General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Religious and Charitable Matters; Cemeteries


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Religious and Charitable Matters; Cemeteries

Passed

P HB2491

Solicitation of contributions; exemptions from registration. Provides an exemption from registration with the Department of Agriculture and Consumer Services for nonprofit organizations that have been granted tax-exempt status under § 501 (c) (3) of the Internal Revenue Code and that solicit contributions only through (i) grant proposals submitted to for-profit corporations, (ii) grant proposals submitted to other nonprofit organizations that have been granted tax-exempt status under § 501 (c) (3) of the Internal Revenue Code, or (iii) grant proposals submitted to organizations determined to be private foundations under § 509 (a) of the Internal Revenue Code.
Patron - Petersen

P HB2697

Church law substantive changes. Recognizes the existence of incorporated churches, and changes some nomenclature. This bill is identical to SB 1267.
Patron - Scott, J.M.

P HB2871

Solicitation of contributions; filing online registrations. Authorizes charitable organizations, professional fund-raising counsel and professional solicitors to file their registration statements online via a website approved by the Commissioner of the Department of Agriculture and Consumer Services. The bill also authorizes the Commissioner to enter into a memorandum of understanding or other similar agreement with the appropriate authority of any other state or federal agency for the purpose of providing charitable organizations, professional fund-raising counsel or professional solicitors with the option of filing their annual registration statements online via a website approved by all states that are parties to the memorandum of understanding.
Patron - Saxman

P SB1267

Provisions for incorporating churches. Makes the necessary changes in the Code to provide for the incorporation of previously unincorporated churches. This bill is identical to HB 2697.
Patron - Mims

Failed

F HB1881

Cemeteries; restrictions. Provides that no local governing body may deny an application for a subdivision plan based solely on the fact that the property to be subdivided contains or is adjacent to a family graveyard in which future interments of dead family members may be made.
Patron - Hargrove

F HB2673

Church and religion nomenclature. Amends and updates nomenclature throughout the code, with minimal substantive change, regarding churches and religion. The bill also defines "minister" and "church" to encompass all religions.
Patron - Scott, J.M.

F HB2709

Virginia's Veterans. Corrects the full name of the property conveyed to the Commonwealth as a perpetual memorial park and war memorial to remember fallen Veterans, who were conscripted or volunteered and ordered into battle by the Virginia General Assembly.
Patron - Nutter

F SB1289

R. E. Lee Camp Confederate Memorial Park. Corrects the full name of the property conveyed to the Commonwealth as a perpetual park and war memorial to fallen veterans who were conscripted or volunteered and ordered into battle by the General Assembly. The bill provides that the statutory authority of the trustees of the Virginia Museum of Fine Arts is not affected nor is the ability of the trustees to designate portions of the property in recognition or honor of individuals who have made outstanding contributions to the Commonwealth, the Virginia Museum of Fine Arts, or the property.
Patron - Hanger

F SB1305

Property held for religious purposes; determination of property rights upon division of church, diocese, or society. Provides that upon division of a church or society, the congregation may vote on whether to belong to a different church, diocese, or society, or be independent of any church, diocese, or society. Currently the vote is limited to which branch of the church or society the congregation will belong. The bill also provides that a division of the church, diocese, or society is conclusively presumed when the lesser of 10 congregations or 10 percent of all congregations in the state vote within any 12-month period to separate from the church, diocese, or society, and allows the congregation to report its determination to the appropriate circuit court. In addition, the bill provides that in certain church, diocese, or society property transfers where the property is held for the benefit of the congregation, evidence of the determination of the congregation shall be sufficient proof for granting the transfer.
Patron - Mims

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