2018 Maryland Code
General Provisions
Title 5 - Maryland Public Ethics Law
Subtitle 1 - Definitions; General Provisions
§ 5-101. Definitions
(a) In general. -- In this title the following words have the meanings indicated unless:
(1) the context clearly requires a different meaning; or
(2) a different definition is adopted for a particular provision.** REVISOR'S NOTE This subsection formerly was SG § 15-102(a).** REVISOR'S NOTE No changes are made.
(b) Advisory body. -- "Advisory body" means:
(1) a governmental unit designated by the Court of Appeals to give advice with respect to the application or interpretation of Subtitles 5 and 6 of this title to a State official of the Judicial Branch;
(2) the Joint Ethics Committee, for questions arising under Subtitle 5 of this title regarding a State official of the Legislative Branch; or
(3) the Ethics Commission, for all other questions.** REVISOR'S NOTE This subsection is new language derived without substantive change from former SG § 15-102(b).** REVISOR'S NOTE In item (1) of this subsection, the phrase "to give advice with respect to the application or interpretation of" is substituted for the former phrase "for the purpose of issuing advisory opinions as to questions arising under" for consistency with Maryland Rule 16-812.1(i)(2) which provides that the Judicial Ethics Committee is designated as the body to give advice with respect to the application or interpretation of any provision of Code, State Government Article, Title 15, Subtitles 5 and 6, to a State official in the Judicial Branch.** DEFINED TERMS: "Ethics Commission" § 5-101 ** DEFINED TERMS: "Governmental unit" § 5-101 ** DEFINED TERMS: "Joint Ethics Committee" § 5-101 ** DEFINED TERMS: "State official" § 5-101 **
(c) Bicounty commission. -- "Bicounty commission" means: **
(1) the Maryland-National Capital Park and Planning Commission; **
(2) the Washington Suburban Sanitary Commission; or **
(3) the Washington Suburban Transit Commission.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(c).
REVISOR'S NOTE
No changes are made. **
(d) Board. -- "Board" means an executive unit composed of at least two members, all of whom are appointed and serve on a part-time basis.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former SG § 15-102(d).
DEFINED TERM:
"Executive unit" § 5-101
**
(e) Business entity. -- "Business entity" means a person engaged in business, whether profit or nonprofit, regardless of form.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(e).
REVISOR'S NOTE
No changes are made.
"Person" § 1-114
**
(f) Compensation. -- "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person from an employer for services rendered.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(f)(1).
REVISOR'S NOTE
No changes are made.
DEFINED TERMS:
"Employer" § 5-101
DEFINED TERMS:
"Person" § 1-114
**
(g) Employee. -- **
(1) "Employee" means an individual who is employed: **
(i) by an executive unit; **
(ii) by the Legislative Branch; or **
(iii) in the Judicial Branch. **
(2) "Employee" does not include: **
(i) a public official; or **
(ii) a State official.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(g).
REVISOR'S NOTE
No changes are made.
"Executive unit" § 5-101
"Public official" § 5-101
"State official" § 5-101
**
(h) Employer. -- "Employer" means an entity that pays or agrees to pay compensation to another entity for services rendered.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(h).
REVISOR'S NOTE
No changes are made.
"Compensation" § 5-101
"Entity" § 5-101
**
(i) Entity. -- "Entity" means: **
(1) a person; or **
(2) a government or instrumentality of government.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(i).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"Person" § 1-114
**
(j) Entity doing business with the State. -- "Entity doing business with the State" means: **
(1) a regulated lobbyist; **
(2) an entity regulated by the executive unit of the applicable official or employee; or **
(3) an entity that is a party to one or a combination of sales, purchases, leases, or contracts to, from, or with the State, or any unit of the State, involving consideration: **
(i) of at least $ 5,000 on a cumulative basis during the calendar year for which a statement required by Subtitle 6 of this title is filed, regardless of when the consideration is to be paid; and **
(ii) which shall include, as of the award or execution of a contract or lease, the total consideration committed to be paid under the contract or lease, to the extent ascertainable when awarded or executed, regardless of the period over which payments are to be made.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(j).
REVISOR'S NOTE
No changes are made.
DEFINED TERMS:
"Employee" § 5-101
DEFINED TERMS:
"Entity" § 5-101
DEFINED TERMS:
"Executive unit" § 5-101
DEFINED TERMS:
"Official" § 5-101
DEFINED TERMS:
"Regulated lobbyist" § 5-101
DEFINED TERMS:
"State" § 1-115
**
(k) Ethics Commission. -- "Ethics Commission" means the State Ethics Commission.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(k).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"State" § 1-115
**
(l) Executive action. -- "Executive action" means an act: **
(1) for which the Executive Branch of State government is responsible; and **
(2) that is taken by an official or employee of the Executive Branch.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(l).
REVISOR'S NOTE
The only changes are in style.
