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Md. Code Ann., § 15-703
(Supp. 2002)
Check
the type(s) of registration applicable.
Notify the State Ethics Commission if there is a change in the type(s)
of lobbying during the registration period. The Commission publishes special
memoranda on lobbying law requirements that are available at our office and on
our Web site, http://ethics.gov.state.md.us.
Legislative
Action Lobbyist:
Any
person, group, organization or business entity is required to register as a
legislative action lobbyist if either of the following two elements of the
registration requirements is met:
1.
The person or entity communicates in the presence of
an official or employee in the legislative branch or executive branch for the
purpose of influencing any legislative action during a lobbying reporting
period. (The lobbying reporting periods
are November 1st to April 30th and May 1st to
October 31st). The person or
entity must receive cumulatively either $2500 or more as compensation,
from all lobbying employers, for the purpose of influencing legislative
action during the reporting period or incur expenses of $500 or more,
other than personal travel or subsistence expenses, during the reporting
period; or
2.
The person or entity has not been in the presence but
has communicated with an official or employee for the purpose of influencing
legislative action and earns at least $5,000 from all lobbying
employers cumulatively, as compensation for the lobbying activity during a
reporting period.
Executive
Action Lobbyist:
Any
person, group, organization or business entity is required to register as an
executive branch lobbyist if any of the following five elements is met:
(NOTE: Only No. 2 requires that the lobbyist be in the physical presence of the
official.)
1.
The person or entity communicates with any official or
employee in the executive branch for the purpose of influencing
executive action during the reporting period. The person or entity must expend a
cumulative amount of $100 or more during the reporting period on one or
more officials or employees in the executive branch for meals, beverages,
special events or gifts in connection with or for the purpose of influencing
executive action; or
2.
A person or entity receiving compensation of $2500 or
more, from all lobbying employers cumulatively, in a reporting period or
incurring expenses of $500 or more, other than for personal travel or
subsistence, and gets in the presence of an official or employee for the
purpose of influencing executive action relating to the development or
adoption of regulations or the development or issuance of executive
orders; or
3.
Any person or entity employed to influence an official or
employee in the development or adoption of regulations or an executive order
and earns at least $5,000 from all lobbying employers cumulatively, as
compensation during the reporting period even if not in the actual
presence of officials or employees for these purposes; or
4.
Any person or entity employed to influence executive action
in any procurement contract that exceeds $100,000, even if the criteria
in No. 1 are not met, unless the person is a bona fide salesperson or a
commercial selling agency employed or maintained by the employer; or
5.
The person or entity is compensated to influence executive
action to secure from the State a business grant or loan of more than
$100,000 for the business entity, even if the criteria in No. 1 are not
met, unless the person is a bona fide full time official or employee of a
business entity seeking to secure a business grant or loan.
Grass
Roots Lobbying Registration:
Any
entity (including a person) who expends $2,000, including, for example,
postage, salaries, contractual employees, telecommunications, electronic
services, advertising and delivery service, in a six-month reporting period for
the express purpose of soliciting others to communicate with any official to
influence any legislative or executive action.
Registration
Exemptions:
In
addition to those discussed above, there are some situations in which general
exceptions apply to the registration requirements. The exceptions generally apply only if the
specific actions are limited to the particular item listed below. If the person, group, organization or
business entity takes other actions requiring registration, then registration
and reporting are required for all lobbying related activity.
