| 1 | 1 | | |
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| 2 | 2 | | |
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| 3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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| 4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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| 5 | 5 | | *sb0570* |
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| 6 | 6 | | |
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| 7 | 7 | | SENATE BILL 570 |
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| 8 | 8 | | G2 2lr1897 |
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| 9 | 9 | | |
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| 10 | 10 | | By: Senator Lam |
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| 11 | 11 | | Introduced and read first time: February 2, 2022 |
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| 12 | 12 | | Assigned to: Education, Health, and Environmental Affairs |
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| 13 | 13 | | |
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| 14 | 14 | | A BILL ENTITLED |
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| 15 | 15 | | |
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| 16 | 16 | | AN ACT concerning 1 |
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| 17 | 17 | | |
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| 18 | 18 | | Public Ethics – Former Secretary, Deputy Secretary, or Assistant Secretary of a 2 |
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| 19 | 19 | | Principal Department – Employment Restrictions 3 |
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| 20 | 20 | | |
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| 21 | 21 | | FOR the purpose of prohibiting a certain former official of a principal department in the 4 |
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| 22 | 22 | | Executive Branch from representing or assisting certain entities on certain matters 5 |
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| 23 | 23 | | after leaving State service; and generally relating to public ethics and restrictions on 6 |
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| 24 | 24 | | former officials. 7 |
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| 25 | 25 | | |
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| 26 | 26 | | BY repealing and reenacting, with amendments, 8 |
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| 27 | 27 | | Article – General Provisions 9 |
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| 28 | 28 | | Section 5–504(d) 10 |
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| 29 | 29 | | Annotated Code of Maryland 11 |
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| 30 | 30 | | (2019 Replacement Volume and 2021 Supplement) 12 |
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| 31 | 31 | | |
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| 32 | 32 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 |
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| 33 | 33 | | That the Laws of Maryland read as follows: 14 |
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| 34 | 34 | | |
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| 35 | 35 | | Article – General Provisions 15 |
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| 36 | 36 | | |
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| 37 | 37 | | 5–504. 16 |
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| 38 | 38 | | |
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| 39 | 39 | | (d) (1) Except for a former member of the General Assembly, who shall be 17 |
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| 40 | 40 | | subject to the restrictions provided under paragraph (2) of this subsection, a former official 18 |
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| 41 | 41 | | or employee may not assist or represent a party, other than the State, in a case, a contract, 19 |
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| 42 | 42 | | or any other specific matter for compensation if: 20 |
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| 43 | 43 | | |
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| 44 | 44 | | (i) the matter involves State government; and 21 |
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| 45 | 45 | | |
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| 46 | 46 | | (ii) the former official or employee participated significantly in the 22 |
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| 47 | 47 | | matter as an official or employee. 23 |
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| 48 | 48 | | 2 SENATE BILL 570 |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | (2) (i) In this paragraph, “legislative action” does not include testimony 1 |
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| 52 | 52 | | or other advocacy in an official capacity as a member of the General Assembly before a unit 2 |
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| 53 | 53 | | of State or local government. 3 |
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| 54 | 54 | | |
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| 55 | 55 | | (ii) Except as provided in subparagraph (iii) of this paragraph: 4 |
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| 56 | 56 | | |
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| 57 | 57 | | 1. [a former member of the General Assembly may not assist 5 |
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| 58 | 58 | | or represent another party for compensation in a matter that is the subject of legislative 6 |
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| 59 | 59 | | action for 1 calendar year from the date the member leaves office; and 7 |
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| 60 | 60 | | |
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| 61 | 61 | | 2. a former Governor, Lieutenant Governor, Attorney 8 |
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| 62 | 62 | | General, Comptroller, State Treasurer, or secretary of a principal department of the 9 |
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| 63 | 63 | | Executive Branch] THE FOLLOWING FORMER OFFICIALS may not assist or represent 10 |
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| 64 | 64 | | another party for compensation in a matter that is the subject of legislative action for 1 11 |
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| 65 | 65 | | calendar year from the date the official leaves State office: 12 |
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| 66 | 66 | | |
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| 67 | 67 | | A. A MEMBER OF THE GENERAL ASSEMBLY; 13 |
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| 68 | 68 | | |
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| 69 | 69 | | B. A GOVERNOR; 14 |
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| 70 | 70 | | |
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| 71 | 71 | | C. A LIEUTENANT GOVERNOR; 15 |
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| 72 | 72 | | |
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| 73 | 73 | | D. AN ATTORNEY GENERAL; 16 |
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| 74 | 74 | | |
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| 75 | 75 | | E. A STATE TREASURER; 17 |
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| 76 | 76 | | |
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| 77 | 77 | | F. A SECRETARY, A DEPUTY SECRETARY , OR AN 18 |
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| 78 | 78 | | ASSISTANT SECRETARY OF A PRINCIPAL DEPAR TMENT OF THE EXECUTIVE BRANCH; 19 |
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| 79 | 79 | | OR 20 |
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| 80 | 80 | | |
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| 81 | 81 | | G. A COMPTROLLER ; AND 21 |
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| 82 | 82 | | |
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| 83 | 83 | | 2. A FORMER SECRETARY , DEPUTY SECRETARY , OR 22 |
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| 84 | 84 | | ASSISTANT SECRETARY OF A PRINCIPAL DEPAR TMENT OF THE EXECUTIVE BRANCH 23 |
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| 85 | 85 | | MAY NOT ASSIST OR RE PRESENT ANOTHER PERSON FOR COMPENSATION IF , WITHIN 24 |
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| 86 | 86 | | 1 YEAR BEFORE THE OFFICIAL LEAVES OFFICE, THE PERSON WAS A PARTY TO ONE 25 |
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| 87 | 87 | | OR A COMBINATION OF SALES, PURCHASES, LEASES, OR CONTRACTS TO , FROM, OR 26 |
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| 88 | 88 | | WITH THE STATE, OR ANY UNIT OF THE STATE, INVOLVING CONSIDERAT ION OF 27 |
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| 89 | 89 | | $5,000 OR MORE ON A CUMULATI VE BASIS DURING THE CALENDAR YEAR , 28 |
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| 90 | 90 | | REGARDLESS OF WHEN T HE CONSIDERATION IS TO BE PAID. 29 |
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| 91 | 91 | | |
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| 92 | 92 | | (iii) The limitation under subparagraph (ii) of this paragraph on 30 |
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| 93 | 93 | | representation by a former member of the General Assembly, Governor, Lieutenant 31 |
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| 94 | 94 | | Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal 32 SENATE BILL 570 3 |
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| 95 | 95 | | |
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| 96 | 96 | | |
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| 97 | 97 | | department of the Executive Branch does not apply to representation of a municipal 1 |
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| 98 | 98 | | corporation, county, or State governmental entity. 2 |
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| 99 | 99 | | |
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| 100 | 100 | | SECTION 2. AND BE IT FURTHER ENAC TED, That this Act shall take effect 3 |
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| 101 | 101 | | October 1, 2022. 4 |
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