DEFINED TERMS:
"Employee" § 5-101
DEFINED TERMS:
"Official" § 5-101
DEFINED TERMS:
"State" § 1-115
**
(m) Executive unit. -- **
(1) "Executive unit" means a department, agency, commission, board, council, or other body of State government that: **
(i) is established by law; and **
(ii) is not in the Legislative Branch or the Judicial Branch of State government. **
(2) "Executive unit" includes: **
(i) a county health department unless the officials and employees of the department are expressly designated as local officials in § 5-801 of this title; **
(ii) the office of the sheriff in each county; and **
(iii) the office of the State's Attorney in each county. **
(n) Financial interest. -- "Financial interest" means: **
(1) ownership of an interest as the result of which the owner has received within the past 3 years, is currently receiving, or in the future is entitled to receive, more than $ 1,000 per year; or **
(2) (i) ownership of more than 3% of a business entity by: **
1. an official; **
2. an employee; or **
3. the spouse of an official or employee; or **
(ii) ownership of securities of any kind that represent, or are convertible into, ownership of more than 3% of a business entity by: **
1. an official; **
2. an employee; or **
3. the spouse of an official or employee.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(n).
REVISOR'S NOTE
No changes are made.
"Business entity" § 5-101
"Employee" § 5-101
"Interest" § 5-101
"Official" § 5-101
**
(o) General Assembly. -- "General Assembly" includes a member, committee, or subcommittee of the General Assembly.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(o).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"Includes" § 1-110
**
(p) Gift. -- **
(1) "Gift" means the transfer of anything of economic value, regardless of form, without adequate and lawful consideration. **
(2) "Gift" does not include the solicitation, acceptance, receipt, or regulation of a political contribution that is regulated in accordance with: **
(i) the Election Law Article; or **
(ii) any other State law regulating: **
1. the conduct of elections; or **
2. the receipt of political contributions.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(p).
REVISOR'S NOTE
No changes are made.
DEFINED TERMS:
"Political contribution" § 5-101
DEFINED TERMS:
"State" § 1-115
**
(q) Governmental unit. -- "Governmental unit" means a department, an agency, a commission, a board, a council, or any other body of State government that is established by law.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former SG § 15-102(q).
REVISOR'S NOTE
The former reference to governmental unit "includes an executive unit" is deleted as surplusage.
"Board" § 5-101
"State" § 1-115
**
(r) Honorarium. -- **
(1) "Honorarium" means the payment of money or anything of value for:**
(i) speaking to, participating in, or attending a meeting or other function; or **
(ii) writing an article that has been or is intended to be published. **
(2) "Honorarium" does not include payment for writing a book that has been or is intended to be published.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(r).
REVISOR'S NOTE
No changes are made.
REVISOR'S NOTE
The General Provisions Article Review Committee notes, for consideration by the General Assembly, that the definition of "honorarium" in this subsection is grammatically incorrect since an honorarium is not the act of paying, which is how the definition is worded, but is instead the actual payment itself. The General Assembly may wish to amend the definition of "honorarium" to be consistent with the commonly understood definition of the term. **
(s) Immediate family. -- "Immediate family" means an individual's spouse and dependent children.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(s).
REVISOR'S NOTE
No changes are made. **
(t) Interest. -- **
(1) "Interest" means a legal or equitable economic interest that is owned or held wholly or partly, jointly or severally, or directly or indirectly, whether or not the economic interest is subject to an encumbrance or condition. **
(2) "Interest" does not include: **
(i) an interest held in the capacity of agent, custodian, fiduciary, personal representative, or trustee, unless the holder has an equitable interest in the subject matter; **
(ii) an interest in a time or demand deposit in a financial institution; **
(iii) an interest in an insurance policy, endowment policy, or annuity contract under which an insurer promises to pay a fixed amount of money in a lump sum or periodically for life or a specified period; **
(iv) a common trust fund or a trust that forms part of a pension or a profit-sharing plan that: **
1. has more than 25 participants; and **
2. is determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code or a qualified tuition plan established pursuant to Section 529 of the Internal Revenue Code; or **
(v) a mutual fund or exchange-traded fund that is publicly traded on a national scale unless the mutual fund or exchange-traded fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the individual's governmental unit. **
(u) Joint Ethics Committee. -- "Joint Ethics Committee" means the Joint Committee on Legislative Ethics.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(u).
REVISOR'S NOTE
No changes are made. **
(v) Legislative action. -- **
(1) "Legislative action" means an official action or nonaction relating to: **
(i) a bill, a resolution, an amendment, a nomination, an appointment, a report, or any other matter within the jurisdiction of the General Assembly; **
(ii) a bill presented to the Governor for signature or veto; or**
(iii) testimony or other advocacy in an official capacity as a member of the General Assembly before a unit of State or local government. **
(2) "Legislative action" includes: **
(i) introduction; **
(ii) sponsorship; **
(iii) consideration; **
(iv) debate; **
(v) amendment; **
(vi) passage; **
(vii) defeat; **
(viii) approval; and **
(ix) veto.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(v).
REVISOR'S NOTE
In paragraph (2)(viii) of this subsection, the word "and" is substituted for the former word "or" since "and" is the more appropriate conjunction when used in a definition following "includes".
