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<article heading="Article V. Lobbying Disclosure.">
  <section heading="Sec. 19A-21. Who must register as a lobbyist; exceptions.">
    <paragraph indent="1">(a)   Any individual or organization must register as a lobbyist under this Article if, during a year, that individual or organization:</paragraph>
    <paragraph indent="2">(1)   communicates with a public employee to influence legislative action by a County agency, and for that purpose either:</paragraph>
    <paragraph indent="3">(A)   spends more than $500, or</paragraph>
    <paragraph indent="3">(B)   receives compensation, including a pro-rated part of a salary or fee for services, totaling more than $500; or</paragraph>
    <paragraph indent="2">(2)   communicates with a public employee to influence executive or administrative action by a County agency, and for that purpose spends a total of more than $500 for:</paragraph>
    <paragraph indent="3">(A)   meals and beverages;</paragraph>
    <paragraph indent="3">(B)   transportation;</paragraph>
    <paragraph indent="3">(C)   lodging;</paragraph>
    <paragraph indent="3">(D)   provision of any service;</paragraph>
    <paragraph indent="3">(E)   one or more special events; and</paragraph>
    <paragraph indent="3">(F)   one or more gifts.</paragraph>
    <paragraph indent="1">(b)   In this Article, legislative action does not include any matter covered by subsection 19A- 15(b).</paragraph>
    <paragraph indent="1">(c)   This Article does not apply to:</paragraph>
    <paragraph indent="2">(1)   drafting bills or advising clients about proposed or pending legislation without any other attempt to influence the legislative process;</paragraph>
    <paragraph indent="2">(2)   communicating with a County agency when requested by the agency, without engaging in any other activity to influence legislative, administrative, or executive action on the subject of the communication;</paragraph>
    <paragraph indent="2">(3)   communicating with a County agency as an official act of an official or employee of the state, a political subdivision of the state, or the United States, and not on behalf of any other person or business;</paragraph>
    <paragraph indent="2">(4)   actions of a publisher or working journalist in the ordinary course of disseminating news or making editorial comment to the general public, without engaging in other lobbying that would directly and specifically benefit the economic interests of a specific person or business;</paragraph>
    <paragraph indent="2">(5)   appearing before a County agency at the request of a lobbyist if the witness:</paragraph>
    <paragraph indent="3">(A)   takes no other action to influence legislative, administrative, or executive action; and</paragraph>
    <paragraph indent="3">(B)   identifies himself or herself as testifying at the request of the lobbyist;</paragraph>
    <paragraph indent="2">(6)   communicating on behalf of a religious organization for the sole purpose of protecting the right of its members to practice the doctrine of the organization;</paragraph>
    <paragraph indent="2">(7)   communicating as an official duty of an officer, director, member, or employee of an organization engaged exclusively in lobbying for counties or municipalities, and not on behalf of any other person or business;</paragraph>
    <paragraph indent="2">(8)   an action of any person representing an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if:</paragraph>
    <paragraph indent="3">(A)   the action promotes the exempt purposes of the organization; and</paragraph>
    <paragraph indent="3">(B)   the organization gave gifts totaling less than $500 to public employees in a year; and</paragraph>
    <paragraph indent="3">(C)   the representative is paid or spends less than $1,000 in a year to influence executive, administrative, and legislative action.</paragraph>
    <paragraph indent="1">(d)   An individual or organization is exempt from the reporting requirements of this Article if the individual or organization:</paragraph>
    <paragraph indent="2">(1)   compensates one or more lobbyists;</paragraph>
    <paragraph indent="2">(2)   reasonably believes that each lobbyist will timely register and report all expenditures required to be reported; and</paragraph>
    <paragraph indent="2">(3)   engages in no other lobbying.</paragraph>
    <paragraph indent="1">If a lobbyist fails to report timely any information required under this Article, the lobbyist's employer is immediately subject to the reporting requirements of this Article.</paragraph>
  </section>
  <section heading="Sec. 19A-22. Certification of authority.">
    <paragraph indent="1">(a)   Certification.  Each lobbyist required to register under this Article must certify under oath or affirmation that the lobbyist is authorized to lobby for the individual or organization who hired the lobbyist.</paragraph>
    <paragraph indent="1">(b)   Contents of certification.  The written certification must include:</paragraph>
    <paragraph indent="2">(1)   the full legal name and business address of the individual or organization;</paragraph>
    <paragraph indent="2">(2)   for an individual, the full name and contact information for the individual;</paragraph>
    <paragraph indent="2">(3)   for an organization, the name, contact information, and official title of the representative of the organization who authorized the hiring of the lobbyist;</paragraph>
    <paragraph indent="2">(4)   the full legal name and business address of the regulated lobbyist;</paragraph>
    <paragraph indent="2">(5)   the period during which the regulated lobbyist is authorized to act; and</paragraph>
    <paragraph indent="2">(6)   the proposal or subject on which the regulated lobbyist represents the individual or organization.</paragraph>
    <paragraph indent="1">Section 19A-22(b) and Chapter 19A are cited in 120 West Fayette Street, LLLP v. Mayor and City Council of Baltimore, 426 Md. 14, 43 A.3d 355 (2012).</paragraph>
  </section>
  <section heading="Sec. 19A-23. How and when to register as a lobbyist.">
    <paragraph indent="1">(a)   Every person required to register with the Commission under Section 19A-21 must disclose the following information on a form provided by the Commission:</paragraph>
    <paragraph indent="2">(1)   the lobbyist’s name and permanent address;</paragraph>
