SPECIAL ETHICS LAW MEMO
To: Regulated
Lobbyists, Prospective Regulated Lobbyists, Employers, and Interested
Persons
Subject: Lobbying Law Provisions
– Frequently Asked Questions
The lobbying provisions of the Public Ethics Law were amended substantially during both the 2001 and 2002 legislative sessions. This memorandum addresses questions that have been asked frequently of Commission staff regarding the amendments to the law and the Commission’s implementation of the changes. The memorandum has been prepared by the Commission staff based on prior Commission opinions and interpretation of the lobbying provisions, the history of the lobbying registration program, and guidance provided by the report issued by the Study Commission on Lobbyist Ethics (“Study Commission”). Although the Commission has reviewed this document, its contents do not constitute an advisory opinion of the Commission. Should you have any questions related to specific factual situations not addressed by this or other Commission memoranda, you should request advice from the Commission staff.
QUESTIONS AND ANSWERS
A. Lobbying Registration
Requirements
1. How have the registration requirements changed for
persons who “communicate” with officials or employees to influence “legislative
action” or “executive action?”
Answer: The registration requirements set forth in § 15-701 have been amended as follows:
· Raises the threshold of compensation earned from lobbying employers for “in-the-presence of” lobbying from $500 per client to $2,500 cumulatively from all lobbying employers and provides that calculation of the $2,500 include all such communication and activities relating to the communication during the reporting period.
· Raises the expense threshold per client
that requires the person to register as a lobbyist from $100 to
$500.
· Changes the calculation of the $5,000 of
compensation earned from lobbying employers for “not-in-the-presence-of”
lobbying to include all such communication and activities relating
to the communication during the reporting period.
· Changes the amount of expenditure by an entity as
compensation for lobbying activities from $500 to
$2,500.
· Exempts from the expense threshold requirement to register an elementary, secondary, or postsecondary school student or student organization that communicates as part of a course or student activity.
· Exempt from registration volunteer and pro bono activities by
attorneys, who are not employed by the organized bar as regulated lobbyists, in
the course of serving as an officer, committee or section chair, or
representative designated to represent a section, committee, or the organized
bar at large, including:
testimony before either the Senate or the House of Delegates; testimony before a
committee or subcommittee of the Senate or the House of Delegates; communication
with an official or employee of the Legislative Branch or Executive Branch in
the presence of that official or employee; or communication with an official or
employee of the Legislative Branch or Executive Branch not in the presence of
that official or employee.
· If you are a registered lobbyist for any employer or any purpose and you seek to secure a business grant or loan for an employer, you must register as a lobbyist for that employer.
· If you are not a registered lobbyist for any
employer or any purpose and you engage in no other acts during the reporting
period that require registration, you need not register as a lobbyist
for seeking to secure for an employer a business grant or loan for the
purposes of locating, relocating or expanding a business in or into the
State.
· The law did not change with regard to the $100 threshold
for gifts for executive branch lobbying, the procurement registration
requirements, or grassroots lobbying requirements.
2. In a situation in which a lobbyist arranges for a group
to come to Annapolis for an Annapolis Day or a Meet-and-Greet reception, what
are the reporting requirements for a registered lobbyist if no one from the
employer or association is required to register?
Answer: The registered lobbyist is required to report the expenses associated with the activity. This includes compensation paid to the employee(s) and official(s) of the employer or association who participated in the activity as well as related expenses for the lobbying effort.
3. How does the registration exemption work for individuals
testifying before a legislative committee at a lobbyist’s
request?
Answer: If the individual engages in no other activities during the reporting period that require registration, and the individual notifies the committee that he or she is testifying at the request of a regulated lobbyist, the individual is not required to register as a lobbyist. The exemption requires that both conditions be met. If the individual testifies and then follows-up with visits and phone calls to legislators, registration would be required when the compensation, expense or gift giving standard has been met.
4. What are the registration exemptions for executive
branch lobbying?
Answer: If the individual engages in no other actions requiring registration and no gifts are made during the reporting period at or above the $100 threshold:
· Appearances before an executive unit at the request of the executive unit involved. The exemption applies if a person is asked to provide information to a State agency and his or her activity is limited to meetings with agency representatives pursuant to that particular request from the agency. Generally, this will be a documented request and involve a specific and time limited activity.
