There is a State Ethics Commission.

The Ethics Commission consists of five members. The Governor shall appoint: with the advice and consent of the Senate, three members, at least one of whom shall be a member of the principal political party of which the Governor is not a member; one member nominated by the President of the Senate; and one member nominated by the Speaker of the House. The Governor may reject a nominee of the President or of the Speaker only for cause. If the Governor rejects a nominee under paragraph (3) of this subsection, the appropriate presiding officer shall nominate another individual. A vacancy shall be filled in a manner consistent with this subsection. A member of the Ethics Commission may not: hold elected or appointed office in, be an employee of, or be a candidate for office in: the federal government; the State government; a municipal corporation, county, or multicounty agency of the State; or a political party; or be a regulated lobbyist. Before taking office, each appointee to the Ethics Commission shall take the oath required by Article I, § 9 of the Maryland Constitution. The term of a member is 5 years. The terms of members are staggered as required by the terms in effect for members of the Ethics Commission on October 1, 2013. A member may serve no more than two consecutive 5–year terms. A member who is appointed after a term has begun serves for the rest of the term. At the end of a term, a member may continue to serve until a successor is appointed and qualifies. The Governor may remove a member for: neglect of duty; misconduct in office; a disability that makes the member unable to discharge the powers and duties of office; or a violation of this title. Before removing a member, the Governor shall give the member: written notice of the charges; and an opportunity to answer the charges.

The Ethics Commission shall elect a chair from among its members. The term of the chair is 1 year. The chair may be reelected.

A majority of the authorized membership of the Ethics Commission is a quorum. The Ethics Commission may act only on the affirmative vote of at least a majority of its authorized membership. The Ethics Commission shall meet at the call of the chair or a majority of the members then serving. Each member of the Ethics Commission is entitled to: compensation in accordance with the State budget; and reimbursement for reasonable and necessary expenses incurred in the discharge of official duties. The Ethics Commission shall: appoint to serve at its pleasure: an executive director; a general counsel; and a staff counsel; and have other staff, including such counsel as may be required to advise persons who are subject to the jurisdiction of the Ethics Commission, in accordance with the State budget. The general counsel and the staff counsel of the Ethics Commission shall be individuals admitted to practice law in the State. The Ethics Commission may ask the Attorney General or Comptroller for professional assistance to assist in the performance of the Commission’s functions.

The Ethics Commission shall: administer the provisions of this title, except as otherwise expressly provided in this title; create and provide forms for each document required by this title; retain as a public record each document filed with the Commission for at least 4 years after receipt; review periodically the adequacy of public ethics laws; review each statement and report filed in accordance with Subtitle 6 or Subtitle 7 of this title; and notify officials and employees submitting documents under Subtitle 6 of this title of any omissions or deficiencies; and publish and make available to persons subject to this title, and to the public, information that explains the provisions of this title, the duties imposed by it, and the means for enforcing it. The Ethics Commission shall adopt by regulation model provisions for local governments and school boards on: conflicts of interest; financial disclosure; and regulation of lobbying. Model provisions adopted under paragraph (1) of this subsection may be: adopted by any local jurisdiction or school board; or imposed on a local jurisdiction or school board in accordance with Subtitle 8 of this title. The Ethics Commission shall: compile annually an alphabetized list of entities doing business with the State during the preceding calendar year; and make the list available to individuals required to file a statement under Subtitle 6 of this title. The list prepared under paragraph (1) of this subsection shall be available for public inspection by March 1 of each year. On request of the Ethics Commission, an official or a unit of State government shall provide to the Commission in a timely manner any information necessary for the Commission to perform its duties under this subsection. The Ethics Commission shall provide a training course through online training or live presentation on the conflict of interest, financial disclosure, relevant administrative, and other applicable requirements of the Maryland Public Ethics Law for an individual who: fills a vacancy in a position that has been identified as a public official position under § 5–103 of this title; serves in a position identified as a public official position under § 5–103 of this title; or on or after January 19, 2023, is a State official that is subject to the jurisdiction of the Ethics Commission under § 5–104(a) of this title. The individual shall complete the training course within 6 months of: filling a vacancy; or a position being identified as a public official position. The training requirement under this subsection does not apply to an individual who: except for a member of a board of license commissioners or a liquor control board, is a public official only as a member of a commission, task force, or similar entity; or has completed a training course provided by the Ethics Commission while serving in another public official position. The Ethics Commission shall provide a training course for regulated lobbyists and prospective regulated lobbyists at least twice each year through online training or live presentation on the provisions of the Maryland Public Ethics Law, including provisions related to discrimination and harassment, relevant to regulated lobbyists. One training course shall be held each January. When a person initially registers as a regulated lobbyist, the Ethics Commission shall provide the person with information on the provisions of the Maryland Public Ethics Law relevant to regulated lobbyists. Subject to § 2–1257 of the State Government Article, the Ethics Commission shall submit to the General Assembly: an annual report on its activities; and based on its investigations and studies, other special reports with recommendations for legislation as may be appropriate.

The Ethics Commission may adopt regulations to implement this title.

The Ethics Commission and its staff counsel each may: administer oaths; and issue subpoenas for the attendance of witnesses to testify or to produce other evidence. A subpoena issued under subsection (a) of this section may be enforced judicially.

With advice from the Secretary of Budget and Management and in accordance with § 5–103 of this title, the Ethics Commission shall determine whether an individual in an executive unit is a public official for the purposes of this title. The Secretary of Budget and Management shall provide advice under subsection (a) of this section to the Ethics Commission: annually; and at any other time on request of the Ethics Commission. On request of the Ethics Commission, the following entities shall provide to the Ethics Commission in a timely manner any information necessary for the Ethics Commission to make a determination under subsection (a) of this section: the secretary of a principal department in the Executive Branch; the president of a public senior higher education institution, as defined in § 10–101 of the Education Article; and a unit of State government.

The Ethics Commission may exempt from this title or modify the requirements of this title for a board, a member of a board, or a municipal corporation if the Ethics Commission finds that, because of the nature of the board or the size of the municipal corporation, the application of this title to that board, member, or municipal corporation: would be an unreasonable invasion of privacy; would reduce significantly the availability of qualified individuals for public service; and is not necessary to preserve the purposes of this title. Subject to § 5–502(d) of this title, the Ethics Commission may grant an exemption to a board or member of a board only on written request of the executive unit of which the board is a part. Notwithstanding any other provision of this title, the records of the Ethics Commission in any matter in which an exemption is granted under this title shall be available for public inspection.

There is a Lobbyist Registration Fund. The Fund consists of all fees collected under Subtitle 7 of this title. The Fund is a continuing, nonlapsing fund. Any balance remaining in the Fund at the end of any fiscal year shall revert to the General Fund of the State. The State Treasurer shall hold the Fund separately. The Comptroller shall account for the Fund. The Fund shall be invested and reinvested in the same manner as other State funds. Expenditures from the Fund shall be made in accordance with an appropriation approved by the General Assembly in the annual budget. The Fund shall be used to defray the expenses of administering Subtitle 7 of this title.