    <paragraph indent="2">(2)   the name and permanent address of any person who will lobby on behalf of the lobbyist;</paragraph>
    <paragraph indent="2">(3)   the name, address, and nature of business of any person who compensates the lobbyist; and</paragraph>
    <paragraph indent="2">(4)   the identification, by formal designation if known, of each matter on which the lobbyist expects to lobby or employs someone to lobby.</paragraph>
    <paragraph indent="1">(b)   This form must be filed not later than 5 days after an individual or organization first meets the requirements for registration under this Article.</paragraph>
    <paragraph indent="1">(c)   A lobbyist must register separately for each employer.</paragraph>
    <paragraph indent="1">(d)   Each lobbyist may file a notice of termination within 30 days after:</paragraph>
    <paragraph indent="2">(1)   stopping any lobbying activity; and</paragraph>
    <paragraph indent="2">(2)   filing the reports required under this Article.</paragraph>
    <paragraph indent="1">(e)   The Commission may charge each lobbyist a reasonable annual registration fee in an amount set by an Executive regulation adopted under method (2).  The revenue to be raised by the fee must not exceed the cost of administering this Article.</paragraph>
  </section>
  <section heading="Sec. 19A-24. Compensation must not be contingent.">
    <paragraph indent="1">A person must not pay another person compensation that depends on or varies with the success or defeat of any legislative, administrative, or executive action by a County agency.</paragraph>
  </section>
  <section heading="Sec. 19A-25. Reports by lobbyist to the Commission.">
    <paragraph indent="1">(a)   Each registered lobbyist must file with the Commission, under oath:</paragraph>
    <paragraph indent="2">(1)   a report covering the period from January 1 through June 30, filed by July 31; and</paragraph>
    <paragraph indent="2">(2)   a report covering the period from July 1 through December 31, filed by January 31.</paragraph>
    <paragraph indent="1">(b)   If the lobbyist is not an individual, an authorized officer or agent of the lobbyist must sign the form. Each lobbyist must file a separate report for each individual or organization that compensates the lobbyist.</paragraph>
    <paragraph indent="1">(c)   Each report must include:</paragraph>
    <paragraph indent="2">(1)   a complete and current statement of the information required under Section 19A- 23;</paragraph>
    <paragraph indent="2">(2)   total expenditures on lobbying in each of the following categories:</paragraph>
    <paragraph indent="3">(A)   office expenses;</paragraph>
    <paragraph indent="3">(B)   professional and technical research and assistance;</paragraph>
    <paragraph indent="3">(C)   publications that expressly encourage persons to communicate with public employees;</paragraph>
    <paragraph indent="3">(D)   names of witnesses and the fees and expenses paid to each;</paragraph>
    <paragraph indent="3">(E)   meals and beverages for public employees or their immediate families;</paragraph>
    <paragraph indent="3">(F)   special events, including parties, dinners, athletic events, entertainment, and other functions, to which all members of the Council or the governing body of an agency are invited;</paragraph>
    <paragraph indent="3">(G)   expenses for food, lodging, and scheduled entertainment of public employees given in return for participation in a panel or speaking engagement at a meeting;</paragraph>
    <paragraph indent="3">(H)   other gifts to or for public employees or their immediate families; and</paragraph>
    <paragraph indent="3">(I)   other expenses;</paragraph>
    <paragraph indent="2">(3)   total compensation paid to the lobbyist. If lobbying is only part of the person's employment, compensation means a prorated amount based on the time spent on lobbying compared to the time spent on other employment activities. A prorated amount must be labeled as such; and</paragraph>
    <paragraph indent="2">(4)   the name of each public employee or relative who receives, directly or indirectly, a gift given by a lobbyist or any person acting on behalf of a lobbyist,  if the gifts have a total value of at least $50 during the year. The lobbyist must list each gift by the date given, the beneficiary, the amount or value, and the nature of the gift.</paragraph>
    <paragraph indent="1">(d)   Expenses reported in subparagraphs (c)(2)(F) and (G) need not be allocated to individual public employees. However, the lobbyist must specify the date, location, total expenses incurred, and the names of the employees who attended each event.</paragraph>
    <paragraph indent="1">(e)   The Commission may require any lobbyist to submit additional reports or information to fulfill the purposes of this Chapter.</paragraph>
  </section>
  <section heading="Sec. 19A-26. Public inspection of lobbyist registration documents.">
    <paragraph indent="1">(a)   The Commission must maintain all required documents under this Article and make them available to the public for inspection and copying. The Commission may establish procedures and charge reasonable fees.</paragraph>
    <paragraph indent="1">(b)   By September 30 and March 31 each year, the Commission must compute and make available to the public:</paragraph>
    <paragraph indent="2">(1)   a subtotal under each category in paragraph 19A-25(c)(2) for each lobbyist;</paragraph>
    <paragraph indent="2">(2)   a subtotal representing the combined total of subparagraphs 19A-25(c)(2)(E), (F), and (G), for each lobbyist; and</paragraph>
    <paragraph indent="2">(3)   the total amount reported by each lobbyist for lobbying activities during the year.</paragraph>
    <paragraph indent="1">(c)   If any report filed with the Commission contains the name of a public employee or relative as required under paragraph 19A-25(c)(4), the Commission must notify the public employee within 30 days after the report is filed.</paragraph>
    <paragraph indent="1">(d)   After being notified that a public employee's or relative's name appears in a report, the public employee may, within 30 days after receiving the Commission's notice, file a written exception to the inclusion of the name. The Commission must include the exception in its files.</paragraph>
  </section>
</article>