§
Professional services in drafting bills or in advising and
rendering opinions to clients related to the construction and effect of
proposed or pending legislation;
§
Appearances before the General Assembly or any committee or
subcommittee at the specific request of the body involved, if the person
engages in no further or other activities in connection with the passage or
defeat of legislation;
§
Appearances as part of the official duties of a duly elected
or appointed official or employee of the State or a political subdivision of
the State, or of the United States, and not on behalf of any other entity;
§
Action of a member of the news media to the extent the
actions are in the ordinary course of gathering and disseminating news or
making editorial comments to the general public;
§
Appearances before a legislative committee at the specific
invitation or request of a regulated lobbyist, provided no other act is
undertaken for which registration is required and provided the witness
notifies the committee that he is testifying at the request of a regulated
lobbyist;
§
The representation of a bona fide religious organization
solely for the purpose of protecting the right of its own members to practice
the doctrine of the organization
§
Appearances as part of the official duties of an officer,
director, member, or employee of an association engaged exclusively in lobbying
for counties and municipalities and not on behalf of any other entity;
§
Actions as part of the official duties of a trustee,
administrator, or faculty member of a non-profit independent college or
university in the State, provided the official duties of the individual do not
consist primarily of attempting to influence legislative or executive action;
§
Appearances before an executive unit at the specific request
of the executive unit involved, provided the individual engages in no other
acts during the reporting period requiring registration; or
§
Appearances before an executive unit at the specific request
of a regulated lobbyist, if the witness notifies the executive unit that he or
she is appearing at the request of the regulated lobbyist.
Exempt
Employer:
An
employer is exempt from registration under this provision if it reasonably
believes that all expenditures requiring registration are reported by a
regulated lobbyist and if it engages in no other act that requires
registration. Failure of a regulated
lobbyist to report any information makes the employer immediately subject to
all the filing provisions of the Ethics Law.
An employer who does not meet the criteria for exemption is a
non-exempt employer who must register and file activity reports. A person registering as a non-exempt employer
should check the block marked “non-exempt employer” in addition to checking the
block for the type of lobbying involved.
Primary
Purpose of Organization:
If
the employer organization, or a registered organization if there is no
employer, is organized and operated primarily for the purpose of attempting to
influence any legislative or executive action, the block at A(1) should be
checked “yes.” In addition to filing
regular Activity Reports, entities checking “yes” to this question are required
to file Ethics Form #12, which requires you to list all of those persons or
entities that provided at least five percent of the organization’s total
receipts in the previous twelve months.
Registration
Fee:
Effective
October 1, 2007, a registration fee of $100 is required for each
regulated lobbyist registration.
Checks should be made payable to the State of
B.1. Include the name, the permanent address
(where the person can be reached throughout the year), and, if the registrant
is an individual, his or her occupation.
If an individual regulated lobbyist was hired as an employee or partner
in a law firm, the name of that firm should also be included along with the
firm’s permanent address. You must
notify the Ethics Commission if the permanent address changes during the
registration period or before all required reports have been submitted.
B.II. If the lobbyist
employs staff to carry out part of the lobbying activity, list the individuals
hired in Part B(II). They are also
required to file their own registrations.
A non-exempt employer must also list in this section any lobbyist
employed.
B.III. In section III(a), the lobbyist must list the employer
that actually compensates or authorizes the lobbyist to act. In section III(b), the lobbyist must list an
entity that the lobbyist will be representing even though compensation may
actually be paid from another entity (the entity listed in III(a)). For example, a lobbyist may be the employee of
a member of a trade association but lobbying on behalf of the association
itself. Section III(b) is not used to
identify other employers for whom the lobbyist is required to file separate
registrations.
B.IV(a): The period of
registration may not exceed one year and must end by October 31st. Registration must be received by the
Commission within five days after first performing an act requiring
registration. Failure to timely file
may result in the imposition of late fees.
The maximum allowable period of registration is from November 1 to the
next following October 31.
B.IV(b): The identification of matters on which you intend to
act should be as specific as possible.
Statements such as “any and all matters” are not sufficient. You should notify the Commission by letter if
the matters to be lobbied change substantially during the registration period.
You
must sign the full name of the registrant (regulated lobbyist) as it appears in
Part B(I)(a) of the form.
This
section must be completed by the persons named in Section B(III) of the form. In most instances only B(III)(a) will be
completed, and only one signature will be required in Part D. If both B(III)(a) and (b) are completed, both
names should appear in the second blank in Part D(I), and both signature blanks
must be completed. If the employer is a
corporation, an authorized officer or agent who is not a registrant must
sign the authorization.
D(II). Complete this section by checking only one of
either a), b) or c). You should
coordinate with your employer and all other regulated lobbyists for the same
employer the correct selection for this section. The purpose of this section is to insure that
all expenses in support of the lobbying activity are reported without
duplication.
October 1, 2007