# General Provisions (GGP)

## Title 5. Maryland Public Ethics Law

### Subtitle 7. Lobbying

#### Section 5-701

In this subtitle, "compensation", as to a person whose lobbying is only a part of the person's employment, means a prorated amount based on the time the person devotes to lobbying and the time the person devotes to other employment.

#### Section 5-702

(a) Unless exempted under subsection (b) of this section, an entity shall register with the Ethics Commission as provided in this subtitle and shall be a regulated lobbyist for the purposes of this title if, during a reporting period, the entity:

  (1) for the purpose of influencing any legislative action or any executive action relating to the development or adoption of regulations or the development or issuance of an executive order:

    (i)

      (1) communicates with an official or employee of the Legislative Branch or Executive Branch in the presence of that official or employee; and

      (2) except for the personal travel or subsistence expenses of the entity or a representative of the entity, incurs expenses of at least $500 or earns at least $2,500 as compensation for all such communication and activities relating to the communication during the reporting period; or

    (ii)

      (1) communicates with an official or employee of the Legislative Branch or Executive Branch; and

      (2) earns at least $5,000 as compensation for all such communication and activities relating to the communication during the reporting period;

  (2) in connection with or for the purpose of influencing any executive action, spends a cumulative value of at least $100 for gifts, including meals, beverages, and special events, to one or more officials or employees of the Executive Branch;

  (3) subject to subsection (b)(4) of this section, is compensated to influence executive action on a procurement contract that exceeds $100,000;

  (4) subject to subsection (b)(5) of this section, is compensated by a business entity to influence executive action to secure from the State a business grant or loan with a value of more than $100,000 for the business entity;

  (5) spends at least $2,000, including expenditures for salaries, contractual employees, postage, telecommunications services, electronic services, advertising, printing, and delivery services, for the express purpose of soliciting others to communicate with an official to influence legislative action or executive action; or

  (6) spends at least $2,500 to provide compensation to one or more entities required to register under this subsection.

(b)

  (1) The following activities are exempt from regulation under this subtitle:

    (i) an appearance as part of the official duties of an elected or appointed official or employee of the State, a political subdivision of the State, or the United States, to the extent that the appearance is not on behalf of any other entity;

    (ii) an action of a member of the news media, to the extent that the action is in the ordinary course of gathering and disseminating news or making editorial comment to the general public;

    (iii) representation of a bona fide religious organization, to the extent that the representation is for the purpose of protecting the right of its members to practice the doctrine of the organization;

    (iv) an appearance as part of the official duties of an officer, a director, a member, or an employee of an association engaged only in representing counties or municipal corporations, to the extent that the appearance is not on behalf of any other entity; or

    (v) an action as part of the official duties of a trustee, an administrator, or a faculty member of a nonprofit independent college or university in the State, provided the official duties of the individual do not consist primarily of attempting to influence legislative action or executive action.

  (2) The following activities are exempt from regulation under this subtitle if the individual engages in no other acts during the reporting period that require registration:

    (i) professional services in drafting bills or in advising clients on the construction or effect of proposed or pending legislation;

    (ii) an appearance before the entire General Assembly, or any committee or subcommittee of the General Assembly, at the specific request of the body involved;

    (iii) an appearance as a witness before a legislative committee at the specific request of a regulated lobbyist if the witness notifies the committee that the witness is testifying at the request of the regulated lobbyist;

    (iv) an appearance before an executive unit at the specific request of the executive unit involved; or

    (v) an appearance as a witness before an executive unit at the specific request of a regulated lobbyist if the witness notifies the executive unit that the witness is testifying at the request of the regulated lobbyist.

  (3) An elementary, secondary, or postsecondary school student or student organization that communicates as part of a course or student activity is not subject to the registration requirements based on the expense threshold under subsection (a)(1)(i) of this section.

