WES MOORE, Governor Ch. 862
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Chapter 862
(Senate Bill 429)
AN ACT concerning
Corporations and Associations – Protestant Episcopal Church, Diocese of
Washington and Study of Property Held in Trust by the United Methodist
Church
FOR the purpose of repealing uncodified provisions of law relating to the Protestant
Episcopal Church, Diocese of Washington, commonly known as the “Vestry Act”;
providing for the governance of religious corporations in union with the Protestant
Episcopal Church, Diocese of Washington; requiring the State Department of
Assessments and Taxation to report on the impact of repealing certain sections of
the Corporations and Associations Article; and generally relating to the Protestant
Episcopal Church, Diocese of Washington and a study of property held in trust by
the United Methodist Church.
BY repealing and reenacting, without amendments,
Article – Corporations and Associations
Section 5–301(a)
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Corporations and Associations
Section 5–301(e)
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY adding to
Article – Corporations and Associations
Section 5–341 and 5–342 to be under the new part “Part VII. Protestant Episcopal
Church, Diocese of Washington”
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY repealing
Chapter 96 of the Acts of the General Assembly of 1976
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Corporations and Associations
5–301. Ch. 862 2024 LAWS OF MARYLAND
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(a) In this part the following words have the meanings indicated.
(e) “Trustees” means:
(1) As to a religious corporation subject to Part II of this subtitle, the
corporators appointed or elected as provided in that part; and
(2) As to a religious corporation subject to Part V [or], Part VI, OR PART
VII of this subtitle, the members of the vestry.
5–339. RESERVED.
5–340. RESERVED.
PART VII. PROTESTANT EPISCOPAL CHURCH, DIOCESE OF WASHINGTON.
5–341.
(A) THIS PART APPLIES TO EVERY RELIGIOUS CORP ORATION FORMED IN
THIS STATE BY A PARISH OR SEPARATE CONGREGATION THAT IS IN UNION WITH OR
INTENDING TO APPLY F OR UNION WITH THE CO NVENTION OF THE PROTESTANT
EPISCOPAL CHURCH IN THE DIOCESE OF WASHINGTON, AS CREATED BY THE ACT
OF CONGRESS APPROVED MARCH 16, 1896 (29 STAT. 58).
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
OR OTHERWISE IN THIS PART:
(I) PART I OF THIS SUBTITLE APP LIES TO AND REGULATE S THE
CORPORATE AND TEMPOR AL AFFAIRS OF EVERY RELIGIOUS CORPORATIO N
DESCRIBED IN SUBSECT ION (A) OF THIS SECTION , INCLUDING THOSE
INCORPORATED UNDER CHAPTER 24 OF THE ACTS OF THE GENERAL ASSEMBLY OF
1798, UNDER CHAPTER 96 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1976, OR
BY SPECIAL ACT OF THE GENERAL ASSEMBLY; AND
(II) TO THE EXTENT NOT PRO HIBITED BY THE CONSTITUTION
OF THE UNITED STATES OR OF THIS STATE, THE CHARTER OF EACH OF THEM IS
DEEMED TO BE AMENDED TO CONFORM TO THIS S UBTITLE UNTIL THE CH ARTER
OTHERWISE IS AMENDED BY THE PARISH OR SEP ARATE CONGREGATION A S
PROVIDED IN PART I OF THIS SUBTITLE.
(2) AS TO ANY PARIS H OR SEPARATE CONGRE GATION THAT WAS
INCORPORATED BEFORE THE EFFECTIVE DATE O F THE MARYLAND CONSTITUTION
OF 1851 AND THEREFORE HAS AN IRREPEALABLE CHARTER , UNLESS THAT PARISH WES MOORE, Governor Ch. 862
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OR SEPARATE CONGREGA TION ACCEPTS , USES, ENJOYS, OR IN ANY WAY AVAILS
ITSELF OF ANY RIGHT, PRIVILEGE, OR ADVANTAGE GRANTED OR CONFERRED BY
ANY STATUTE ENACTED AFTER NOVEMBER 3, 1891:
(I) PART I OF THIS SUBTITLE DOE S NOT APPLY TO THE P ARISH
OR SEPARATE CONGREGA TION; AND
(II) THE PARISH OR SEPARAT E CONGREGATION CONTI NUES TO
BE GOVERNED BY THE STAT UTE UNDER WHICH IT W AS INCORPORATED .
5–342.
(A) (1) EACH RELIGIOUS CORPOR ATION SUBJECT TO THI S PART SHALL
ADOPT BYLAWS TO GOVE RN ITS CORPORATE AND TEMPORAL AFFAIRS .
(2) BYLAWS MAY BE ADOPTED BY A MAJORITY OF THE QUALIFIED
VOTERS VOTING AT A REGULAR O R SPECIAL CONGREGATI ONAL MEETING CALLED
FOR THAT PURPOSE .
(B) EACH RELIGIOUS CORPOR ATION SUBJECT TO THI S PART IS SUBJECT AT
ALL TIMES TO THE CON STITUTION AND CANONS OF THE CONVENTION OF THE
PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF WASHINGTON AND OF THE
PROTESTANT EPISCOPAL CHURCH IN THE UNITED STATES OF AMERICA.
