Caroline County, MD Lobbying

§ 33-17 Filing of Lobbying registration.

Except as provided in Subsection C, a Lobbyist shall file a Lobbying registration with the Commission:

On or before the beginning of the calendar year in which the Lobbyist expects to engage in Lobbying; or

Within five days after engaging in Lobbying activities.

A Lobbyist who engages in Lobbying on behalf of more than one Person shall file a separate Lobbying registration with respect to each Person.

A Person who engages in Lobbying for the purpose of influencing the comprehensive rezoning process is not required to file a Lobbying registration, provided that the Person:

(1)

Does not engage in activities described in Subsection B of the Lobbyist definition set out in § 33-1; and

(2)

Registers with the Executive Assistant to the County Commissioners not later than five days after the last Lobbying activity.

The Lobbying registration shall:

(1)

Be made a permanent part of the County Commissioners' records; and

(2)

Be available for public inspection.

§ 33-18 Form and content of registration.

The Lobbying registration shall be on a form approved by the Commission.

The Lobbying registration form shall require the following information:

(1)

The Lobbyist's full legal name and permanent address;

(2)

If the Lobbyist is not an individual, the full and legal name and address of an authorized officer or agent of the Lobbyist;

(3)

The full and legal name, address, and nature of business of the Person on whose behalf the Lobbyist acts;

(4)

The written authorization of:

(a)

The Person on whose behalf the Lobbyist acts; or

(b)

If the Person is a corporation, an authorized officer or agent of the corporation who is not the Lobbyist;

(5)

Identification of matters on which the Lobbyist expects to act;

(6)

Identification of the period of time not to exceed one year that the Lobbyist is authorized to engage in Lobbying on behalf of another Person unless terminated;

(7)

The full legal signature of the Lobbyist or, if the Lobbyist is not an individual, of the authorized officer or agent that is listed on the registration as required under Subsection B(4)(b) of this section;

(8)

The signature of the Person or the Person's authorized officer or agent on whose behalf the Lobbyist acts; and

(9)

The date that the registration is submitted.

§ 33-19 Termination of registration.

A Lobbyist may terminate the Lobbying registration by providing the Commission with:

(1)

Written notice of termination; and

(2)

Reports required under this chapter that may be outstanding.

A termination is effective 30 days after the Commission receives a properly filed notice.

§ 33-20 Contingency Compensation prohibited.

A Person may not engage in Lobbying on behalf of another Person for Compensation that is contingent on the passage or defeat of an action by the County Commissioners or any other Public Official.

§ 33-21 Annual report.

A Lobbyist shall file an annual report, signed by the Lobbyist or, if the Lobbyist is not an individual, by an authorized officer or agent of the Lobbyist with the Commission on or before January 31 covering the preceding calendar year in which the Lobbyist engaged in Lobbying.

The Lobbyist shall file a separate annual report for each Person the Lobbyist represented.

The report shall include:

(1)

A complete and current statement of the information required under § 33-18 of this chapter.

(2)

The total expenditure on Lobbying activities in each of the following categories:

(a)

Office expenses of the Lobbyist;

(b)

Professional and technical research and assistance, not reported in Subsection C(4) of this section;

(c)

Publications that expressly encourage Persons to communicate with Public Officials;

(d)

Names of witnesses and the fees and expenses paid to each;

(e)

Meals and beverages for Public Officials or their spouses or dependent children;

(f)

Special events, including parties, dinners, athletic events, entertainment, and other functions to which all of the County Commissioners are invited;

(g)

Reasonable expenses for food, lodging, and scheduled entertainment of Public Officials given in return for participation in a panel or speaking engagement;

(h)

Other Gifts to or for Public Officials or their spouses or dependent children; and

(i)

Other expenses.

(3)

Except for Gifts reported in Subsection C(2)(f) and (g) of this section, the report shall include the name of each Public Official or the Public Official's spouse or dependent child who has benefited from Gifts from the Lobbyist that have a cumulative value of $150 or more during the period covered by the report, whether or not given in connection with Lobbying activities.

(4)

When the cumulative value of $150 is met or exceeded, all succeeding Gifts also shall be included in the report itemized by date, beneficiary, amount or value, and nature of the Gift.

(5)

Expenses reported in Subsection C(2)(f) and (g) of this section shall be itemized as to date, location, and expense of the event, but the name of the Public Official does not need to be included.

(6)

The report shall include the total Compensation paid to the Lobbyist not including salaries, Compensation, or reimbursed expenses for the staff of the Lobbyist, provided that if Lobbying is only a portion of a Lobbyist's employment, the Lobbyist shall:

(a)

Prorate the amount of Compensation based on the time devoted to other employment duties; and

(b)

For reporting purposes, identify the prorated amounts.

§ 33-22 Notification of Public Official named in annual report.

If an annual report filed under § 33-21 of this chapter contains the name of a Public Official or the Public Official's spouse, parent, child, brother, or sister, the Commission shall:

(1)

Notify the Public Official within 30 days after the receipt of the report; and

(2)

Keep the annual report confidential for 60 days after the receipt of the report.

Within 30 days after receiving the notification provided under Subsection A of this section, a Public Official may file a written exception to the inclusion of the Public Official's name, or the name of the Public Official's spouse, parent, child, brother, or sister in the annual report.

§ 33-23 General filing exemption.

A Person who would be required to file an annual report under § 33-21 of this chapter is not required to file the annual report if the Person:

(1)

Reasonably believes that all expenses incurred in connection with the Person's Lobbying activities will be reported under § 33-21 of this Article by a properly registered Lobbyist acting on the Person's behalf; and

(2)

Has completed the authorization required under § 33-18 of this chapter.

A Person who is exempt under this section:

(1)

Shall engage in due diligence to ensure that the Person's expenses are reported as authorized under Subsection A of this section; and

(2)

Is subject to the provisions of this chapter within a reasonable time after learning of the failure of the registered Lobbyist to report information required by this Article.

§ 33-24 Other reports.

The Commission may require Lobbyists to submit other reports that the Commission considers necessary to further the policies of this Article.

§ 33-25 Retention and inspection of documents.

The Commission or an office designated by the Commission shall:

(1)

Maintain all registrations and reports filed under this Article; and

(2)

Subject to Subsection B of this section, make the registrations and reports available during normal office hours for examination and copying by the public.

The Commission may establish administrative procedures for public examination and copying of records, in accordance with state law.

The Commission or an office designated by the Commission shall retain registrations and reports for four years after the date of receipt.

§ 33-26 Omissions or deficiencies in reports.

After the Commission reviews a Lobbying registration or annual report filed under this chapter for compliance with the provisions of this chapter, the Commission shall notify the Lobbyist of any omissions or deficiencies in the Lobbying registration or annual report.

If a Lobbyist does not correct the omission or deficiency within 30 days after notification, the Commission shall refer evidence of noncompliance to the County Attorney for appropriate action under the enforcement provisions of this chapter.

§ 33-27 Criminal enforcement.

A Person who knowingly and willfully violates the provisions of this Article is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days, or both.

If the Person is a Business Entity, each officer and partner of the Business Entity who knowingly authorized or participated in the violation is guilty of a misdemeanor and, on conviction, is subject to the same penalties as the Business Entity.