· Appearances before an executive unit at the specific request of a regulated lobbyist. This exemption is broader than the one above in that it can be triggered by a lobbyist rather than by an agency request, but it is narrower in that it contemplates serving as a witness at something more than a meeting with agency staff. It contemplates a formal structured assembly, hearing, or equivalent. For example, an agency may hold an open meeting to get formal comments on proposed or existing regulations. A lobbyist may want to ask client, staff or other experts to make presentations. Generally, ordinary business contacts with agencies do not include activities that can be considered as witness testimony.
· A person seeking to secure a business grant or loan for the purpose of locating, relocating or expanding a business into the State who is not a regulated lobbyist for any other purpose.
·
A bona fide full-time official or employee of a
business entity seeking to secure a business grant or loan.
5. Are there any general exemptions from the requirement to
register as a lobbyist?
6. If the Executive Director of an organization holds a
special event in Annapolis to educate legislators on the purposes of the
organization, is the Executive Director required to register? Is the organization required to
register?
Answer: The Executive Director would need to register if he or she was “in the presence” for the purpose of influencing legislative action and received cumulative compensation of $2,500 for all such communication and activities. The Commission recognizes that the purpose of special events is to help organization members and State officials get to know each other. This purpose does not exclude the consideration that such events are also designed to create a favorable atmosphere among legislators or members of the executive branch for the consideration of legislative or executive action, present or future. If the organization’s special event expenditures exceed $500 during the given reporting period, it must register as well.
7. If, as part of an organization’s lobbying efforts, they
publish a newsletter that may include articles designed to encourage its members
to “communicate” the organization’s position to legislators, are the members who
do communicate with legislators required to register? What is the obligation of the
organization to advise the members of the registration
requirements?
Answer: The law requires registration for persons who “communicate with officials or employees to influence “legislative action” or “the development or adoption of regulations or the development or issuance of an executive order” to register if they earn at least $5,000 cumulatively as compensation for such activity during the six-month lobbying reporting period. Therefore, if an individual, responding to a “grass roots” publication in fact makes phone calls, sends emails, or otherwise communicates with legislators, and is compensated at least $5,000 cumulatively for these efforts, he or she is required to register.
Organizations implementing grass roots lobbying programs may want to
advise their members of this registration requirement. The organization itself, as a general
matter, is not necessarily required to report the activities of individuals
responding to a grass roots publication to contact officials or
legislators.
8. Is a law firm with registered lobbyists required to
register as a firm where it hosts an event for legislators on behalf of one of
its lobbying clients? What if the
law firm says it is sponsoring the event for marketing purposes, but firm
lobbyists will be attending the reception
“on behalf of” lobbying clients?
Answer: Yes. The event would place the law firm in the presence of legislative officials for the purpose of influencing legislative actions because of the activity of firm attorneys who are lobbyists on behalf of the client. If the expenses for the event exceed $500 during the six-month lobbying reporting period, registration and reporting is required. The lobbyist must be mindful that § 15-713 prohibits the lobbyist from requesting an official or employee to recommend to a potential client the services of a regulated lobbyist.
9. Does a member of the board of directors of a non-profit
organization, who also is the President of his own business that is unrelated to
the non-profit organization, need to register as a lobbyist if he or she comes
to Annapolis and appears as part of the Bond Day activities and
testifies?
Answer: Similar to the Annapolis Day events, the Commission recognizes that the purpose of the statute is to disclose lobbyists’ activities and not to require an infrequent visitor to register and report in situations in which the testimony is limited and part of a standard and recognized legislative process. Absent any additional lobbying activity that takes the individual over the spending or compensation thresholds, the board member is unlikely to reach the compensation standard and because his or her testimony at the request of a regulated lobbyist would be exempt from registration.
10. If a
non-registered individual sits on a State board or commission that is subject to
the Public Ethics Law and has members who are legislators or executive
officials, and the board or commission discusses legislation, must the
individual register as a lobbyist?
Answer: Absent other
facts requiring registration, service on the board with legislators and
executive officials does not trigger the need to register as a lobbyist. The individual serving on the board is a
public official and has a duty of loyalty to the Board.
11. Does an
out-of-State lobbyist who comes into Maryland only a few days each session need
to attend the lobbying training?
Answer: The lobbyist
will need to attend the required training if he or she is registered in any two
consecutive year period. There is
no exception in the law, § 15-205(e)(ii), addressing this circumstance. The Commission anticipates the future
development of a training program that will be available
on-line.
