A071 HD Committee #02 Report #33

House of Deputies Committee 02 - Constitution & Canons presents its Report #33 on Resolution A071 ( Amend the Constitution and Canons Relating to Mergers of Dioceses [Of Admission of New Diocese -- Second Reading]) and moves:

Concur

Resolved, the House of Deputies concurring,

That the 80th General Convention amend Article V, Section 4 of the Constitution to read as follows:

<Amended text as it would appear if adopted and concurred. Scroll below the line of asterisks (******) to see the version showing all deleted and added text.>

Art.V

Sec. 4. Whenever a new Diocese is formed and erected out of an existing Diocese or out of two or more existing Dioceses or parts of them, the formation process of the newly formed Diocese, including the adoption of its Constitution and Canons, shall be as set forth in the Canons.

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Resolved, That the 80th General Convention amend Article V, Section 4 of the Constitution to read as follows:

Art.V

Sec. 4. Whenever a new Diocese is formed and erected out of an existing Diocese or out of two or more existing Dioceses or parts of themit shall be subject to the Constitution and Canons of the Diocese out of which it was formed, except as local circumstances may prevent, until the same be altered in accordance with such Constitution and Canons by the Convention of the new Diocese the formation process of the newly formed Diocese, including the adoption of its Constitution and Canons, shall be as set forth in the Canons.

Whenever a Diocese is formed out of two or more existing Dioceses, it shall be subject to the Constitution and Canons of that one of the said existing Dioceses to which the greater number of Members of the Clergy shall have belonged prior to the erection of such new Diocese, except as local circumstances may prevent, until the same be altered in accordance with such Constitution and Canons by the Convention of the new Diocese.

 

And be it further

Resolved, That Canon I.10 be amended to read as follows and voted on at the 81st General Convention:

<Amended text as it would appear if adopted and concurred. Scroll below the line of asterisks (******) to see the version showing all deleted and added text.>

Can.I.10

Sec. 1. Whenever a new Diocese is proposed to be formed within the limits of any Diocese, or by the junction of two or more Dioceses, or parts of two or more Dioceses, the Ecclesiastical Authorities and the Standing Committees of the Dioceses involved in the proposed new diocese shall submit for approval to the Conventions of each Diocese involved a joint agreement of union setting forth their agreements, including the manner of determining the Bishop Diocesan and other Bishops (if any), the provisions of the Constitution and Canons of the new Diocese, and such other matters as may be necessary or proper. Upon approval by the Conventions of each of the involved Dioceses, the joint agreement of union shall be submitted for ratification by the General Convention no less than ninety days prior to the first legislative day of the next meeting of the General Convention.

Sec. 2. Promptly after ratification by the General Convention, the Ecclesiastical Authority of the new Diocese, as set forth in the joint agreement of union, shall call the first Convention of the new Diocese, for the purpose of enabling it to organize, and shall fix the time and place of holding the same, such place being within the territorial limits of the new Diocese.

Sec. 3. Whenever one Diocese is about to be divided into two Dioceses, the Convention of such Diocese shall declare which portion or portions thereof are to be in the new Diocese, and shall make the same known to the General Convention before the ratification of such division.

Sec. 4. Whenever a new Diocese shall have organized in first Convention in accordance with the provisions of the Constitution and Canons in such case made and provided, and in the manner prescribed in the previous Sections of this Canon, and shall have chosen a name and acceded to the Constitution of the General Convention in accordance with Article V, Section 1 of the Constitution, and shall have laid before the Executive Council certified copies of the Constitution adopted at its first Convention, and the proceedings preparatory to the formation of the proposed new Diocese, such new Diocese shall thereupon be admitted into union with the General Convention.

Sec. 5. In the event of the erection of an Area Mission into a Diocese of this Church, as provided in Article V, Section 1 of the Constitution, the Convocation of the Area Mission shall be entitled to elect Deputies to the succeeding General Convention, and also to elect a Bishop. The jurisdiction previously assigned to the Bishop in the Area Mission shall be terminated upon the admission of the new Diocese.

Sec. 6. When a Diocese and one or more other Dioceses that were formed either by division therefrom or by erection into a Diocese or a Missionary Diocese formed by division therefrom, shall desire to be reunited into one Diocese, the proposed reunion must be initiated by the approval of the Conventions of the involved Dioceses of a joint agreement of union setting forth their agreements, including the manner of determining the Bishop Diocesan and other Bishops (if any), provisions of the Constitution and Canons of the new Diocese, and such other matters as may be necessary or proper. If the agreement of the Dioceses is made and the consents of their Conventions are given more than three months before the next meeting of the General Convention, the fact of the agreement and consents shall be certified by the Ecclesiastical Authority and the Secretary of the Convention of each involved Diocese to all the Bishops of the Church having jurisdiction and to the Standing Committees of all the Dioceses; and when the consents of a majority of such Bishops and of a majority of the Standing Committees to the proposed reunion shall have been received, the facts shall be similarly certified to the Secretary of the House of Deputies of the General Convention, and thereupon the reunion shall be considered complete. But if the agreement is made and the consents given within three months of the next meeting of the General Convention, the facts shall be certified instead to the Secretary of the House of Deputies, who shall lay them before the two Houses; and the reunion shall be deemed to be complete when it shall have been approved by a majority vote in the House of Bishops, and in the House of Deputies.

