Maryland 2022 2022 Regular Session

Maryland Senate Bill SB570 Introduced / Bill

Filed 02/02/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0570*  
  
SENATE BILL 570 
G2   	2lr1897 
      
By: Senator Lam 
Introduced and read first time: February 2, 2022 
Assigned to: Education, Health, and Environmental Affairs 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Public Ethics – Former Secretary, Deputy Secretary, or Assistant Secretary of a 2 
Principal Department – Employment Restrictions 3 
 
FOR the purpose of prohibiting a certain former official of a principal department in the 4 
Executive Branch from representing or assisting certain entities on certain matters 5 
after leaving State service; and generally relating to public ethics and restrictions on 6 
former officials.  7 
 
BY repealing and reenacting, with amendments, 8 
 Article – General Provisions 9 
Section 5–504(d)  10 
 Annotated Code of Maryland 11 
 (2019 Replacement Volume and 2021 Supplement) 12 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 
That the Laws of Maryland read as follows: 14 
 
Article – General Provisions 15 
 
5–504. 16 
 
 (d) (1) Except for a former member of the General Assembly, who shall be 17 
subject to the restrictions provided under paragraph (2) of this subsection, a former official 18 
or employee may not assist or represent a party, other than the State, in a case, a contract, 19 
or any other specific matter for compensation if: 20 
 
 (i) the matter involves State government; and 21 
 
 (ii) the former official or employee participated significantly in the 22 
matter as an official or employee. 23 
  2 	SENATE BILL 570  
 
 
 (2) (i) In this paragraph, “legislative action” does not include testimony 1 
or other advocacy in an official capacity as a member of the General Assembly before a unit 2 
of State or local government. 3 
 
 (ii) Except as provided in subparagraph (iii) of this paragraph: 4 
 
 1. [a former member of the General Assembly may not assist 5 
or represent another party for compensation in a matter that is the subject of legislative 6 
action for 1 calendar year from the date the member leaves office; and 7 
 
 2. a former Governor, Lieutenant Governor, Attorney 8 
General, Comptroller, State Treasurer, or secretary of a principal department of the 9 
Executive Branch] THE FOLLOWING FORMER OFFICIALS may not assist or represent 10 
another party for compensation in a matter that is the subject of legislative action for 1 11 
calendar year from the date the official leaves State office: 12 
 
 A. A MEMBER OF THE GENERAL ASSEMBLY; 13 
 
 B. A GOVERNOR; 14 
 
 C. A LIEUTENANT GOVERNOR; 15 
 
 D. AN ATTORNEY GENERAL; 16 
 
 E. A STATE TREASURER; 17 
 
 F. A SECRETARY, A DEPUTY SECRETARY , OR AN 18 
ASSISTANT SECRETARY OF A PRINCIPAL DEPAR TMENT OF THE EXECUTIVE BRANCH; 19 
OR 20 
 
 G. A COMPTROLLER ; AND 21 
 
 2. A FORMER SECRETARY , DEPUTY SECRETARY , OR 22 
ASSISTANT SECRETARY OF A PRINCIPAL DEPAR TMENT OF THE EXECUTIVE BRANCH 23 
MAY NOT ASSIST OR RE PRESENT ANOTHER PERSON FOR COMPENSATION IF , WITHIN 24 
1 YEAR BEFORE THE OFFICIAL LEAVES OFFICE, THE PERSON WAS A PARTY TO ONE 25 
OR A COMBINATION OF SALES, PURCHASES, LEASES, OR CONTRACTS TO , FROM, OR 26 
WITH THE STATE, OR ANY UNIT OF THE STATE, INVOLVING CONSIDERAT ION OF 27 
$5,000 OR MORE ON A CUMULATI VE BASIS DURING THE CALENDAR YEAR , 28 
REGARDLESS OF WHEN T HE CONSIDERATION IS TO BE PAID. 29 
 
 (iii) The limitation under subparagraph (ii) of this paragraph on 30 
representation by a former member of the General Assembly, Governor, Lieutenant 31 
Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal 32   	SENATE BILL 570 	3 
 
 
department of the Executive Branch does not apply to representation of a municipal 1 
corporation, county, or State governmental entity. 2 
 
 SECTION 2. AND BE IT FURTHER ENAC TED, That this Act shall take effect 3 
October 1, 2022. 4