  (4) Subsection (a)(3) of this section does not apply to a bona fide salesperson or commercial selling agency employed or maintained by an employer for the purpose of soliciting or securing a procurement contract unless the person engages in acts during the reporting period that require registration under subsection (a)(1) or (2) of this section.

  (5) If the person engages in no other act during the reporting period that requires registration, subsection (a)(4) of this section does not apply to:

    (i) a bona fide full-time official or employee of a business entity seeking to secure a business grant or loan; or

    (ii) a person seeking to secure a business grant or loan for the purpose of locating, relocating, or expanding a business in or into the State.

(c)

  (1) Except for the certification required by Sec. 5-703 of this subtitle and the report required by Sec. 5-705(d) of this subtitle, an entity that compensates one or more regulated lobbyists, and that reasonably believes that all expenditures requiring registration will be reported by the regulated lobbyist or lobbyists, is exempt from the registration and reporting requirements of this subtitle if the entity engages in no other act that requires registration.

  (2) If a regulated lobbyist compensated by an entity that is exempt under paragraph (1) of this subsection fails to report the information required by this subtitle, the entity immediately shall become subject to the registration and reporting requirements of this subtitle.

#### Section 5-703

(a) A regulated lobbyist engaged by an entity for the purpose of lobbying shall certify under oath or affirmation that the regulated lobbyist is authorized to engage in lobbying for the entity.

(b) The certification shall include:

  (1) the full legal name and business address of the entity;

  (2) the name, contact information, and official title of the representative of the entity who authorized the regulated lobbyist to engage in lobbying for the entity;

  (3) the full legal name and business address of the regulated lobbyist;

  (4) subject to subsequent modification, the period during which the regulated lobbyist is authorized to act; and

  (5) the proposal or subject on which the regulated lobbyist represents the entity.

#### Section 5-704

(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.

(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 Sec. 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.

(c) Each registration shall include the certification required by Sec. 5-703 of this subtitle.

(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.

(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 Sec. 5-210 of this title.

(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 Sec. 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 Sec. 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.

(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 Sec. 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.

#### Section 5-704.1

A regulated lobbyist, other than a regulated lobbyist described in Sec. 5-702(a)(6) of this subtitle, shall complete the training course provided under Sec. 5-205(e)(1) of this title:

(1)

  (i) within 6 months of the regulated lobbyist's initial registration with the Ethics Commission; or

  (ii) if the initial registration is terminated in accordance with Sec. 5-704(f) of this subtitle earlier than 6 months after the date of registration, before any subsequent registration with the Ethics Commission; and

(2) on completion of the initial training course under item (1) of this section, within the 2-year period following the date of the most recently completed training course.

#### Section 5-705

(a)

  (1) A regulated lobbyist shall file electronically with the Ethics Commission, under oath and for each registration, a separate report concerning the regulated lobbyist's lobbying activities:

    (i) by May 31 of each year, to cover the period from November 1 of the previous year through April 30 of the current year; and

    (ii) by November 30 of each year, to cover the period from May 1 through October 31 of that year.

  (2) If the regulated lobbyist is not an individual, an authorized officer or agent of the regulated lobbyist shall sign the report.

  (3) If a prorated amount is reported as compensation, it shall be labeled as prorated.

(b) A report required by this section shall include:

  (1) a complete, current statement of the information required under Sec. 5-704(b) of this subtitle;

  (2) total expenditures in connection with influencing executive action or legislative action in each of the following categories:

    (i) total individual regulated lobbyist compensation, excluding expenses reported under this paragraph;

    (ii) office expenses of the regulated lobbyist;

    (iii) professional and technical research and assistance;

    (iv) publications that expressly encourage communication with one or more officials or employees;

    (v) witnesses, including the name of each and the fees and expenses paid to each;

    (vi) except as otherwise reported under this paragraph, meals and beverages for officials, employees, or members of the immediate families of officials or employees;

    (vii) except as provided in Sec. 5-709(d)(2) of this subtitle, food, beverages, and incidental expenses for officials of the Legislative Branch for meals and receptions to which all members of any legislative unit were invited;

