EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0429*
SENATE BILL 429
C1 (4lr0885)
ENROLLED BILL
— Judicial Proceedings/Economic Matters —
Introduced by Senator Bailey
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Corporations and Associations – Protestant Episcopal Church, Diocese of 2
Washington and Study of Property Held in Trust by the United Methodist 3
Church 4
FOR the purpose of repealing uncodified provisions of law relating to the Protestant 5
Episcopal Church, Diocese of Washington, commonly known as the “Vestry Act”; 6
providing for the governance of religious corporations in union with the Protestant 7
Episcopal Church, Diocese of Washington; requiring the State Department of 8
Assessments and Taxation to report on the impact of repealing certain sections of 9
the Corporations and Associations Article; and generally relating to the Protestant 10
Episcopal Church, Diocese of Washington and a study of property held in trust by 11
the United Methodist Church. 12
BY repealing and reenacting, without amendments, 13
Article – Corporations and Associations 14 2 SENATE BILL 429
Section 5–301(a) 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2023 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Corporations and Associations 5
Section 5–301(e) 6
Annotated Code of Maryland 7
(2014 Replacement Volume and 2023 Supplement) 8
BY adding to 9
Article – Corporations and Associations 10
Section 5–341 and 5–342 to be under the new part “Part VII. Protestant Episcopal 11
Church, Diocese of Washington” 12
Annotated Code of Maryland 13
(2014 Replacement Volume and 2023 Supplement) 14
BY repealing 15
Chapter 96 of the Acts of the General Assembly of 1976 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Corporations and Associations 19
5–301. 20
(a) In this part the following words have the meanings indicated. 21
(e) “Trustees” means: 22
(1) As to a religious corporation subject to Part II of this subtitle, the 23
corporators appointed or elected as provided in that part; and 24
(2) As to a religious corporation subject to Part V [or], Part VI, OR PART 25
VII of this subtitle, the members of the vestry. 26
5–339. RESERVED. 27
5–340. RESERVED. 28
PART VII. PROTESTANT EPISCOPAL CHURCH, DIOCESE OF WASHINGTON. 29
5–341. 30
SENATE BILL 429 3
(A) THIS PART APPLIES TO EVERY RELIGIOUS CORP ORATION FORMED IN 1
THIS STATE BY A PARISH OR SEPARATE CONGREGATIO N THAT IS IN UNION W ITH OR 2
INTENDING TO APPLY FOR UNION WITH THE CONVENTION OF TH E PROTESTANT 3
EPISCOPAL CHURCH IN THE DIOCESE OF WASHINGTON, AS CREATED BY THE ACT 4
OF CONGRESS APPROVED MARCH 16, 1896 (29 STAT. 58). 5
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 6
OR OTHERWISE IN THIS PART: 7
(I) PART I OF THIS SUBTITLE APP LIES TO AND REGULATE S THE 8
CORPORATE AND TEMPOR AL AFFAIRS OF EVERY RELIGIOUS CORPORATIO N 9
DESCRIBED IN SUBSECT ION (A) OF THIS SECTION , INCLUDING THOSE 10
INCORPORATED UNDER CHAPTER 24 OF THE ACTS OF THE GENERAL ASSEMBLY OF 11
1798, UNDER CHAPTER 96 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1976, OR 12
BY SPECIAL ACT OF THE GENERAL ASSEMBLY; AND 13
(II) TO THE EXTENT NOT PRO HIBITED BY THE CONSTITUTION 14
OF THE UNITED STATES OR OF THIS STATE, THE CHARTER OF EACH OF THEM IS 15
DEEMED TO BE AMENDED TO C ONFORM TO THIS SUBTI TLE UNTIL THE CHARTE R 16
OTHERWISE IS AMENDED BY THE PARISH OR SEP ARATE CONGREGATION A S 17
PROVIDED IN PART I OF THIS SUBTITLE. 18
(2) AS TO ANY PARISH OR S EPARATE CONGREGATION THAT WAS 19
INCORPORATED BEFORE THE EFFECTIVE DA TE OF THE MARYLAND CONSTITUTION 20
OF 1851 AND THEREFORE HAS AN IRREPEALABLE CHARTER , UNLESS THAT PARISH 21
OR SEPARATE CONGREGA TION ACCEPTS , USES, ENJOYS, OR IN ANY WAY AVAILS 22
ITSELF OF ANY RIGHT , PRIVILEGE, OR ADVANTAGE GRANTED OR CONFERRED BY 23
ANY STATUTE ENAC TED AFTER NOVEMBER 3, 1891: 24
(I) PART I OF THIS SUBTITLE DOE S NOT APPLY TO THE P ARISH 25
OR SEPARATE CONGREGA TION; AND 26
(II) THE PARISH OR SEPARAT E CONGREGATION CONTI NUES TO 27
BE GOVERNED BY THE S TATUTE UNDER WHICH I T WAS INCORPORATED . 28
5–342. 29
(A) (1) EACH RELIGIOUS CORPOR ATION SUBJECT TO THI S PART SHALL 30
ADOPT BYLAWS TO GOVE RN ITS CORPORATE AND TEMPORAL AFFAIRS . 31
(2) BYLAWS MAY BE ADOPTED BY A MAJORITY OF THE QUALIFIED 32
VOTERS VOTING AT A R EGULAR OR SPECIAL CO NGREGATIONAL MEETING CALLED 33
FOR THAT PURPOSE. 34
4 SENATE BILL 429
(B) EACH RELIGIOUS CORPOR ATION SUBJECT TO THI S PART IS SUBJECT AT 1
ALL TIMES TO THE CON STITUTION AND CANONS OF THE CONVENTION OF THE 2
PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF WASHINGTON AND OF THE 3
PROTESTANT EPISCOPAL CHURCH IN THE UNITED STATES OF AMERICA. 4
SECTION 2. AND BE IT FURTHER ENACTED, That Chapter 96 of the Acts of the 5
General Assembly of 1976 be repealed. 6
SECTION 3. AND BE IT FURTHER ENACTED, That since the vestries previously 7
