Article - General Provisions
(a) 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.
(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.
(1) the Maryland–National
Capital Park and Planning Commission;
(2) the Washington
Suburban Sanitary Commission; or
(3) the Washington
Suburban Transit Commission.
means an executive unit composed of at least two members, all of whom
are appointed and serve on a part–time basis.
entity” means a person engaged in business, whether profit or
nonprofit, regardless of form.
means money or any other valuable thing, regardless of form, received
or to be received by a person from an employer for services rendered.
(g) (1) “Employee”
means an individual who is employed:
(i) by an executive
(ii) by the Legislative
(iii) in the Judicial
does not include:
(i) a public official;
(ii) a State official.
means an entity that pays or agrees to pay compensation to another
entity for services rendered.
(1) a person; or
(2) a government
or instrumentality of government.
doing business with the State” means:
(1) a regulated
(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
(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.
Commission” means the State Ethics Commission.
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.
(m) (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.
(i) a county health
department unless the officials and employees of the department are
expressly designated as local officials in § 5–801 of this
(ii) the office
of the sheriff in each county;
(iii) the office
of the State’s Attorney in each county; and
(iv) the Liquor
Control Board for Somerset County.
(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;
3. the spouse of
an official or employee; or
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;
3. the spouse of
an official or employee.
Assembly” includes a member, committee, or subcommittee of the
(p) (1) “Gift”
means the transfer of anything of economic value, regardless of form,
without adequate and lawful consideration.
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.
unit” means a department, an agency, a commission, a board,
a council, or any other body of State government that is established
(r) (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.
does not include payment for writing a book that has been or is intended
to be published.
family” means an individual’s spouse and dependent children.
(t) (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
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
(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
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
that is publicly traded on a national scale unless the mutual fund
is composed primarily of holdings of stocks and interests in a specific
sector or area that is regulated by the individual’s governmental
Ethics Committee” means the Joint Committee on Legislative Ethics.
(v) (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; or
(ii) a bill presented
to the Governor for signature or veto.
(1) the General
(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.
means performing any act that requires registration under § 5–701
of this title.
(y) (1) “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.
official”, subject to § 5–801 of this title, includes
each member and employee of a board of license commissioners that
the applicable governing body determines is subject to Subtitle 8,
Part II of this title.
of household” means:
(1) if sharing
an individual’s legal residence, the individual’s:
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.
corporation” means a municipality governed by Article XI–E
of the Maryland Constitution.
means either a State official or a public official.
contribution” means a contribution as defined in § 1–101
of the Election Law Article.
political party” means the State Democratic Party or the State
contract” has the meaning stated in § 11–101 of the
State Finance and Procurement Article.
official” means an individual determined to be a public official
under § 5–103 of this subtitle.
relative” means a spouse, parent, child, brother, or sister.
lobbyist” means an entity that is required to register with
the Ethics Commission under § 5–701(a) of this title.
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.
board” means a county board of education or, in Baltimore City,
the Board of School Commissioners.
system” means the educational system under the authority of
a school board.
(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
(4) a judicial
appointee as defined in Maryland Rule 16–814;
(5) a State’s
(6) a clerk of
the circuit court;
(7) a register
of wills; or
(8) a sheriff.
means a county superintendent as defined in § 1–101 of
the Education Article.