B. MEAL OR RECEPTION FOR A LEGISLATIVE UNIT, INVITATION AND REPORTING
1. What is required to be reported for meal and reception special events?
Answer: If a regulated lobbyist plans to hold a legislative meal or reception event, § 15-708 provides the following general requirements:
· The invitees must be a qualified group. Qualified groups include all members of the General Assembly, either house thereof, all members of any standing committee or all members of a formally recognized (for ethics disclosure purposes) county or regional delegation;
· At least five days before the event, there must be a written invitation to all members of the legislative unit and an invitation disclosure form (Form No. 13E) must be filed with the Department of Legislative Services at 90 State Circle, Annapolis, MD 21401.
· Within fourteen days after the event, the lobbyist must file an expenditure report with the State Ethics Commission, 9 State Circle, Annapolis, MD 21401.
2. Are tickets and free admission to members of a
legislative unit to attend charitable, cultural and political events included in
the disclosure reports required by § 15-708?
Answer: No. Tickets and free admissions to attend charitable, cultural and political events may be extended only by the sponsor of the event and not by a regulated lobbyist. Section 15-704(b)(x) of the Public Ethics Law governs the reporting requirements and requires that the lobbyist report this on the General Lobbyist Activity Report (Ethics Form No. 4) within 30 days after the end of the six-month lobbying reporting period.
3. Do the reporting requirements of § 15-708 apply if the
lobbyist invites a legislative unit to a meeting at which either no food and
beverages or only snacks and beverages are served, but no meal is
served?
Answer: If it is a meeting with no food, beverages or entertainment, the reporting provisions of § 15-708 do not apply. If snacks, finger foods, and/or beverages are served, then the reporting provisions of § 15-708 (the five-day notice on Form 13E and the 14-day report on Form 13F) apply and the reports must be filed.
4. If a lobbyist invites a legislative unit to (a) a
ceremonial reception to which the public is also invited and (b) to a regular
membership meeting of an association, must the lobbyist file a five-day notice
and a fourteen-day report? Does the
lobbyist need to report the “total cost” of the event if only one or two
legislators attend a public event, or should the lobbyist prorate the
legislative share?
Answer: The five-day notice must be filed for both a ceremonial reception to which the public is also invited and for a regular membership meeting of an association to which a legislative unit has been invited. With regard to whether the lobbyist needs to report the “total cost” on the fourteen-day report if only one or two legislators appeared will need to be addressed on an individual basis in accordance with the specific circumstances involved. The Commission staff has received numerous questions related to “total cost” reporting requirement for the event, particularly if the event is open to the public or others and a legislative unit is invited as a matter of courtesy or ceremony. Under these circumstances, the lobbyist should speak to Commission staff for advice. The statute speaks in terms of “total cost” but the Commission’s concern is focused on accurate disclosure of the costs associated with the meals for the legislators and officials. The best practice is to report the total cost, the number of legislators attending, and the per capita cost. Again, any specific questions should be directed to the Commission staff.
5. If a lobbyist hosts a meal or reception for a
legislative unit and, as part of the event, gifts, flowers, or some other
mementos were given to either members of the legislative unit or to Executive
elected officials, how is this expense reported?
Answer: The 14-day report (Form #13F) should include the total cost of the meal or reception, but should not reflect the cost of any gifts, flowers or mementos. Any gifts associated with the meal or reception should be disclosed on line B-6 of the General Lobbying Activity Report (Form #4) filed at the end of the six-month reporting period. If one or more of the four elected Executive officials (Governor, Lt. Governor, Attorney General, or Comptroller) attends the reception, in addition to including the cost related to the official(s) on the 14-day report, a Form #13A or #13B should be submitted with the General Lobbying Activity Report at the end of the reporting period. Gifts of meals and beverages to these four elected Executive officials must be disclosed regardless of the dollar amount.
6. An organization has a ticketed fundraising event for the
organization that is funded solely by its members and does not cost the
organization any money. If members
of the General Assembly are invited to attend and given tickets by the
sponsoring organization, what should be reported on line B-5 of the Lobbying
Activity Report (Form #4)?
Answer: The face value of the ticket should be reported on the Activity Report.
7. If all members of a legislative unit are invited to
speak at a meal or reception of members of an association or entity pursuant to
§ 15-505(c)(2)(vi), are the five-day notice and fourteen-day report
required?
Answer: No. If all members of a legislative unit are
invited to participate on a panel or a speaking engagement at a meeting pursuant
to § 15-505(c)(2)(vi), notice and reporting are not required pursuant to §
15-708. However, the lobbyist must
report the expenses related to this activity on the General Lobbying Activity
Report (Form #4) pursuant to § 15-704(b)(ix).
