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<section article="ggp" article_name="General Provisions" number="5-716" title_number="5" title_name="Maryland Public Ethics Law" subtitle_number="7" subtitle_name="Lobbying">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <text>“Applicable recipient” means a candidate for, or an official holding, the office of:</text>
      <level label="i">
        <text>Governor;</text>
      </level>
      <level label="ii">
        <text>Lieutenant Governor;</text>
      </level>
      <level label="iii">
        <text>Attorney General;</text>
      </level>
      <level label="iv">
        <text>Comptroller; or</text>
      </level>
      <level label="v">
        <text>member of the General Assembly.</text>
      </level>
    </level>
    <level label="4">
      <text>“Director” has the meaning stated in § 14–101 of the Election Law Article.</text>
    </level>
  </level>
  <level label="a–1">
    <text>This section does not apply to a nonprofit organization qualified under § 501(c)(3) of the Internal Revenue Code.</text>
  </level>
  <level label="b">
    <text>A political contribution made to a political committee for an applicable recipient is deemed a political contribution to the applicable recipient.</text>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>A statement required under this section shall be filed with the State Board of Elections.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>The reporting period is the 6–month period ending on either April 30 or October 31.</text>
    </level>
    <level label="2">
      <text>The statement shall be filed on or before the last day of the month immediately following the day on which the reporting period ends.</text>
    </level>
  </level>
  <level label="f">
    <text>The statement required under this section shall be made under oath and state:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>the office held or sought by each applicable recipient named in item (1) of this subsection;</text>
    </level>
    <level label="3">
      <text>the aggregate contributions made to each applicable recipient named in item (1) of this subsection;</text>
    </level>
    <level label="4">
      <text>the name of each regulated lobbyist employed or retained by the person filing the statement; and</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="g">
    <text>If the person filing the statement is a business entity:</text>
    <level label="1">
      <level label="i">
        <text>an applicable contribution made by an officer, a director, or a partner of the business entity shall be attributed to the business entity; and</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>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;</text>
    </level>
    <level label="4">
      <text>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</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>the contribution is made on the recommendation of the nonprofit organization; or</text>
      </level>
      <level label="ii">
        <text>the individual who made the contribution is paid by the nonprofit organization.</text>
      </level>
    </level>
    <level label="2">
      <text>The State Board of Elections shall adopt regulations that define “officer” for the purposes of this subsection.</text>
    </level>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
  <level label="j">
    <text>The State Board of Elections shall:</text>
    <level label="1">
      <text>prepare and make available forms for the statement and notice required by this section;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>report any violation of this section to the Ethics Commission.</text>
    </level>
  </level>
  <level label="k">
    <text>The statement required under this section shall be filed in the manner required for statements filed under Title 14 of the Election Law Article.</text>
  </level>
  <level label="l">
    <level label="1">
      <text>A person required to file a statement under this section shall maintain detailed and accurate records of:</text>
      <level label="i">
        <text>contracts made by the person or attributed to the person that cause the person to provide compensation to the lobbyist; and</text>
      </level>
      <level label="ii">
        <text>applicable contributions made by the person or attributed to the person.</text>
      </level>
    </level>
    <level label="2">
      <text>A person required to keep records under this subsection shall retain the records for 3 years after the creation of the record.</text>
    </level>
  </level>
  <level label="m">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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 § 14–107 of the Election Law Article.</text>
    </level>
    <level label="4">
      <text>The State Board may impose a civil penalty in the same method and manner as provided under § 14–110 of the Election Law Article for the following violations:</text>
      <level label="i">
        <text>failure to report all applicable contributions made as required in subsection (f) of this section; and</text>
      </level>
      <level label="ii">
        <text>failure to maintain detailed and accurate records as required in subsection (l) of this section.</text>
      </level>
    </level>
  </level>
  <level label="n">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>A person who violates this subsection is guilty of perjury and on conviction is subject to the penalty provided under the Criminal Law Article.</text>
    </level>
  </level>
</section>
