ETHICS QUESTION OF THE MONTH

LOBBYING ISSUES

EFFECTIVE OCTOBER 1, 2007 THE LOBBYING REGISTRATION FEE INCREASES FROM $50 PER REGISTRATION TO $100 PER REGISTRATION

WHO IS REQUIRED TO REGISTER AS A LOBBYIST:

Under the current law lobbying registration is required for legislative branch lobbying and executive branch lobbying (for executive orders and regulations only) based upon activities that attempt to influence legislative or executive action and compensation thresholds during any lobbying period (November-April or May-October). Lobbying registration is required for the purpose of influencing any other executive action, only if the person or firm spends a cumulative value of at least $100 for gifts, including meals, beverages, and special events, for one or more officials or employees of the Executive Branch. Other activities considered “lobbying” and requiring registration with the Commission can be found in Section 15-701 of the Public Ethics Law.

As noted in the law's statement of legislative intent, the confidence and trust of the people "is eroded when the conduct of the State's business is subject to improper influence or even the appearance of improper influence." The lobbying provisions of the Public Ethics Law were amended substantially during both the 2001 and 2002 legislative sessions, but the registration requirements have remained unchanged since that time. The provisions of the lobbying law can be found in the Maryland Code Annotated, State Government Article, Title 15, Subtitle 7 (“Public Ethics Law”).

Accordingly, an individual who is contemplating engaging in activities that may require lobbying registration should contact the Commission staff for advice and not rely on conclusions reached and representations by the media about the lobbying law.

Electronic registration is available and user friendly. We encourage you to use the electronic process to initiate the registration process. If you have any questions, please call our office and ask for Michelle Roark: 410-260-7770.

If you were a registered lobbyist at any time from November 1, 2005 through this day, you have an account, and this account is yours for all lobbying activity. You should have only one account, User Name and Password. If you have inadvertently set up a duplicate account, please call us so that we can try to sort it out for you. 410-260-7770.

Your current registrations are all on our electronic system, and we encourage you to use the system for event reports. The process is simple, requires no notary attestation, and once filed electronically, it becomes part of the public record.

REGISTRATION FOR THE LOBBYING PERIOD BEGINNING NOVEMBER 1, 2007:

1. At the electronic web site, https://lobby.ethics.state.md.us, login using your User Name and Password (if you can’t remember the User Name and/or Password, call or email our office 410-260-7770 and we will email the information to you).

2. Check your Account Information to make sure that it is correct, and make any needed changes:

a. Click on “Edit Account Information” at the top center of the dark border surrounding the dialogue box

b. Make whatever changes are necessary and be sure to fill in all fields marked by a red asterisk; and

c. Click “submit” at the bottom of the page.

3. Complete Parts A and B and the election of exemption status for your employer in Part D. Because the Commission requires the original signatures of the lobbyist and the employer and a check for $50.00 before the registration can be activated, follow the following procedure:

a. You may email the form, as completed by you, to your employer, and the employer can print the form, sign it and mail it back to you; or

b. You may print out the form, sign it as the regulated lobbyist in Part C, and then send it to the employer for his or her signature in Part D

c. When both signatures have been affixed to the completed form, send the form with the original signatures to the State Ethics Commission along with a check in the amount of $100 for each registration, made payable to the State of Maryland. The registration will not be activated until the Commission has received the original signatures and the required check for $100.

When the Commission has received the completed form with the required signatures and check in the amount of $100, Commission staff will activate the registration.

EVENT FORMS 13E AND 13F

1. Login to https://lobby.ethics.state.md.us using your User Name and Password, which will take you to your Lobbyist Activity page.

2. Scroll down this page to the name of the employer for whom you wish to file the event form, and then click on “view” for that employer.

3. In the left column of the dialogue box, click on “file event reports” and then click on “start 13E.”

4. When you click “submit”, the notification of the event (13E) will be sent to both Legislative Services and the State Ethics Commission.

5. When it is time to file the 14-day report (13F), go through the same process, and then click on “start 13F” and complete the form.

6. The form is submitted electronically – there is no need to print and sign it.

7. By checking the box that the information provided is accurate and complete under penalties of perjury, you have submitted the form under oath/penalties of perjury. If you wish, you may print a coy of any form for your own records.

THANK YOU FOR COOPERATING AND USING THE ELECTRONIC FILING PROCESS.

October 2007