incorporated under the provisions of the original Vestry Act have not been required to file 8
and record a certificate of incorporation, and the vestries of any separate congregation, after 9
union with the convention of the Protestant Episcopal Church in the Diocese of 10
Washington, have not been required to file and record a supplemental certificate signifying 11
that union, the State Department of Assessments and Taxation, or its successor 12
administrative body, may file and record a certificate, similar in every respect to the 13
certificate required by § 5–304(b) of the Corporations and Associations Article, on the 14
request of: 15
(1) any parish or separate congregation offering its own certificate for 16
record; or 17
(2) the convention of the Protestant Episcopal Church in the Diocese of 18
Washington on behalf of any parish or separate congregation that neglects or declines for 19
any reason to offer its own certificate for record, in which event the certificate may be made 20
and signed by the secretary of the convention instead of the vestry of the parish or separate 21
congregation. 22
SECTION 4. AND BE IT FURTHER ENACTED, That the legal existence of the 23
following parishes and separate congregations in union with the Convention of the 24
Protestant Episcopal Church in the Diocese of Washington as bodies corporate is recognized 25
and acknowledged for all purposes: 26
(1) in Mongomery County, Maryland: The Vestry of Ascension Parish, The 27
Vestry of Chevy Chase Parish, The Vestry of Christ Church Parish, The Vestry of Church 28
of Our Saviour, The Vestry of Good Shepherd Parish, The Vestry of Norwood Parish, The 29
Vestry of Potomac Parish, The Vestry of Prince George’s Parish, The Vestry of Redeemer 30
Parish, The Vestry of Silver Spring Parish, The Vestry of Sligo Parish, The Vestry of St. 31
Anne’s Parish, The Vestry of St. Bartholomew’s Parish, The Vestry of St. Dunstan’s Parish, 32
The Vestry of St. James’ Parish, The Vestry of St. John’s Church, The Vestry of St. Luke’s 33
Church, The Vestry of St. Mark’s Parish, The Vestry of St. Nicholas’ Parish, The Vestry of 34
St. Peter’s Parish, The Vestry of Transfiguration Parish, The Vestry of Trinity Parish, and 35
The Vestry of Wheaton Parish; 36
(2) in Prince George’s County, Maryland: The Vestry of Adelphi Parish, 37
The Vestry of Baden Parish, The Vestry of Clinton Parish, The Vestry of Epiphany Parish, 38
The Vestry of Glenn Dale Parish, The Vestry of Holy Trinity Parish, The Vestry of King 39 SENATE BILL 429 5
George’s Parish, The Vestry of Queen Anne Parish, The Vestry of St. Andrew’s Parish, The 1
Vestry of St. Barnabas’ Parish, The Vestry of St. Christopher’s Parish, The Vestry of St. 2
John’s Parish, The Vestry of St. Matthew’s Parish, The Vestry of St. Paul’s Parish, The 3
Vestry of St. Philip’s Parish, The Vestry of St. Thomas’ Parish, and The Vestry of Zion 4
Parish; 5
(3) in Charles County, Maryland: The Vestry of Durham Parish, The 6
Vestry of Piney Parish, The Vestry of Port Tobacco Parish, The Vestry of St. James’ Parish, 7
The Vestry of Trinity Parish, and The Vestry of William and Mary Parish; and 8
(4) in St. Mary’s County, Maryland: The Vestry of All Faith Parish, The 9
Vestry of All Saints’ Parish, The Vestry of King and Queen Parish, The Vestry of 10
Resurrection Parish, The Vestry of St. Andrew’s Parish, and The Vestry of St. Mary’s 11
Parish. 12
SECTION 5. AND BE IT FURTHER ENACTED, That the bodies corporate named 13
in Section 4 of this Act shall be deemed properly incorporated and all persons, entities, and 14
instrumentalities, including the courts of this State and units of State government, shall 15
be estopped from denying the legal existence of those bodies corporate. 16
SECTION 6. AND BE IT FURTHER ENACTED, That this Act does not prohibit the 17
future dissolution or merger of the bodies corporate named in Section 4 of this Act pursuant 18
to the constitution and canons of the Convention of the Protestant Episcopal Church in the 19
Diocese of Washington and the applicable provisions of the laws of this State. 20
SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31, 21
2024, the State Department of Assessments and Taxation shall report to the General 22
Assembly, in accordance with § 2–1257 of the State Government Article, on the impact of 23
repealing: 24
(1) the requirement in § 5–326 of the Corporations and Associations Article 25
that certain assets owned by any Methodist Church be held by the trustees of the church 26
in trust for the United Methodist Church; and 27
(2) the restrictions in § 5–327 of the Corporations and Associations Article 28
on a deed or conveyance executed before June 1, 1953, that does not include a trust clause. 29
SECTION 7. 8. 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
July 1, 2024. 31