C. LOBBYIST CAMPAIGN FINANCE ACTIVITY LIMITATIONS
1. What are the limitations on a lobbyist’s ability to
solicit and transmit campaign contributions?
Answer: In accordance with § 15-714, a lobbyist who lobbies the executive or Legislative branch of State government, or a person acting on behalf of the lobbyist may not, for the benefit of the Governor, Lt. Governor, Attorney General, Comptroller, member of the General Assembly or a candidate for these offices engage in the following activities:
· Solicit or transmit a contribution from any person or political committee.
· Serve on a fund raising committee or a political committee.
· Act as a treasurer for a candidate or official, or treasurer, or chairman of a political committee.
· Organize or establish a political committee for the purpose of soliciting or transmitting contributions from any person.
· Forward tickets for fundraising activities or other solicitations for political contributions to a potential contributor.
The Public Ethics Law specifically allows the lobbyist to 1) make a personal political contribution under the Election Law and 2) inform the lobbyist’s employer, or others of the position taken by a particular candidate for office. The law allows activities not specifically prohibited.
2. How does the Commission interpret the language regarding
a person acting on behalf of a lobbyist?
Answer: The purpose of the language is to close the loop-hole that might permit a non-lobbyist to act on behalf of a lobbyist to carry out prohibited campaign finance activities. Persons engaged in soliciting or transmitting contributions should not do so under the direction, supervision, or control of a regulated lobbyist. The test is whether the non-lobbyist is acting on behalf of the lobbyist in carrying out prohibited solicitation and transmittal activities. If a lobbyist or a group of lobbyists owns a law firm or lobbying firm, the Commission generally will presume that the firm’s employees are acting on behalf of a lobbyist.
3. May an Executive Director of a non-profit advocacy
organization who is required to register as a lobbyist participate in PAC
activities?
Answer: Assuming the lobbyist is not serving on a fundraising committee or acting as an officer or treasurer of a committee, the lobbyist may perform very limited ministerial tasks that do not amount to solicitation, transmittal, contribution or organizing a PAC. Great care should be taken to avoid activities that could identify or otherwise directly involve the lobbyist as making, soliciting, transmitting or organizing a committee. For example, lobbyists should not write texts for fundraising appeals; contact, schedule, or attend meetings with potential contributors; facilitate events by contacting potential hosts for fundraising activities; or participate in telemarketing activities. The lobbyist should not direct the staff in these activities and the lobbyist’s name should not appear on contribution solicitations or transmittal documents.
4. Is the Executive Director of a non-profit advocacy
organization who is required to register as a lobbyist permitted to do the
computer bookkeeping for a PAC?
Answer: If the bookkeeping is limited to the use of a computer program and has no soliciting or transmitting activity, it is a permissible activity, but any reports or filings should be signed and delivered by the Treasurer, who is not a lobbyist. The best practice would have the lobbyist avoid any PAC activity in order to assure compliance with the law.
5. May the Executive Director of a non-profit advocacy
organization who is required to register as a lobbyist forward mail to the PAC
chairman? The organization and the
PAC have the same mailing address, and the lobbyist or lobbyist’s staff sorts
the mail.
Answer: The registered lobbyist may not forward solicitations from covered officials or candidates. The best practice under the circumstances is to have separate mailing addresses for the organization and the organization related PAC.
6. What should a registered lobbyist do with fundraising
tickets he or she receives in the mail?
Answer: The lobbyist may accept the tickets for his or her own personal use. The law specifically permits the lobbyist to make personal contributions. The tickets may also be discarded or returned to the sender.
7. If the registered lobbyist returns the tickets to the
sender, may he or she advise the sender of the appropriate mailing address for
his or her employer or employer’s PAC?
If asked by a legislator, may a registered lobbyist provide a list of his
or her employers for political contribution purposes?
Answer: Yes, but it must be done in all instances and without any solicitation language. The answer to the second question is also yes, but the list should include all employers.
8. The law permits political action committees of an
affiliated entity to collect contributions paid voluntarily by members’
voluntary contributions by members through payroll deductions together with
payroll withholdings from employees that are made for the payment of dues to the
affiliated entity. May an employee-lobbyist of the affiliated entity prepare and
send dues billing statements to its members containing a request for a voluntary
contribution to the PAC, assuming the PAC solicits and transmits contributions
to the State officials and candidates covered by the law?
