2010 Maryland Code
STATE GOVERNMENT
TITLE 15 - PUBLIC ETHICS
Subtitle 8 - Local Government Provisions
Section 15-831 - Applications.

§ 15-831. Applications.
 

(a)  Payment to member of City Council or to County Executive prohibited during pendency.- An applicant or agent of the applicant may not make a payment to a member of the County Council, or to the County Executive, during the pendency of the application. 

(b)  Participation in proceedings on application; payments during preceding 36-month period.-  

(1) After an application has been filed, a member of the County Council may not vote or participate in any way in the proceeding on the application if the member's treasurer or the member's continuing political committee received a payment, during the 36-month period before the filing of the application or during the pendency of the application, from any of the applicants or the agents of the applicants. 

(2) A member is not subject to the requirements of paragraph (1) of this subsection if: 

(i) as to the application, no applicant or agent has filed an affidavit naming the member or the member's continuing political committee as the recipient of a payment; or 

(ii) 1. a transfer to the member's treasurer or continuing political committee was made by a political action committee to which an applicant or agent had made a payment; 

2. the applicant or agent made the payment to the political action committee without any intent to subvert the purposes of this subtitle; 

3. the applicant's or agent's payment to the political action committee, and the political action committee's transfer, are disclosed in an affidavit; and 

4. the transfer is returned to the political action committee by the member, or the payment is returned to the applicant or agent by the political action committee. 

(c)  Affidavit by applicant.-  

(1) After an application is filed, the applicant shall file an affidavit, under oath, stating to the best of the applicant's information, knowledge, and belief that: 

(i) 1. during the 36-month period before the filing of the application and during the pendency of the application, the applicant has not made any payment to the treasurer of a candidate or continuing political committee; or 

2. if any such payment was made, discloses the name of the member to whose treasurer, or whose continuing political committee, the payment was made; 

(ii) 1. during the 36-month period before the filing of the application and during the pendency of the application, the applicant has not solicited any person or business entity to make a payment to the treasurer of a candidate or continuing political committee; or 

2. if any such solicited payment was made, discloses the name of the member to whose treasurer, or whose continuing political committee, the payment was made; and 

(iii) 1. during the 36-month period before the filing of the application and during the pendency of the application, a member of the applicant's household has not made a payment to the treasurer of a candidate or continuing political committee; or 

2. if such a payment has been made, discloses the name of the member to whose treasurer, or whose continuing political committee, the payment was made. 

(2) The affidavit may be filed any time prior to consideration of the application by the District Council, at the discretion of the applicant. However, in no event may the affidavit be filed less than 30 calendar days prior to consideration by the District Council of the application. 

(3) A supplemental affidavit shall be filed whenever a payment is made after the original affidavit was filed. 

(4) An applicant has no obligation to make any representations pertaining to the actions of anyone other than that applicant under the affidavit. In the case of business entities, anyone with authority to act on behalf of, and bind, the business entity may execute an affidavit on behalf of the business entity itself. 

(5) The only disclosures required under the affidavit are those involving individuals or business entities that would be subject to the provisions of this subtitle. 

(d)  Affidavit by agent.-  

(1) An agent shall file an affidavit in an application only if: 

(i) the agent has acted on behalf of the applicant with regard to the specific application; and 

(ii) during the 36-month period before the filing of the application and during the pendency of the application, and after becoming an agent of the applicant: 

1. the agent has made a payment to a candidate or continuing political committee; or 

2. the agent has solicited any person to make a payment to the treasurer of a candidate or a continuing political committee. 

(2) Notwithstanding the provisions of paragraph (1)(ii) of this subsection, an agent shall disclose in the affidavit a payment made before becoming an agent if the agent: 

(i) made the payment by prearrangement or in coordination with one or more applicants; or 

(ii) acted as an agent as to any other application filed during the 36-month period. 

(e)  Applicability of Part IV.-  

(1) Except as provided in paragraph (2) of this subsection, a contributor, a member of the County Council, or a political action committee is subject to this Part IV if a payment is made by the contributor or a transfer is made by the political action committee to: 

(i) the candidate; or 

(ii) the candidate's continuing political committee. 

(2) The provisions of this Part IV do not apply to: 

(i) any payment or transfer to a slate, unless the slate is composed solely of candidates or members of the County Council; 

(ii) any transfer to the continuing political committee of a candidate or member of the County Council by the continuing political committee of another individual running for elective office; or 

(iii) a payment or transfer to the Prince George's County Central Committee, or State Central Committee, of a political party, even if the Central Committee supports a candidate. 

(3) A person may not make a payment in violation of this Part IV. 

(f)  Circumventing intent of subtitle prohibited.- An applicant or agent may not take any action, directly or indirectly, with the intent to circumvent the intent of this subtitle. 
 

[An. Code 1957, art. 40A, § 6-602; 1993, ch. 577; 1995, ch. 533, § 2; 2002, ch. 291, § 4.]