§ 15-715. Statement by person providing lobbyist compensation and making contributions

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Applicable contribution" means a contribution or series of contributions made to or for the benefit of an applicable recipient in a cumulative amount of more than $ 500. A contribution made to a political committee for an applicable recipient is deemed a contribution to the applicable recipient.

   (3) "Applicable recipient" means a candidate for, or an official holding, any of the following offices:

      (i) Governor;

      (ii) Lieutenant Governor;

      (iii) Attorney General;

      (iv) Comptroller; or

      (v) member of the General Assembly.

(b) Statement required. -- Subject to subsection (h) of this section, a person shall file a statement in accordance with this section if at any time during the reporting period the person:

   (1) spent at least $ 500 to provide compensation to one or more regulated lobbyists; and

   (2) made or caused to be made an applicable contribution.

(c) Filing with State Board of Elections. -- A statement required by this section shall be filed with the State Board of Elections.

(d) Reporting period. --

   (1) The reporting period is the 6-month period ending on either January 31 or July 31.

   (2) The statement shall be filed within 5 days after the end of the reporting period.

(e) Required information. -- The statement required by this section shall be made under oath and shall contain:

   (1) the name of each applicable recipient to whom an applicable contribution was made or caused to be made during the reporting period and, if not previously reported, during the preceding reporting period;

   (2) the office held or sought by each applicable recipient named in item (1) of this paragraph;

   (3) the aggregate contributions made to each applicable recipient;

   (4) the name of each regulated lobbyist employed or retained by the person filing the statement; and

   (5) if a contribution was made by another person but is attributed to the person filing the statement, the name of the person who made the contribution and the relationship of that person to the person filing the statement.

(f) Business entities. -- If the person filing the statement is a business entity:

   (1) (i) an applicable contribution made by an officer, director, or partner of the business entity shall be attributed to the business entity; or

      (ii) a contribution, regardless of amount, if made at the suggestion or direction of the business entity, by an officer, director, partner, employee, agent, or other person, shall be attributed to the business entity;

   (2) each officer, director, or partner of the business entity who makes or causes to be made an applicable contribution shall report the contribution to the chief executive officer of the business entity;

   (3) each officer, director, partner, employee, agent, or other person who makes or causes to be made a contribution, regardless of amount, at the suggestion or direction of the business entity shall report the contribution to the chief executive officer of the business entity;

   (4) applicable contributions made by, or caused to be made by, a subsidiary, 30% or more of the equity of which the business entity owns or controls, shall be attributed to the business entity; and

   (5) if a subsidiary described in item (4) of this subsection made an expenditure to provide compensation to one or more regulated lobbyists, the expenditure shall be attributed to the business entity.

(g) Not for profit organizations. --

   (1) Notwithstanding the requirements of subsection (f) of this section, a contribution made by an individual who serves as a trustee or member of the board of directors or as an officer of a not for profit organization is not attributable to the organization and the individual is not required to report the contribution to the chief executive officer of the organization, unless:

      (i) the contribution is made on the recommendation of the not for profit organization; or

      (ii) the individual who made the contribution is paid by the not for profit organization.

   (2) The State Board of Elections shall adopt regulations that define "officer" for the purposes of this subsection.

(h) Filing under Title 14 of Election Law Article. -- A person who files, under the provisions of Title 14 of the Election Law Article, all information required by this section may satisfy the requirements of this section by submitting a notice to that effect on the appropriate prescribed form.

(i) Duties of State Board of Elections. -- The State Board of Elections shall:

   (1) prescribe and make available forms for the statement and notice required by this section;

   (2) retain each statement filed under this section in the same manner, and subject to the same standards of public access, as a statement filed under the provisions of Title 14 of the Election Law Article; and

   (3) report any violation of this section to the Ethics Commission.

(j) Manner of filing. -- The statement required under this section shall be filed in the manner prescribed for statements filed under Title 14 of the Election Law Article.

(k) Penalties. --

   (1) A person who knowingly and willfully fails to comply with the requirements of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both.

   (2) If a person in violation of this section is a business entity, each officer and partner of a business entity who knowingly authorized or participated in the violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both.

HISTORY: 2001, ch. 631, § 2; 2002, ch. 303, § 2; ch. 405, § 2; 2003, ch. 21, § 1.