Resolution Number: 2009-B008
Title: Refer a Resolution on Canon I.7.3 to Add Consent to Encumber Trust Funds
Legislative Action Taken: Referred
Final Text:

Resolved, That Canon I.7.3 be amended to read as follows:

A new section added to be 1.7.Sec.3(b) - that would change the former 1.7.Sec.3 to 1.7.Sec.3(a)

Sec. 3 (b) No Vestry, Trustee, or other Body, authorized by Civil or Canon Law to hold, manage or administer the trusts or permanent funds of any Parish, Mission, Congregation or Institution, shall expend or otherwise encumber those funds in a manner inconsistent with standard business practice without the written consent of the Bishop and Standing Committee of the Diocese of which the Parish, Mission, Congregation or Institution is a part except under such regulations as may be prescribed by Canon of the Diocese.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Anaheim, 2009 (New York: General Convention, 2009), p. 387.

Legislative History

Author: The Rt. Rev. Mark S. Sisk
Originating House: House of Bishops
Originating Committee: Committee on Stewardship and Development

House of Bishops

The House of Bishops Committee on Stewardship and Development presented its Report #16 on Resolution B008 (Amend Canon I.7.3 to add 3(b)) recommending discharge, and re-referral of the resolution to the Committee on Canons.

Original Text of Resolution:

(B008)

Resolved, the House of Deputies concurring, That Canon I.7.3 be amended to read as follows:

A new section added to be 1.7.Sec.3(b) that would change the former 1.7.Sec.3 to 1.7.Sec.3(a).

Sec. 3. (b) No Vestry, Trustee or other Body, authorized by Civil or Canon Law to hold, manage or administer the trusts or permanent funds of any Parish, Mission, Congregation or Institution, shall expend or otherwise encumber those funds in a manner inconsistent with standard business practice without the written consent of the Bishop and Standing Committee of the Diocese of which the Parish, Mission, Congregation or Institution is a part except under such regulations as may be prescribed by Canon of the Diocese.

Motion carried

Resolution re-referred to a Legislative Committee

(Communicated to the House of Deputies in HB Message #59)

House of Deputies

The House of Deputies Committee on Stewardship and Development presented its Report #26 on Resolution B008 (Amend Canon I.7.3 to add 3(b)) and moved to concur with a referral to the Standing Commission on Constitution and Canons.

A vote was taken on Resolution B008.

Motion carried

Resolution referred to a Standing Commission

(Communicated to the House of Bishops in HD Message #211)

[Editor's Note: the House of Deputies took a second duplicate vote on B008 through the Consent Calendar as follows.]

The House of Deputies Committee on Canons presented its Report #17 on Resolution B008 (Amend Canon I.7.3 to add 3(b)) and moved adoption with referral to the Standing Commission on Constitution and Canons.

Motion carried

Consent Calendar adopted

(Communicated to the House of Bishops in HD Message #299)

House of Bishops

The House of Bishops Committee on Canons presented its Report #21 on HD Message #299 on Resolution B008 (Amend Canon I.7.3 to add 3(b)) and moved to concur with a referral to the Standing Commission on Constitution and Canons.

Motion carried

Resolution referred to a Standing Commission

(Communicated to the House of Deputies in HB Message #318)

Resolution Referred to a Standing Commission by Both Houses.

Abstract:   The 76th General Convention refers to a Standing Commission a resolution to amend Canon I.7.3 on the authorization needed for unusual spending or encumbrance of trust funds by congregations or Church institutions.
Notes:  

The House of Deputies took a duplicate vote on 2009-B008: the first on Day 8 (see Journal p. 680) and the second on Day 10 when it was included in that Day's Consent Calendar (see Journal, p. 758). Neither of the House of Deputies' votes to "Refer to the Standing Commission on Constitution and Canons (see Journal, p. 387) concurred with the earlier decision on Day 4 by the House of Bishops to re-refer the resolution to the legislative Committee on Canons (see Journal, p. 131). On Day 10, the Bishops responded to the House of Deputies' message 299 in a reconsideration and concurred with the Deputies to refer the resolution to the Standing Commission on Constitution and Canons.