    (viii) food and beverages for members of the General Assembly at the times and geographic locations of meetings of legislative organizations, as allowed under Sec. 5-505(c)(2)(i)4 of this title;

    (ix) food, lodging, and scheduled entertainment for officials and employees at meetings at which the officials and employees were scheduled speakers or scheduled panel participants;

    (x) tickets and free admission extended to members of the General Assembly, as a courtesy or ceremony to the office, to attend charitable, cultural, or political events sponsored or conducted by the reporting entity, as allowed under Sec. 5-505(c)(2)(viii) of this title;

    (xi) other gifts to or for officials, employees, or members of the immediate families of officials or employees; and

    (xii) other expenses; and

  (3) as to expenditures reported in item (2)(vii), (viii), (ix), and (x) of this subsection, the date, location, and total expense of the regulated lobbyist for each meal, reception, event, or meeting.

(c)

  (1) Except as provided in paragraph (2) of this subsection, a report required under this section also shall include the name of each official, employee, or member of the immediate family of an official or employee who has benefited from one or more gifts with a cumulative value of $75 during the reporting period from the regulated lobbyist, regardless of whether the gift:

    (i) is attributable to more than one entity; or

    (ii) was given in connection with lobbying activity.

  (2) The following gifts need not be allocated to individual recipients and reported by name:

    (i) gifts reported under subsection (b)(2)(vii) and (viii) of this section;

    (ii) gifts reported under subsection (b)(2)(ix) of this section with a value of $200 or less; and

    (iii) gifts reported under subsection (b)(2)(x) of this section, unless the recipient received from the regulated lobbyist during the reporting period two or more such gifts with a cumulative value of at least $100.

(d)

  (1) This subsection applies only to a regulated lobbyist, other than an individual, that is organized and operated for the primary purpose of attempting to influence legislative action or executive action.

  (2) In addition to the other reports required under this section, a regulated lobbyist shall report the name and permanent address of each entity that provided at least 5% of the regulated lobbyist's total receipts during the preceding 12 months.

  (3) For the purpose of the reporting and registration requirements of this subtitle, receipts of a regulated lobbyist include funds spent on the regulated lobbyist's behalf, at its direction, or in its name.

#### Section 5-706

(a) In addition to any other report required under this subtitle, a regulated lobbyist shall file a separate report disclosing the name of each State official of the Executive Branch or member of the immediate family of a State official of the Executive Branch who has benefited during the reporting period from a gift of a meal or beverages from the regulated lobbyist, whether or not in connection with lobbying activities, allowed under Sec. 5-505(c)(2)(i)1 of this title.

(b) Gifts reported by name of recipient under Sec. 5-705(b)(2)(ix) of this subtitle need not be allocated for the purposes of disclosure under subsection (a) of this section.

(c) The disclosure required by this section shall be under oath or affirmation, on a form issued by the Ethics Commission, and shall include:

  (1) the name and business address of the regulated lobbyist;

  (2) the name of each recipient of a gift of a meal or beverages;

  (3) the date and value of each gift of a meal or beverages, and the identity of the entity or entities to which the gift is attributable; and

  (4) the total cumulative value of gifts of meals or beverages, calculated as to each recipient.

(d) The regulated lobbyist may explain the circumstances under which the gift of a meal or beverages was given.

(e) Gifts of meals or beverages reported by a regulated lobbyist under this section need not be counted or reported by the regulated lobbyist for purposes of disclosure under Sec. 5-705(c) of this subtitle.

(f) The report shall be filed electronically at the time and in the manner required for reports filed under Sec. 5-705 of this subtitle.

#### Section 5-707

(a)

  (1) This section applies only to an individual regulated lobbyist described in Sec. 5-702(a)(1), (2), (3), or (4) of this subtitle who lobbies the Executive Branch or Legislative Branch.

  (2) This section does not apply to an entity that employs an individual regulated lobbyist described in Sec. 5-702(a)(1), (2), (3), or (4) of this subtitle.

