EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . [Brackets] indicate matter deleted from existing law. *hb0166* HOUSE BILL 166 G2, P1 5lr0042 (PRE–FILED) CF SB 185 By: Chair, Environment and Transportation Committee (By Request – Departmental – State Ethics Commission) Requested: September 18, 2024 Introduced and read first time: January 8, 2025 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Maryland Public Ethics Law – State Officials of and Candidates to be State 2 Officials of the Judicial Branch – Conflicts of Interest and Financial Disclosure 3 Statements 4 FOR the purpose of requiring the Commission on Judicial Disabilities, the Judicial Ethics 5 Committee, or another body designated by the Supreme Court of Maryland to 6 administer and implement certain provisions of law relating to conflicts of interest 7 and financial disclosure statements for candidates to be State officials of the Judicial 8 Branch and maintain and make available for public inspection the records and 9 financial disclosure statements of State officials of the Judicial Branch and 10 candidates to be State officials of the Judicial Branch; repealing a requirement that 11 the Supreme Court of Maryland transmit copies of certain financial disclosure 12 statements to the State Ethics Commission; and generally relating to conflicts of 13 interest and financial disclosure statements for State officials of and candidates to 14 be State officials of the Judicial Branch. 15 BY repealing and reenacting, with amendments, 16 Article – General Provisions 17 Section 5–104, 5–606, and 5–610 18 Annotated Code of Maryland 19 (2019 Replacement Volume and 2024 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – General Provisions 23 5–104. 24 2 HOUSE BILL 166 (a) Except as provided in subsections (b) and (c) of this section and in § 5–871 of 1 this title, this title shall be administered and implemented by the Ethics Commission. 2 (b) The Joint Ethics Committee, acting as an advisory body, shall administer and 3 implement Subtitle 5 of this title as it applies to members of the General Assembly. 4 (c) The Commission on Judicial Disabilities, the Judicial Ethics Committee, or 5 another body designated by the Supreme Court of Maryland, acting as an advisory body, 6 shall administer and implement Subtitles 5 and 6 of this title as those subtitles apply to 7 State officials of the Judicial Branch AND CANDIDATES TO BE STATE OFFICIALS OF TH E 8 JUDICIAL BRANCH. 9 5–606. 10 (a) (1) (i) Except as provided in paragraph (3) of this subsection, the Ethics 11 Commission and the Joint Ethics Committee shall maintain the statements submitted 12 under this subtitle and, during normal office hours, make the statements available to the 13 public for examination and copying. 14 (ii) Except as provided in paragraph (2) of this subsection, the Ethics 15 Commission and the Joint Ethics Committee may charge a reasonable fee and adopt 16 administrative procedures for the examination and copying of a statement. 17 (2) Except as provided in paragraph (3) of this subsection, for statements 18 submitted on or after January 1, 2019, the Ethics Commission shall make freely available 19 to the public on the Internet, through an online registration program, a financial disclosure 20 statement required under § 5–601(a) of this subtitle and a preliminary disclosure required 21 under § 5–602(c) of this subtitle that is filed by: 22 (i) a State official; 23 (ii) a candidate for office as a State official; or 24 (iii) a secretary of a principal department in the Executive Branch. 25 (3) The Ethics Commission and the Joint Ethics Committee may not: 26 (i) provide public access to a portion of a statement that is filed after 27 January 1, 2019, and that includes an individual’s home address that the individual has 28 identified as the individual’s home address; or 29 (ii) post on the Internet information related to consideration 30 received that is reported under § 5–607(j) of this subtitle. 31 (b) (1) The Ethics Commission and the Joint Ethics Committee shall maintain 32 a record of: 33 HOUSE BILL 166 3 (i) the name and home address of each individual who examines or 1 copies a statement under this section; and 2 (ii) the name of the individual whose statement was examined or 3 copied. 4 (2) On the request of the individual whose statement was examined or 5 copied, the Ethics Commission or the Joint Ethics Committee shall forward to that 6 individual a copy of the record specified in paragraph (1) of this subsection. 7 (C) THE COMMISSION ON JUDICIAL DISABILITIES, THE JUDICIAL ETHICS 8 COMMITTEE, OR ANOTHER BODY DESIGNATED BY THE SUPREME COURT OF 9 MARYLAND SHALL : 10 (1) MAINTAIN THE RECORDS OF STATE OFFICIALS OF TH E JUDICIAL 11 BRANCH AND CANDIDATES TO BE STATE OFFICIALS OF TH E JUDICIAL BRANCH; AND 12 (2) MAKE THE STATEMENTS SUBMITTED UNDER THIS SUBTITLE 13 AVAILABLE FOR PUBLIC INSPECTIO N. 14 5–610. 15 (a) In accordance with its administrative authority over the Judicial Branch 16 under the Maryland Constitution, the Supreme Court of Maryland shall adopt and 17 administer rules that require each individual specified in § 5–601(b) of this subtitle to file 18 a statement periodically that discloses, as a public record, the information concerning the 19 individual’s financial affairs that the court considers necessary or appropriate to promote 20 continued trust and confidence in the integrity of the Judicial Branch. 21 (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, each 22 candidate for nomination for or election to a judgeship shall file the statement specified in 23 subsection (a) of this section no later than the time the candidate files a certificate of 24 candidacy. 25 (ii) This paragraph does not require the filing of a statement for any 26 year covered in full by a statement filed by the individual under subsection (a) of this 27 section. 28 (2) The statement shall: 29 (i) cover the calendar year immediately preceding the year in which 30 the certificate of candidacy is filed; and 31 (ii) be filed with the election board with which the certificate of 32 candidacy is filed. 33 4 HOUSE BILL 166 (3) An election board may not accept a certificate of candidacy or certificate 1 of nomination of a candidate covered by this subsection unless the candidate has filed each 2 statement required by this section. 3 (4) An election board, within 30 days after receiving a statement under this 4 subsection, shall forward the statement to the entity designated by the Supreme Court of 5 Maryland to receive the statements filed under subsection (a) of this section. 6 [(c) Within 30 days after receiving a statement under this section, the Supreme 7 Court of Maryland or its designee shall transmit a copy of the statement to the Ethics 8 Commission.] 9 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10 1, 2025. 11