§ 5-607

Maryland § 5-607

• Jurisdiction: Maryland
• Article ggp: General Provisions
• Title: 5

Text

(a) A statement that is required under § 5–601(a) of this subtitle shall contain schedules disclosing the information and interests specified in this section, if known, for the individual making the statement for the applicable period.

(a–1) An individual who is required to disclose the name of a business under this section shall disclose any other names that the business is trading as or doing business as.

(b) (1) The statement shall include a schedule of each interest in real property, wherever located, including each interest held in the name of a partnership, limited liability partnership, or limited liability company in which the individual held an interest.

(2) For each interest reported, the schedule shall include:

(i) the nature of the property;

(ii) the street address, mailing address, or legal description of the property;

(iii) the nature and extent of the interest in the property, including any conditions to and encumbrances on the interest;

(iv) the date and manner in which the interest was acquired;

(v) the identity of the entity from which the interest was acquired;

(vi) if the interest was acquired by purchase, the nature and amount of the consideration given for the interest;

(vii) if the interest was acquired in any other manner, the fair market value of the interest when acquired;

(viii) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred;

2. the nature and amount of the consideration received for the interest; and

3. the identity of the entity to which the interest was transferred; and

(ix) the identity of any other entity with an interest in the property.

(c) (1) The statement shall include a schedule of each interest held by the individual in a corporation, partnership, limited liability partnership, or limited liability company, whether or not the corporation, partnership, limited liability partnership, or limited liability company does business with the State.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal office of the corporation, partnership, limited liability partnership, or limited liability company;

(ii) subject to paragraph (3) of this subsection, the nature and amount of the interest held, including any conditions to and encumbrances on the interest;

(iii) except as provided in paragraph (4) of this subsection, if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired;

2. the identity of the entity from which the interest was acquired;

3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and

4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and

(iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred;

2. the nature and amount of the consideration received for the interest; and

3. if known, the identity of the entity to which the interest was transferred.

(3) (i) As to an equity interest in a corporation, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount:

1. the number of shares held; and

2. unless the corporation’s stock is publicly traded, the percentage of equity interest held.

(ii) As to an equity interest in a partnership, limited liability partnership, or limited liability company, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount, the percentage of equity interest held.

(4) If an interest acquired during the applicable reporting period consists of additions to existing publicly traded corporate interests acquired by dividend or dividend reinvestment, and the total value of the acquisition is less than $500, only the manner of acquisition is required to be disclosed under paragraph (2)(iii) of this subsection.

(d) (1) The statement shall include a schedule of each interest in a business entity doing business with the State, other than interests reported under subsection (c) of this section.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal office of the business entity;

(ii) the nature and amount of the interest held, including any conditions to and encumbrances on the interest;

(iii) if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired;

2. the identity of the entity from which the interest was acquired;

3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and

4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and

(iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred;

2. the nature and amount of the consideration received for the interest; and

3. the identity of the entity to which the interest was transferred.

(e) (1) This subsection does not apply to a gift received from a member of the immediate family, another child, or a parent of the individual.

(2) The statement shall include a schedule of each gift, specified in paragraph (3) of this subsection, received during the applicable period:

(i) by the individual or by another entity at the direction of the individual; and

(ii) directly or indirectly, from or on behalf of an entity that is:

1. a regulated lobbyist;

2. regulated by the State; or

3. otherwise an entity doing business with the State.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the schedule shall include each gift with a value of more than $20 and each of two or more gifts with a cumulative value of $100 or more received from one entity during the applicable period.

(ii) The statement need not include as a gift:

1. food or beverages received and consumed by an official of the Legislative Branch in the presence of the donor or sponsoring entity as part of a meal or reception to which all members of a legislative unit were invited;

2. food or beverages received by a member of the General Assembly at the time and geographic location of a meeting of a legislative organization for which the member’s presiding officer has approved the member’s attendance at State expense; or

3. except as provided in subparagraph (iii) of this paragraph, a ticket or free admission extended to a member of the General Assembly by the person sponsoring or conducting the event as a courtesy or ceremony to the office to attend a charitable, cultural, or political event to which all members of a legislative unit were invited.