(b) In addition to any other report required under this subtitle, an individual regulated lobbyist shall file, with the report required under Sec. 5-705 of this subtitle, a report that discloses each business transaction or series of business transactions that the individual regulated lobbyist had with an individual or business entity listed in subsection (c) of this section that:

  (1) involved the exchange of value of:

    (i) $1,000 or more for a single transaction; or

    (ii) $5,000 or more for a series of transactions; and

  (2) occurred in the previous reporting period.

(c) An individual regulated lobbyist is subject to the reporting requirements of this subtitle if the individual regulated lobbyist engages in a business transaction with:

  (1) a member of the General Assembly;

  (2) the Governor;

  (3) the Lieutenant Governor;

  (4) the Attorney General;

  (5) the Secretary of State;

  (6) the Comptroller;

  (7) the State Treasurer;

  (8) the secretary of any principal State department;

  (9) the spouse of an individual listed in items (1) through (8) of this subsection;

  (10) a business entity in which an individual listed in items (1) through (9) of this subsection participates as a proprietor or partner; or

  (11) a business entity in which an individual listed in items (1) through (9) of this subsection has an ownership interest of at least 30%.

(d) The disclosure required under this section shall include:

  (1) the date of the business transaction or dates of each of the series of transactions;

  (2) the name and title of the official who is subject to this section who was involved in each business transaction or series of transactions; and

  (3) the nature and value of anything exchanged.

(e) The report shall be filed electronically at the time and in the manner required for reports filed under Sec. 5-705 of this subtitle.

#### Section 5-708

(a) In addition to any other report required under this subtitle, an individual regulated lobbyist described in Sec. 5-702(a)(1), (2), (3), or (4) of this subtitle shall file a separate report disclosing any political contribution made:

  (1) directly or indirectly by the regulated lobbyist;

  (2) during the reporting period;

  (3) under the Election Law Article; and

  (4) for the benefit of the Governor, Lieutenant Governor, Attorney General, Comptroller, or member of the General Assembly, or a candidate for election to any of those offices.

(b) The report shall state:

  (1) the name of each official or candidate for whose benefit a political contribution was made; and

  (2) the total political contributions for the benefit of that official or candidate.

(c) The report shall be filed electronically at the time and in the manner required for reports filed under Sec. 5-705 of this subtitle.

#### Section 5-709

(a) A regulated lobbyist who invites all members of a legislative unit to a meal or reception shall, at least 5 days before the date of the meal or reception:

  (1) extend a written invitation to all members of the legislative unit; and

  (2) register the meal or reception with the Department of Legislative Services by filing a report electronically as required by the Ethics Commission.

(b) A legislative unit registration report required under subsection (a) of this section shall include:

  (1) the date and location of the meal or reception; and

  (2) the name of the legislative unit invited.

(c)

  (1) Based on information contained in a legislative unit registration report filed under subsection (a) of this section, the Department of Legislative Services shall publish once a week a list containing the date and location of each upcoming meal or reception and the name of the legislative unit invited.

  (2)

    (i) The Department of Legislative Services shall allow public inspection of any legislative unit registration report required under this section during regular business hours.

    (ii) The Department of Legislative Services shall maintain a photocopy or electronic copy of each registration report required under this section.

(d)

  (1)

    (i) A regulated lobbyist who is required to register under subsection (a) of this section shall report the total cost of the meal or reception, and the name of each sponsor who contributes to the cost and the amount of the contribution, to the Ethics Commission within 14 days after the date of the meal or reception.

    (ii) If any information required under subparagraph (i) of this paragraph is not known within 14 days after the date of the meal or reception, the regulated lobbyist shall, as to the information not known, specify the nature and estimate the amount of each item.

  (2) If all of the information required by paragraph (1)(i) of this subsection is reported accurately and completely, the regulated lobbyist is not required to report the cost of the meal or reception under Sec. 5-705(b)(2)(vii) of this subtitle.