REVISOR'S NOTE
The only other changes are in style.
"General Assembly" § 5-101
"Includes" § 1-110
**
(w) Legislative unit. -- "Legislative unit" means: **
(1) the General Assembly; **
(2) either house of the General Assembly; **
(3) a standing committee of the General Assembly, provided that the presiding officer of the House of Delegates and the presiding officer of the Senate shall be deemed an ex officio member of any standing committee of the presiding officer's chamber; or **
(4) a county or regional delegation of members of the General Assembly that is recognized by a presiding officer of the General Assembly.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(w).
REVISOR'S NOTE
In item (3) of this subsection, the reference to "the presiding officer of the House of Delegates and the presiding officer of the Senate" is substituted for the former reference to "the presiding officer of the House of Delegates or Senate" for clarity.
REVISOR'S NOTE
The only other changes are in style.
"County" § 1-107
"General Assembly" § 5-101
**
(x) Lobbying. -- "Lobbying" means performing any act that requires registration under § 5-702 of this title.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(x)(1).
REVISOR'S NOTE
The only changes are in style. **
(y) Local official. -- "Local official", subject to § 5-801 of this title, means an official, officer, or employee of a county or municipal corporation that the governing body of the county or municipal corporation determines is subject to Subtitle 8, Part II of this title. **
(z) Member of household. -- "Member of household" means: **
(1) if sharing an individual's legal residence, the individual's: **
(i) spouse; **
(ii) child; **
(iii) ward; **
(iv) financially dependent parent; or **
(v) other financially dependent relative; or **
(2) an individual's spouse, child, ward, parent, or other relative, over whose financial affairs the individual has legal or actual control.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(z).
REVISOR'S NOTE
No changes are made. **
(aa) Municipal corporation. -- "Municipal corporation" means a municipality governed by Article XI-E of the Maryland Constitution.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(aa).
REVISOR'S NOTE
No changes are made. **
(bb) Official. -- "Official" means either a State official or a public official.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(bb).
REVISOR'S NOTE
No changes are made.
"Public official" § 5-101
"State official" § 5-101
**
(cc) Political contribution. -- "Political contribution" means a contribution as defined in § 1-101 of the Election Law Article.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(cc).
REVISOR'S NOTE
The only changes are in style. **
(dd) Principal political party. -- "Principal political party" means the State Democratic Party or the State Republican Party.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(dd).
REVISOR'S NOTE
No changes are made. **
(ee) Procurement contract. -- "Procurement contract" has the meaning stated in § 11-101 of the State Finance and Procurement Article.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(ee).
REVISOR'S NOTE
The only changes are in style. **
(ff) Public official. -- "Public official" means an individual determined to be a public official under § 5-103 of this subtitle.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(ff).
REVISOR'S NOTE
The only changes are in style. **
(gg) Qualifying relative. -- "Qualifying relative" means a spouse, parent, child, brother, or sister.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(gg).
REVISOR'S NOTE
No changes are made. **
(hh) Regulated lobbyist. -- "Regulated lobbyist" means an entity that is required to register with the Ethics Commission under § 5-702(a) of this title.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(hh).
REVISOR'S NOTE
The only changes are in style.
"Entity" § 5-101
"Ethics Commission" § 5-101
**
(ii) Respondent. -- "Respondent" means any of the following that is the subject of a complaint before the Ethics Commission: **
(1) an official; **
(2) an employee; **
(3) a candidate for office as a State official; **
(4) an entity subject to Subtitle 7 of this title; or **
(5) an entity subject to § 5-512 of this title.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(ii).
REVISOR'S NOTE
The only changes are in style.
"Employee" § 5-101
"Entity" § 5-101
"Ethics Commission" § 5-101
"Official" § 5-101
"State official" § 5-101
**
(jj) School board. -- "School board" means a county board of education or, in Baltimore City, the Board of School Commissioners.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(jj).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"County" § 1-107
**
(kk) School system. -- "School system" means the educational system under the authority of a school board.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(kk).
REVISOR'S NOTE
No changes are made.
"School board" § 5-101
**
(ll) State official. -- "State official" means: **
(1) a constitutional officer or officer-elect in an executive unit; **
(2) a member or member-elect of the General Assembly; **
(3) a judge or judge-elect of a court under Article IV, § 1 of the Maryland Constitution; **
(4) a judicial appointee as defined in Maryland Rule 18-200.3; **
(5) a State's Attorney; **
(6) a clerk of the circuit court; **
(7) a register of wills; or **
(8) a sheriff.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(ll).
REVISOR'S NOTE
The only changes are in style.
DEFINED TERMS:
"Executive unit" § 5-101
DEFINED TERMS:
"General Assembly" § 5-101
DEFINED TERMS:
"State" § 1-115
**
(mm) Superintendent. -- "Superintendent" means a county superintendent as defined in § 1-101 of the Education Article.
REVISOR'S NOTE
This subsection formerly was SG § 15-102(mm).
REVISOR'S NOTE
No changes are made.