(iii) The statement shall include the acceptance of each of two or more tickets or free admissions, extended to a member of the General Assembly by the person sponsoring or conducting the event, with a cumulative value of $100 or more received from one entity during the applicable period.

(4) For each gift subject to this subsection, the schedule shall include:

(i) the nature and value of the gift; and

(ii) the identity of the entity from which the gift was received, whether directly or indirectly.

(5) This subsection does not authorize acceptance of a gift not otherwise allowed by law.

(f) (1) The statement shall include, as specified in this subsection, a schedule of all offices, directorships, and salaried employment, or any similar interest not otherwise disclosed, in business entities doing business with the State.

(2) This subsection applies to positions and interests held at any time during the applicable period by:

(i) the individual; or

(ii) any member of the individual’s immediate family.

(3) For each position or interest reported, this schedule shall include:

(i) the name and address of the principal office of the business entity;

(ii) the nature of the position or interest and the date it commenced;

(iii) the name of each governmental unit with which the entity is doing business; and

(iv) the nature of the business with the State, which, at a minimum, shall be specified by reference to the applicable criteria of doing business described in § 5–101(j) of this title.

(g) (1) The statement shall include a schedule, to the extent the individual may reasonably be expected to know, of each debt, excluding retail credit accounts, owed at any time during the applicable period to entities doing business with or regulated by the individual’s governmental unit:

(i) by the individual; and

(ii) if the individual was involved in the transaction giving rise to the debt, by any member of the immediate family of the individual.

(2) For each debt, the schedule shall include:

(i) the identity of the entity to which the debt was owed;

(ii) the date it was incurred;

(iii) the amount owed at the end of the applicable period;

(iv) the terms of payment;

(v) the extent to which the principal was increased or decreased during the applicable period; and

(vi) any security given.

(h) The statement shall include a schedule listing the members of the immediate family of the individual who were employed by the State in any capacity at any time during the applicable period.

(i) (1) Except as provided in paragraph (2) of this subsection, the statement shall include a schedule listing the name and address of each:

(i) source of the compensated employment, including secondary employment, of the individual or a member of the individual’s immediate family at any time during the applicable period;

(ii) business entity of which the individual or a member of the individual’s immediate family was a sole or partial owner, and from which the individual or family member received earned income, at any time during the applicable period; and

(iii) for a statement filed on or after January 1, 2019, if the individual’s spouse is a regulated lobbyist, entity that has engaged the spouse for lobbying purposes.

(2) The statement may not include a listing of a minor child’s employment or business entities of which the child is sole or partial owner, unless the place of employment or the business entity:

(i) is subject to the regulation or authority of the agency that employs the individual; or

(ii) has contracts in excess of $10,000 with the agency that employs the individual.

(j) (1) The statement shall include a schedule of any financial or contractual relationship with:

(i) the University of Maryland Medical System;

(ii) a governmental entity of the State or a local government in the State; or

(iii) a quasi–governmental entity of the State or local government in the State.

(2) Except as provided in paragraph (3) of this subsection, for each financial or contractual relationship, the schedule shall include a description of the relationship, the subject matter of the relationship, and the consideration.

(3) An individual, other than a State official or candidate to be a State official, may not be required to disclose the individual’s employment as a public official.

(k) To the extent not reported under subsections (a) through (j) of this section, a statement filed on or after January 1, 2023 by the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller shall include:

(1) the name of each for–profit business entity in which the individual has a 10% or greater interest; and

(2) the name of each person who owns a 10% or greater interest in any entity disclosed under item (1) of this subsection.

(l) The statement may include a schedule listing additional interests or information that the individual chooses to disclose.

(m) To the extent not reported under subsections (a) through (j) of this section, a statement filed by a member of the General Assembly shall include:

(1) the information required under § 5–514(b) of this title; and

(2) an acknowledgment, signed by the member, that any information required under § 5–514(b) of this title that becomes reportable after the statement is filed shall be reported immediately to the Joint Ethics Committee as required by § 5–514(b) of this title.