  (3) The Ethics Commission shall allow public inspection of each registration report required under this subsection during regular business hours.

(e) A report required under this section shall be filed electronically in the manner required for reports filed under Sec. 5-705 of this subtitle.

#### Section 5-710

(a) The Ethics Commission shall develop procedures under which a report required under Sec.Sec. 5-705 through 5-709 of this subtitle:

  (1) shall be filed electronically without additional cost to the individual who files the report; and

  (2) shall be made available for public inspection electronically.

(b)

  (1) If the report filed electronically under subsection (a) of this section is required to be made under oath or affirmation, the oath or affirmation shall be made by an electronic signature that is:

    (i) in the report or attached to and made part of the report; and

    (ii) made expressly under the penalties of perjury.

  (2) An electronic signature made under paragraph (1) of this subsection subjects the individual making the electronic signature to the penalties of perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.

#### Section 5-711

This subtitle does not require the disclosure by a regulated lobbyist of any gift to the regulated lobbyist's immediate family if the gift is:

(1) purely personal and private in nature and not related to the regulated lobbyist's lobbying activities; and

(2) from the regulated lobbyist's personal funds and not attributable to any other entity.

#### Section 5-712

The Ethics Commission may require a regulated lobbyist to file any additional report the Ethics Commission determines to be necessary.

#### Section 5-713

(a) After each reporting period, the Ethics Commission shall compute and make available:

  (1) for each of the categories of expenses required to be reported under Sec. 5-705(b)(2) of this subtitle, a total of the expenditures reported by all regulated lobbyists in that category;

  (2) for the categories of expenses required to be reported under Sec. 5-705(b)(2)(v) through (vii) of this subtitle, a combined total of the expenditures reported by all regulated lobbyists; and

  (3) the total of the reported expenditures by all regulated lobbyists for lobbying activities during the reporting period.

(b)

  (1) If a report under Sec. 5-705 or Sec. 5-706 of this subtitle contains the name of an official or employee in the Executive Branch or Legislative Branch or the name of a member of the official's or employee's immediate family, the Ethics Commission shall:

    (i) notify the official or employee within 30 days after receipt of the report by the Ethics Commission; and

    (ii) keep the report confidential for 60 days after its receipt.

  (2) Within 30 days after receiving the notice, the official or employee may submit a written exception to the inclusion in the report of the name of the official, employee, or member of the official's or employee's immediate family.

#### Section 5-714

A regulated lobbyist may not:

(1) be engaged for lobbying purposes for compensation that is dependent in any manner on:

  (i) the enactment or defeat of legislation;

  (ii) the outcome of any executive action relating to the solicitation or securing of a procurement contract; or

  (iii) any other contingency related to executive action or legislative action;

(2) initiate or encourage the introduction of legislation for the purpose of opposing the legislation;

(3) knowingly counsel any person to violate any provision of this title or any other State or federal law;

(4) engage in or counsel any person to engage in fraudulent conduct;

(5) while engaging in lobbying activities, knowingly make to an official or employee a statement of material fact relating to lobbying activity that the regulated lobbyist knows to be false;

(6) engage in lobbying without being registered as a regulated lobbyist in accordance with Sec. 5-702 of this subtitle;

(7) request an official or employee to recommend to a potential client the lobbying services of the regulated lobbyist or any other regulated lobbyist;

(8) make a gift, directly or indirectly, to an official or employee if the regulated lobbyist knows or has reason to know the gift is in violation of Sec. 5-505 of this title;

(9) make a gift, directly or indirectly, as a result of a solicitation or facilitation that the regulated lobbyist knows or has reason to know is prohibited under Sec. 5-505(a)(2) of this title;

(10) if the regulated lobbyist is an individual, engage in any charitable fund-raising activity at the request of an official or employee, including soliciting, transmitting the solicitation of, or transmitting a charitable contribution;

