PARRIS N. GLENDENING, Governor                             Ch. 533

THE ETHICS COMMISSION SHALL MAKE AVAILABLE TO THE PROSECUTING
AUTHORITY ALL PERTINENT EVIDENCE UNDER ITS CONTROL.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 2-105(d)(13).

Defined terms: "Ethics Commission" § 15-102
"Respondent" § 15-102

15-409. RETENTION OF DOCUMENTS BY PERSONS SUBJECT TO TITLE.

(A)     IN GENERAL.

AN ENTITY THAT IS REQUIRED TO FILE A REPORT, STATEMENT, OR RECORD
UNDER THIS TITLE SHALL OBTAIN EACH ACCOUNT, BILL, RECEIPT, BOOK, PAPER, OR
OTHER DOCUMENT NECESSARY TO COMPLETE AND SUBSTANTIATE THE REPORT OR
STATEMENT.

(B)     PERIOD OF RETENTION.

THE ENTITY SHALL RETAIN THE DOCUMENT FOR 3 YEARS AFTER:

(1)     THE DATE THE REPORT, STATEMENT, OR RECORD WAS FILED; OR

(2)     IF THE REPORT, STATEMENT, OR RECORD IS NOT FILED, THE DATE
THE REPORT, STATEMENT, OR RECORD WAS REQUIRED TO BE FILED.

(C)     INSPECTION BY ETHICS COMMISSION.

ON REQUEST BY THE ETHICS COMMISSION, AND AFTER REASONABLE NOTICE,
THE DOCUMENTS SHALL BE AVAILABLE FOR INSPECTION BY THE ETHICS
COMMISSION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 7-104.

In subsections (a) and (b) of this section, the references to "records" are
retained, although it is unclear what documents other than "reports" and
"statements" are covered by the word "records".

Subsection (b)(2) of this section is new language added to clarify that the
records retention requirements apply even if a report or statement required by
law was never filed.

Defined terms: "Ethics Commission" § 15-102
"Person" § 1-101

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