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§ 5-704. Registration with Ethics Commission

West's Annotated Code of MarylandGeneral ProvisionsEffective: July 1, 2019

West's Annotated Code of Maryland
General Provisions (Refs & Annos)
Title 5. Maryland Public Ethics Law (Refs & Annos)
Subtitle 7. Lobbying (Refs & Annos)
Effective: July 1, 2019
MD Code, General Provisions, § 5-704
Formerly cited as MD CODE, SG, § 15-703
§ 5-704. Registration with Ethics Commission
Registration required
(a)(1) At the times specified in subsection (d) of this section, each regulated lobbyist shall register with the Ethics Commission as provided in subsection (g) of this section.
(2) A regulated lobbyist shall register separately for each entity that has engaged the regulated lobbyist for lobbying purposes.
Contents of registration
(b) Each registration form shall include the following information, if applicable:
(1) the regulated lobbyist's name and permanent address;
(2) the name and permanent address of any other regulated lobbyist that will be lobbying on the regulated lobbyist's behalf;
(3) the name, address, and nature of business of any entity that has engaged the regulated lobbyist for lobbying purposes, accompanied by a statement indicating whether, because of the filing and reporting of the regulated lobbyist, the compensating entity is exempt under § 5-702(c) of this subtitle; and
(4) the identification, by formal designation if known, of the matters on which the regulated lobbyist expects to perform acts, or to engage another regulated lobbyist to perform acts, that require registration under this subtitle.
Certification
(c) Each registration shall include the certification required by § 5-703 of this subtitle.
Deadline for registration
(d)(1) A regulated lobbyist who is not currently registered shall register within 5 days after first performing an act that requires registration under this subtitle.
(2) A regulated lobbyist shall file a new registration form on or before November 1 of each year if, on that date, the regulated lobbyist is engaged in lobbying.
Fee
(e)(1) Each registration form shall be accompanied by a fee of $100.
(2) The fee shall be credited to the Lobbyist Registration Fund established under § 5-210 of this title.
Termination of registration
(f)(1) Except as provided in paragraph (2) of this subsection, each registration shall terminate on the earlier of:
(i) the October 31 following the filing of the registration; or
(ii) an earlier termination date specified in the certification filed with respect to that registration under § 5-703 of this subtitle.
(2) A regulated lobbyist may terminate the registration before the date specified in paragraph (1) of this subsection by:
(i) ceasing all activity that requires registration; and
(ii) after ceasing activity in accordance with item (i) of this paragraph:
1. filing a notice of termination with the Ethics Commission; and
2. filing all reports required by this subtitle within 30 days after the filing of the notice of termination.
(3)(i) Subject to subparagraphs (ii) and (iii) of this paragraph, if a regulated lobbyist is or becomes subject to regulation under this title as an official or employee, the regulated lobbyist shall immediately terminate the registration in accordance with paragraph (2) of this subsection.
(ii) The Ethics Commission shall adopt regulations establishing criteria under which a regulated lobbyist may serve on a State board or commission.
(iii) The regulations adopted under subparagraph (ii) of this paragraph shall:
1. establish a classification of State boards or commissions on which regulated lobbyists may serve;
2. at a minimum authorize a regulated lobbyist to serve as an appointed member of an advisory governmental body of limited duration;
3. as to a regulated lobbyist who serves on a State board or commission, establish disclosure requirements that are substantially similar to disclosure requirements under § 5-514 of this title; and
4. require a regulated lobbyist who serves on a board or commission and is disqualified from participating in a specific matter because of a conflict of interest to file a statement of recusal with the board or commission describing the circumstances of the conflict which shall be recorded in the minutes of the meeting.
Electronic filing of registration
(g)(1) An individual shall file a registration under this section electronically and without additional cost to the individual who files the registration.
(2) A registration filed electronically under paragraph (1) of this subsection shall include the oath and affirmation required under § 5-703 of this subtitle made by an electronic signature that:
(i) is a part of the registration form or attached to and made part of the registration form; and
(ii) is made expressly under the penalties for perjury.
(3) An oath or affirmation signed electronically under paragraph (2) of this subsection subjects the individual making the oath or affirmation to the penalties for perjury to the same extent as an oath or affirmation made by an individual in person before an individual authorized to administer oaths.

Credits

Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2014, c. 19, § 1, eff. Oct. 1, 2014; Acts 2014, c. 94, § 11; Acts 2017, c. 31, § 1, eff. Oct. 1, 2017; Acts 2019, c. 149, § 1, eff. July 1, 2019.
MD Code, General Provisions, § 5-704, MD GEN PROVIS § 5-704
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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