Answer: No. The law specifically prohibits soliciting of contributions. It also should not be done by anyone acting on behalf of the lobbyist.
9. May a contract lobbyist respond to questions from his or
her employer(s) providing advice as to whether or not it should organize a
PAC?
Answer: If the lobbyist is asked, he or she may advise the employer that a PAC may be a good or bad idea. If asked how to organize a PAC, the lobbyist may advise only that the employer should contact the State Board of Elections for that information. The lobbyist should have no other activity related to participating in the organization of a PAC for one of his or her clients.
10. If asked by
an employer about a State official or candidate covered by the law, how should
the lobbyist respond?
Answer: The lobbyist may say anything if he or she does not engage in soliciting, transmitting or other specific conduct prohibited under the statute. The general intent of the legislation is that communication with employers should not be limited except in the circumstances prohibited by the law. For example, a lobbyist may respond to reasonably contemporaneous contribution related questions from his or her employer regarding a State official or candidate. Discussions may include substantive evaluation and may also include specific contribution recommendations if such information is requested. The central test for compliance with § 15-714 is whether the lobbyist’s conduct is in fact a solicitation or transmittal of a contribution in violation of the statute. A key factor in evaluating this activity is whether the lobbyist is responding to an inquiry or initiating a solicitation.
11. If asked by a
legislator, may a lobbyist prepare and give to the legislator a list of
appropriate PAC contact persons for all of his or her
clients?
Answer: Yes, if it is done in response to a legislator’s request for the information, and the list is provided to any legislator who makes such a request.
12. If the owner
of a business that makes occasional political contribution and has an affiliated
PAC finds that he has to register as a lobbyist due to having met the expense
threshold, do the limitations on soliciting or transmitting campaign
contributions affect his business’ political contributions and the affiliated
PAC contribution? The owner of the
business signs all of the checks.
Answer: If the owner of the business were to designate an employee to solicit and transmit a contribution, the employee would appear to be a person acting on behalf of the owner and would be considered to be under the direction and control of the owner. Under the circumstances described, the business and the affiliated PAC would not be able to make political contributions to State officials and candidates covered by the Public Ethics Law.
13. How do the
restrictions on campaign contributions have an impact on lobbyists who choose to
be candidates for elective office?
Answer: Section 15-714 prohibits regulated lobbyists from “soliciting and transmitting” campaign contributions on behalf of the Governor, Lt. Governor, Attorney General, Comptroller, members of the General Assembly or candidates for those offices. It does not prohibit personal contributions. The law also addresses situations in which the regulated lobbyist is a candidate for office. Section 15-714(d)(3) provides that the section does not apply to “…a regulated lobbyist who is a candidate with respect to the regulated lobbyist’s own campaign….” The Commission views this section as allowing the individual to solicit campaign contributions for his or her personal campaign after he or she files the certificate of candidacy with the appropriate elections office. It does not, however, allow the lobbyist-candidate to transfer funds raised by his or her campaign to the benefit of other State officials and candidates covered by the restrictions in the law. Therefore, transfers from the lobbyist-candidate’s campaign to slate and other candidates’ campaign accounts would not be allowed if covered officials and candidates are involved.
14. With regard
to reporting a lobbyist’s personal campaign contributions, what date should be
used to determine the date of the contribution? Does a lobbyist need to report an
independent contribution by a spouse on a joint checking
account?
Answer: The effective date of the contribution is the date it was mailed or delivered. With regard to the joint bank account, the Commission will not “go behind” the signature on the check, and it would presume that the spouse’s check was issued as an independent contribution. However, this is a rebuttable presumption.
15. May a lobbyist solicit
contributions for a major political party?
Answer: If any of the money is to be used for the benefit of a member of the General Assembly or one of the four statewide executive offices or a candidate for one of those offices, the lobbyist may not solicit contributions. If the money is to pay only for administrative and overhead costs of the party’s offices, the solicitation is permissible.
16. May a
lawyer-lobbyist do the legal work to form a PAC for his lobbyist client? May a lawyer-lobbyist do the legal work
to form a PAC for his non-lobbying client?
May a lawyer-lobbyist refer his lobbyist client to a partner in his or
her law firm to do the legal work to form a PAC?
Answer: No.
