PARRIS N. GLENDENING, Governor

Ch. 533

Defined terms: "Compensation" § 15-102
"Entity" § 15-102

(H) ENTITY.

"ENTITY" MEANS:

(1)      A PERSON; OR

(2)      A GOVERNMENT OR INSTRUMENTALITY OF GOVERNMENT.

REVISOR'S NOTE: This subsection is new language added to clarify that the
Maryland Public Ethics Law governs the actions of governmental entities that
engage in lobbying, as well as financial relationships between officials or
employees and governmental entities. The term "person" has been
interpreted by the courts not to include governmental entities unless a
definition so states. Because "person" is defined in the State Government
Article without reference to governmental entities, this definition is added.

Defined term: "Person" § 1-101

(I) 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 is new language derived without substantive
change from former Art. 40A, § 1-201(e).

The word "entity" is added to the defined term for clarity.

Defined terms: "Employee" § 15-102
"Executive unit" § 15-102
"Official" § 15-102
"Regulated lobbyist" § 15-102

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