Sec. 7. When the union of two or more Dioceses or portions of Dioceses or the reunion of the two or more Dioceses shall have been completed, the facts shall be certified to the Presiding Bishop and to the Secretary of the House of Deputies. Thereupon the Presiding Bishop shall notify the Secretary of the House of Bishops of any alteration in the status or style of the Bishop or Bishops concerned, and the Secretary of the House of Deputies shall strike the name of any Diocese that will cease to exist or is being renamed from the roll of Dioceses in union with the General Convention and, if appropriate, amend the name of the newly united Diocese on the roll of Dioceses in union with the General Convention.

 

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Can.I.10

Sec. 1. Whenever a new Diocese is proposed to be formed within the limits of any Diocese, or by the junction of two or more Dioceses, or parts of two or more Dioceses, the Ecclesiastical Authorities and the Standing Committees of the Dioceses involved in the proposed new diocese shall submit for approval to the Conventions of each Diocese involved a joint agreement of union setting forth their agreements, including the manner of determining the Bishop Diocesan and other Bishops (if any), the provisions of the Constitution and Canons of the new Diocese, and such other matters as may be necessary or proper. Upon approval by the Conventions of each of the involved Dioceses, the joint agreement of union shall be submitted for ratification by the General Convention no less than ninety days prior to the first legislative day of the next meeting of the General Convention.

Sec. 2. Promptly after ratification by the General Convention, the Ecclesiastical Authority of the new Diocese, as set forth in the joint agreement of union, shall call the Primary first Convention of the new Diocese, for the purpose of enabling it to organize, and shall fix the time and place of holding the same, such place being within the territorial limits of the new Diocese.

Sec. 3. Whenever one Diocese is about to be divided into two Dioceses, the Convention of such Diocese shall declare which portion or portions thereof are is to be in the new Diocese, and shall make the same known to the General Convention before the ratification of such division.

Sec. 4. Whenever a new Diocese shall have organized in first Primary Convention in accordance with the provisions of the Constitution and Canons in such case made and provided, and in the manner prescribed in the previous Sections of this Canon, and shall have chosen a name and acceded to the Constitution of the General Convention in accordance with Article V, Section 1 of the Constitution, and shall have laid before the Executive Council certified copies of the Constitution adopted at its first Primary Convention, and the proceedings preparatory to the formation of the proposed new Diocese, such new Diocese shall thereupon be admitted into union with the General Convention.

Sec. 5. In the event of the erection of an Area Mission into a Diocese of this Church, as provided in Article V, Section 1 of the Constitution, the Convocation of the Area Mission shall be entitled to elect Deputies to the succeeding General Convention, and also to elect a Bishop. The jurisdiction previously assigned to the Bishop in the Area Mission shall be terminated upon the admission of the new Diocese.

Sec. 6. When a Diocese and one or more other Dioceses that were formed either by division therefrom or by erection into a Diocese or a Missionary Diocese formed by division therefrom, shall desire to be reunited into one Diocese, the proposed reunion must be initiated by the approval of the Conventions of the involved Dioceses of a joint agreement of union setting forth their agreements, including the manner of determining the Bishop Diocesan and other Bishops (if any), provisions of the Constitution and Canons of the new Diocese, and such other matters as may be necessary or proper. If the agreement of the Dioceses is made and the consents of their Conventions are given more than three months before the next meeting of the General Convention, the fact of the agreement and consents shall be certified by the Ecclesiastical Authority and the Secretary of the Convention of each involved Diocese to all the Bishops of the Church having jurisdiction and to the Standing Committees of all the Dioceses; and when the consents of a majority of such Bishops and of a majority of the Standing Committees to the proposed reunion shall have been received, the facts shall be similarly certified to the Secretary of the House of Deputies of the General Convention, and thereupon the reunion shall be considered complete. But if the agreement is made and the consents given within three months of the next meeting of the General Convention, the facts shall be certified instead to the Secretary of the House of Deputies, who shall lay them before the two Houses; and the reunion shall be deemed to be complete when it shall have been approved by a majority vote in the House of Bishops, and in the House of Deputies.

Sec. 7. When the union of two or more Dioceses or portions of Dioceses or the reunion of the two or more Dioceses shall have been completed, the facts shall be certified to the Presiding Bishop and to the Secretary of the House of Deputies. Thereupon the Presiding Bishop shall notify the Secretary of the House of Bishops of any alteration in the status or style of the Bishop or Bishops concerned, and the Secretary of the House of Deputies shall strike the name of any Diocese that will cease to exist or is being renamed from the roll of Dioceses in union with the General Convention and, if appropriate, amend the name of the newly united Diocese on the roll of Dioceses in union with the General Convention.