Section 15-714(d)(iv) prohibits a regulated lobbyist, or a person acting on
behalf of a regulated lobbyist, from organizing or establishing a political
action committee for the benefit of the Governor, Lt. Governor, Attorney
General, Comptroller, or a member of the General Assembly, or a candidate for
any of those offices. The plain
meaning of “organize” is to put in working order, which the drafting of legal
documents would do. The same answer
pertains to doing legal work to form a PAC for a non-lobbying client and for
referring the work to a partner in the firm.
D. INDIVIDUAL LOBBYIST CAMPAIGN CONTRIBUTION REPORTING
1. What lobbyist campaign contributions are reportable
under § 15-707 of the Public Ethics Law?
Answer: At the time
of filing the six-month lobbying activity report, a regulated lobbyist must
disclose on a separate report any
contributions made directly or indirectly by the individual regulated lobbyist during the
reporting period, as required in the Election Article, for the benefit of the
Governor, Lt. Governor, Attorney General, Comptroller, member of the General
Assembly or candidate for election to any of those offices. The lobbyist must report contributions
to a political committee for an applicable candidate or a slate in which the
candidate is a member, contributions to a PAC created to support a specific
candidate or a group of candidates, or a PAC contribution if a contribution is
designated for transfer to a particular candidate or candidates. The lobbyist must also report
contributions which the lobbyist directs or arranges for another person to make
the contribution and the funds contributed may be considered to be the
lobbyist’s funds or, in some special way, under the lobbyist’s control. The contributions must be reported on
Ethics Form #22.
2. Does a lobbyist with multiple clients need to file a
report of contributions form (Ethics Form #22) with each of the General Lobbying
Activity Report forms for each of the lobbyist’s clients, or may the lobbyist
file just one Form #22?
Answer: The lobbyist is required to file only one form #22 during the six-month lobbying reporting period listing all reportable campaign contributions.
E. CAMPAIGN CONTRIBUTION REPORTS BY EMPLOYERS OF LOBBYISTS
1. Section 15-715 of the Public Ethics Law addresses a
lobbyist’s employer’s campaign contribution disclosure that is filed with the
State Board of Elections. How is
this program administered?
Answer: The purpose of the disclosure of campaign contributions is to promote public confidence in government and is similar to a long-standing reporting requirement with the State Board of Elections for persons doing $100,000 or more of business with the State or a local government of the State. Section 15-715 of the Public Ethics Law describes the program and gives the State Board of Elections the authority to prescribe the forms for the disclosure statement and the responsibility to report violations to the Ethics Commission. You should contact the Board of Elections for details of this program (410) 269-2840 or (800) 222-VOTE ext.4, or view their web site: www.elections.state.md.us/.
2. What are the reporting periods for the lobbyist’s
employer’s disclosure program, and are the reporting periods different from the
lobbyist’s reporting periods?
Answer: The lobbyist reporting period are November 1 through the following April 30, and May 1 through the following October 31. The lobbyists’ reports are due to the State Ethics Commission 30 days after the April 30th and October 31st dates.
The Employer’s Contribution Disclosure Form reporting periods are August 1 through January 31 and February 1 through July 31. The reports are due to the Board of Elections five days after the end of the reporting period.
F. LOBBYISTS SERVING ON STATE BOARDS AND COMMISSIONS
1. May lobbyists serve on boards and
commissions?
Answer: Yes, with the following caveats:
Subtitles 5 and 7 of the State Ethics Law (Md. Code Ann., State Gov’t,
Title 15 (Supp. 2002)) address the ability of individual regulated lobbyists to
serve on State boards and commissions.
Subtitle 5 looks at the conflict of interest issues, and subtitle 7
focuses on the lobbying law.
HB 1076, enacted on May 6, 2002, directed the Commission to promulgate
regulations applicable to regulated lobbyists serving on boards and
commissions. The regulations have been approved in
emergency status and have also been
submitted for approval in the normal course. Presently they are published in the
Maryland Register and may be found in 29:20 Md. R. 1605--1611 (October 4,
2002) and the Emergency notice will be at
29:20 Md. R. 1584 (October 4, 2002).
When approved, they will be included in COMAR at 19A.07.01.05 and
.06.
Title 7 (Lobbying)
Generally, boards and commissions are subject to the Ethics Law if they are created by statutory authority, pursuant to an Executive Order having the force of Law, or by regulation. The State Ethics Commission maintains a comprehensive list of boards and commissions governed by the Ethics Law. The Ethics Law does not govern boards or commissions created by Executive Orders not having the force of law, by legislative resolution, or by executive letter. Questions regarding whether a specific board is subject to the jurisdiction of the Ethics Commission should be referred to the Commission.