(11) make or facilitate the making of any loan of money, goods, or services to an official or employee unless in the ordinary course of business of the regulated lobbyist;

(12) while engaging in lobbying activities on behalf of an entity, knowingly conceal from an official or employee the identity of the entity;

(13) commit a criminal offense arising from lobbying activity;

(14) if serving on the State or a local central committee of a political party, participate:

  (i) as an officer of the central committee;

  (ii) in fund-raising activity on behalf of the political party; or

  (iii) in actions relating to filling a vacancy in a public office; or

(15) while engaging in lobbying, unlawfully harass or discriminate, based on any characteristic protected by law:

  (i) an official or employee;

  (ii) an intern, a page, or a fellow in any branch of State government;

  (iii) an individual regulated lobbyist; or

  (iv) a credentialed member of the press.

#### Section 5-714.1

(a) A regulated lobbyist may report to the Ethics Commission that a member of the General Assembly violated the antiharassment policy and procedures of the General Assembly.

(b) If a report is made under subsection (a) of this section, the Ethics Commission shall refer the report to the Joint Ethics Committee.

#### Section 5-715

(a) In this section, "candidate", "contribution", and "political committee" have the meanings stated in Sec. 1-101 of the Election Law Article.

(b)

  (1) This section applies only to a regulated lobbyist described in Sec. 5-702(a)(1), (2), (3), or (4) of this subtitle.

  (2) This section does not apply to a regulated lobbyist who is a candidate with respect to the regulated lobbyist's own campaign.

(c) The restrictions in this section apply from the starting date of the regulated lobbyist's registration to the end of the calendar year in which the registration period ends.

(d)

  (1) For the benefit of the Governor, Lieutenant Governor, Attorney General, or Comptroller, or a member of the General Assembly, or a candidate for election to the office of Governor, Lieutenant Governor, Attorney General, Comptroller, or member of the General Assembly, a regulated lobbyist who is subject to this section or a person acting on behalf of the regulated lobbyist may not:

    (i) solicit or transmit a political contribution from any person, including a political committee;

    (ii) serve on a fund-raising committee or a political committee;

    (iii) act as a treasurer for a candidate or an official or as treasurer or chair of a political committee;

    (iv) organize or establish a political committee for the purpose of soliciting or transmitting contributions from any person; or

    (v) forward tickets for fund-raising activities, or other solicitations for political contributions, to a potential contributor.

  (2) This section does not prohibit a regulated lobbyist from:

    (i) making a personal political contribution;

    (ii) informing any entity of a position taken by a candidate or an official; or

    (iii) engaging in other activities not specifically prohibited under paragraph (1) of this subsection.

#### Section 5-716

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Applicable contribution" means a political contribution or donation or series of political contributions or donations by a person or attributed to a person made to or for the benefit of an applicable recipient.

  (3) "Applicable recipient" means a candidate for, or an official holding, the office of:

    (i) Governor;

    (ii) Lieutenant Governor;

    (iii) Attorney General;

    (iv) Comptroller; or

    (v) member of the General Assembly.

  (4) "Director" has the meaning stated in Sec. 14-101 of the Election Law Article.

(a-1) This section does not apply to a nonprofit organization qualified under Sec. 501(c)(3) of the Internal Revenue Code.

(b) A political contribution made to a political committee for an applicable recipient is deemed a political contribution to the applicable recipient.

(c) Subject to subsection (i) of this section, a person shall file a statement in accordance with this section if at any time during the reporting period the person spent at least $500 to provide compensation to one or more regulated lobbyists.

(d) A statement required under this section shall be filed with the State Board of Elections.

(e)

  (1) The reporting period is the 6-month period ending on either April 30 or October 31.

  (2) The statement shall be filed on or before the last day of the month immediately following the day on which the reporting period ends.

