Dear Colleague: August 16, 2004

This letter concerns the registration requirements of religious charities in Massachusetts.

Like many of you, I have been approached by members of one of the parishes scheduled to be to be closed by the Archdiocese of Boston.  The members of St. Susanna in Dedham believe that the Archdiocese may be breaching a public trust owed to the parishioners who donated money to the Archdiocese specifically for the purpose of acquiring the church property and building the church itself in 1961.

In listening to their concerns, I became aware that Massachusetts law exempts all charities which are primarily religious in purpose from the basic registration required of other public charities.  Additionally, registration and filing requirements under the Charitable Funds Solicitation Act apply to basically all charitable organizations which raise money from the public, except churches and religious organizations and organizations raising less than $5,000 or receiving contributions from less than ten persons per year.  Thus, other charitable organizations, such as nonprofit and charitable hospitals, tax-exempt educational institutions, and public libraries are all subject to the requirements of the Act.       

The exemption for religious organizations does not seem to make sense, given the recent events with the Archdiocese, and particularly, the closure and potential sale of income generating assets.

Accordingly, my office has drafted legislation that would require religious organizations to comply with the same registration and filing requirements of other charities in Massachusetts.  It would also, for the first time, require all public charities to list each parcel of real property owned in Massachusetts as part of their annual financial report.  A copy has been enclosed for your review.  

Given the fact that these organizations must already apply annually for a local property tax exemption, it is sound public policy for any donor to the charity and the public to know what realty is owned, along with other financial information.  We are unaware of any responsible reason as to why this information should not be made public. 

We hope to file the same on behalf of my constituents shortly, and we would welcome your co-sponsorship.  If you would like to sign on, please contact either Andrew or David in my office by Friday, August 20. 

Thank you for your attention to this matter, and I look forward to hearing from you.

Sincerely,
MARIAN WALSH
State Senator