SECTION 2. AND BE IT FURTHER ENACTED, That Chapter 96 of the Acts of the
General Assembly of 1976 be repealed.
SECTION 3. AND BE IT FURTHER ENACTED, That since the ve stries previously
incorporated under the provisions of the original Vestry Act have not been required to file
and record a certificate of incorporation, and the vestries of any separate congregation, after
union with the convention of the Protestant Episcopal Church in the Diocese of
Washington, have not been required to file and record a supplemental certificate signifying
that union, the State Department of Assessments and Taxation, or its successor
administrative body, may file and record a certificate, similar in every respect to the
certificate required by § 5–304(b) of the Corporations and Associations Article, on the
request of:
(1) any parish or separate congregation offering its own certificate for
record; or
(2) the convention of the Protestant Episcopal Church in the Diocese of
Washington on behalf of any parish or separate congregation that neglects or declines for
any reason to offer its own certificate for record, in which event the certificate may be made
and signed by the secretary of the convention instead of the vestry of the parish or separate
congregation. Ch. 862 2024 LAWS OF MARYLAND
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SECTION 4. AND BE IT FURTHER ENACTED, That the legal existence of the
following parishes and separate congregations in union with the Convention of the
Protestant Episcopal Church in the Diocese of Washington as bodies corporate is recognized
and acknowledged for all purposes:
(1) in Mongomery County, Maryland: The Vestry of Ascension Parish, The
Vestry of Chevy Chase Parish, The Vestry of Christ Church Parish, The Vestry of Church
of Our Saviour, The Vestry of Good Shepherd Parish, The Vestry of Norwood Parish, The
Vestry of Potomac Parish, The Vestry of Prince George’s Parish, The Vestry of Redeemer
Parish, The Vestry of Silver Spring Parish, The Vestry of Sligo Parish, The Vestry of St.
Anne’s Parish, The Vestry of St. Bartholomew’s Parish, The Vestry of St. Dunstan’s Parish,
The Vestry of St. James’ Parish, The Vestry of St. John’s Church, The Vestry of St. Luke’s
Church, The Vestry of St. Mark’s Parish, The Vestry of St. Nicholas’ Parish, The Vestry of
St. Peter’s Parish, The Vestry of Transfiguration Parish, The Vestry of Trinity Parish, and
The Vestry of Wheaton Parish;
(2) in Prince George’s County, Maryland: The Vestry of Adelphi Parish,
The Vestry of Baden Parish, The Vestry of Clinton Parish, The Vestry of Epiphany Parish,
The Vestry of Glenn Dale Parish, The Vestry of Holy Trinity Parish, The Vestry of King
George’s Parish, The Vestry of Queen Anne Parish, The Vestry of St. Andrew’s Parish, The
Vestry of St. Barnabas’ Parish, The Vestry of St. Christopher’s Parish, The Vestry of St.
John’s Parish, The Vestry of St. Matthew’s Parish, The Vestry of St. Paul’s Parish, The
Vestry of St. Philip’s Parish, The Vestry of St. Thomas’ Parish, and The Vestry of Zion
Parish;
(3) in Charles County, Maryland: The Vestry of Durham Parish, The
Vestry of Piney Parish, The Vestry of Port Tobacco Parish, The Vestry of St. James’ Parish,
The Vestry of Trinity Parish, and The Vestry of William and Mary Parish; and
(4) in St. Mary’s County, Maryland: The Vestry of All Faith Parish, The
Vestry of All Saints’ Parish, The Vestry of King and Queen Parish, The Vestry of
Resurrection Parish, The Vestry of St. Andrew’s Parish, and The Vestry of St. Mary’s
Parish.
SECTION 5. AND BE IT FURTH ER ENACTED, That the bodies corporate named
in Section 4 of this Act shall be deemed properly incorporated and all persons, entities, and
instrumentalities, including the courts of this State and units of State government, shall
be estopped from denying the legal existence of those bodies corporate.
SECTION 6. AND BE IT FURTHER ENACTED, That this Act does not prohibit the
future dissolution or merger of the bodies corporate named in Section 4 of this Act pursuant
to the constitution and canons of the Convention of the Protestant Episcopal Church in the
Diocese of Washington and the applicable provisions of the laws of this State.
WES MOORE, Governor Ch. 862
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SECTION 7. AND BE IT FURTHER ENACTED, That, on or before December 31,
2024, the State Department of Assessments and Taxation shall report to the General
Assembly, in accordance with § 2–1257 of the State Government Article, on the impact of
repealing:
(1) the requirement in § 5–326 of the Corporations and Associations Article
that certain assets owned by any Methodist Church be held by the trustees of the church
in trust for the United Methodist Church; and
(2) the restrictions in § 5–327 of the Corporations and Associations Article
on a deed or conveyance executed before June 1, 1953, that does not include a trust clause.
SECTION 7. 8. 7. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2024.
Approved by the Governor, May 16, 2024.