(f) The statement required under this section shall be made under oath and state:

  (1) the name of each applicable recipient to whom an applicable contribution was made or caused to be made during the reporting period and, if not previously reported, during the preceding reporting period;

  (2) the office held or sought by each applicable recipient named in item (1) of this subsection;

  (3) the aggregate contributions made to each applicable recipient named in item (1) of this subsection;

  (4) the name of each regulated lobbyist employed or retained by the person filing the statement; and

  (5) the name of the person who made the political contribution and the relationship of that person to the person filing the statement if a political contribution was made by another person but is attributed to the person filing the statement.

(g) If the person filing the statement is a business entity:

  (1)

    (i) an applicable contribution made by an officer, a director, or a partner of the business entity shall be attributed to the business entity; and

    (ii) a political contribution, regardless of amount, if made at the suggestion or direction of the business entity, by an officer, a director, a partner, an employee, an agent, or any other person, shall be attributed to the business entity;

  (2) each officer, director, or partner of the business entity who makes or causes to be made an applicable contribution shall report the contribution to the chief executive officer of the business entity;

  (3) each officer, director, partner, employee, agent, or other person who makes or causes to be made a political contribution, regardless of amount, at the suggestion or direction of the business entity shall report the political contribution to the chief executive officer of the business entity;

  (4) applicable contributions made by, or caused to be made by, a subsidiary, at least 30% of the equity of which the business entity owns or controls, shall be attributed to the business entity; and

  (5) if a subsidiary described in item (4) of this subsection made an expenditure to provide compensation to one or more regulated lobbyists, the expenditure shall be attributed to the business entity.

(h)

  (1) Notwithstanding subsection (g) of this section, a contribution made by an individual who serves as a trustee or member of the board of directors or as an officer of a nonprofit organization is not attributable to the organization, and the individual is not required to report the contribution to the chief executive officer of the organization, unless:

    (i) the contribution is made on the recommendation of the nonprofit organization; or

    (ii) the individual who made the contribution is paid by the nonprofit organization.

  (2) The State Board of Elections shall adopt regulations that define "officer" for the purposes of this subsection.

(i) A person who files, under Title 14 of the Election Law Article, all information required by this section may satisfy the requirements of this section by submitting a notice to that effect on the form required by the State Board of Elections.

(j) The State Board of Elections shall:

  (1) prepare and make available forms for the statement and notice required by this section;

  (2) retain each statement filed under this section in the same manner and subject to the same standards of public access as a statement filed under Title 14 of the Election Law Article; and

  (3) report any violation of this section to the Ethics Commission.

(k) The statement required under this section shall be filed in the manner required for statements filed under Title 14 of the Election Law Article.

(l)

  (1) A person required to file a statement under this section shall maintain detailed and accurate records of:

    (i) contracts made by the person or attributed to the person that cause the person to provide compensation to the lobbyist; and

    (ii) applicable contributions made by the person or attributed to the person.

  (2) A person required to keep records under this subsection shall retain the records for 3 years after the creation of the record.

(m)

  (1) A person who knowingly and willfully fails to comply with the requirements of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.

  (2) If a person that violates this section is a business entity, each officer and partner of the business entity who knowingly authorized or participated in violating this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.

  (3) The State Board of Elections may impose fees for the late filing of a statement required under this section in the same manner as provided under Sec. 14-107 of the Election Law Article.

  (4) The State Board may impose a civil penalty in the same method and manner as provided under Sec. 14-110 of the Election Law Article for the following violations:

    (i) failure to report all applicable contributions made as required in subsection (f) of this section; and

    (ii) failure to maintain detailed and accurate records as required in subsection (l) of this section.

(n)

  (1) A person may not willfully make a false, fraudulent, or misleading statement or entry in any filing that is under oath and is required by this section.

  (2) A person may not make an electronic submission of a statement required under subsection (c) of this section or any other document required under this section on behalf of another person without that person's express consent.

  (3) A person who violates this subsection is guilty of perjury and on conviction is subject to the penalty provided under the Criminal Law Article.

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Md. Code Ann., Gen. Prov. (as displayed at mgaleg.maryland.gov, October 16, 2026)