financial contributions. For instance, a local organization can retain ownership of Class A property if over 50% of the acquisition costs were raised locally, while ownership of Class B property is determined by the purchaser.

Additionally, the bill places the burden of proof on the parent religious denomination to provide a transparent accounting of financial contributions and property ownership within 60 days of a disaffiliation request. If the parent organization fails to meet this requirement, the local organization is presumed to meet eligibility for retaining property. The bill also includes provisions for the classification of any property that does not clearly fit into the established categories, allowing a court or mediator to determine its classification. The act is set to take effect on October 1, 2026, and includes a severability clause to ensure that if any part of the section is deemed invalid, the remaining provisions will still apply.

Statutes affected:
Introduced Version: 35-1-14