| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0166* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 166 | |
| 11 | 8 | G2, P1 5lr0042 | |
| 12 | 9 | (PRE–FILED) CF SB 185 | |
| 13 | 10 | By: Chair, Environment and Transportation Committee (By Request – | |
| 14 | 11 | Departmental – State Ethics Commission) | |
| 15 | 12 | Requested: September 18, 2024 | |
| 16 | 13 | Introduced and read first time: January 8, 2025 | |
| 17 | 14 | Assigned to: Environment and Transportation | |
| 18 | - | Committee Report: Favorable | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: February 22, 2025 | |
| 21 | 15 | ||
| 22 | - | ||
| 16 | + | A BILL ENTITLED | |
| 23 | 17 | ||
| 24 | 18 | AN ACT concerning 1 | |
| 25 | 19 | ||
| 26 | 20 | Maryland Public Ethics Law – State Officials of and Candidates to be State 2 | |
| 27 | 21 | Officials of the Judicial Branch – Conflicts of Interest and Financial Disclosure 3 | |
| 28 | 22 | Statements 4 | |
| 29 | 23 | ||
| 30 | 24 | FOR the purpose of requiring the Commission on Judicial Disabilities, the Judicial Ethics 5 | |
| 31 | 25 | Committee, or another body designated by the Supreme Court of Maryland to 6 | |
| 32 | 26 | administer and implement certain provisions of law relating to conflicts of interest 7 | |
| 33 | 27 | and financial disclosure statements for candidates to be State officials of the Judicial 8 | |
| 34 | 28 | Branch and maintain and make available for public inspection the records and 9 | |
| 35 | 29 | financial disclosure statements of State officials of the Judicial Branch and 10 | |
| 36 | 30 | candidates to be State officials of the Judicial Branch; repealing a requirement that 11 | |
| 37 | 31 | the Supreme Court of Maryland transmit copies of certain financial disclosure 12 | |
| 38 | 32 | statements to the State Ethics Commission; and generally relating to conflicts of 13 | |
| 39 | 33 | interest and financial disclosure statements for State officials of and candidates to 14 | |
| 40 | 34 | be State officials of the Judicial Branch. 15 | |
| 41 | 35 | ||
| 42 | 36 | BY repealing and reenacting, with amendments, 16 | |
| 43 | 37 | Article – General Provisions 17 | |
| 44 | 38 | Section 5–104, 5–606, and 5–610 18 | |
| 45 | 39 | Annotated Code of Maryland 19 | |
| 46 | 40 | (2019 Replacement Volume and 2024 Supplement) 20 | |
| 47 | 41 | ||
| 48 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 21 2 HOUSE BILL 166 | |
| 42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
| 43 | + | That the Laws of Maryland read as follows: 22 | |
| 44 | + | ||
| 45 | + | Article – General Provisions 23 | |
| 46 | + | ||
| 47 | + | 5–104. 24 | |
| 48 | + | 2 HOUSE BILL 166 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | That the Laws of Maryland read as follows: 1 | |
| 51 | + | (a) Except as provided in subsections (b) and (c) of this section and in § 5–871 of 1 | |
| 52 | + | this title, this title shall be administered and implemented by the Ethics Commission. 2 | |
| 52 | 53 | ||
| 53 | - | Article – General Provisions 2 | |
| 54 | + | (b) The Joint Ethics Committee, acting as an advisory body, shall administer and 3 | |
| 55 | + | implement Subtitle 5 of this title as it applies to members of the General Assembly. 4 | |
| 54 | 56 | ||
| 55 | - | 5–104. 3 | |
| 57 | + | (c) The Commission on Judicial Disabilities, the Judicial Ethics Committee, or 5 | |
| 58 | + | another body designated by the Supreme Court of Maryland, acting as an advisory body, 6 | |
| 59 | + | shall administer and implement Subtitles 5 and 6 of this title as those subtitles apply to 7 | |
| 60 | + | State officials of the Judicial Branch AND CANDIDATES TO BE STATE OFFICIALS OF TH E 8 | |
| 61 | + | JUDICIAL BRANCH. 9 | |
| 56 | 62 | ||
| 57 | - | (a) Except as provided in subsections (b) and (c) of this section and in § 5–871 of 4 | |
| 58 | - | this title, this title shall be administered and implemented by the Ethics Commission. 5 | |
| 63 | + | 5–606. 10 | |
| 59 | 64 | ||
| 60 | - | (b) The Joint Ethics Committee, acting as an advisory body, shall administer and 6 | |
| 61 | - | implement Subtitle 5 of this title as it applies to members of the General Assembly. 7 | |
| 65 | + | (a) (1) (i) Except as provided in paragraph (3) of this subsection, the Ethics 11 | |
| 66 | + | Commission and the Joint Ethics Committee shall maintain the statements submitted 12 | |
| 67 | + | under this subtitle and, during normal office hours, make the statements available to the 13 | |
| 68 | + | public for examination and copying. 14 | |
| 62 | 69 | ||
| 63 | - | (c) The Commission on Judicial Disabilities, the Judicial Ethics Committee, or 8 | |
| 64 | - | another body designated by the Supreme Court of Maryland, acting as an advisory body, 9 | |
| 65 | - | shall administer and implement Subtitles 5 and 6 of this title as those subtitles apply to 10 | |
| 66 | - | State officials of the Judicial Branch AND CANDIDATES TO BE STATE OFFICIAL S OF THE 11 | |
| 67 | - | JUDICIAL BRANCH. 12 | |
| 70 | + | (ii) Except as provided in paragraph (2) of this subsection, the Ethics 15 | |
| 71 | + | Commission and the Joint Ethics Committee may charge a reasonable fee and adopt 16 | |
| 72 | + | administrative procedures for the examination and copying of a statement. 17 | |
| 68 | 73 | ||
| 69 | - | 5–606. 13 | |
| 74 | + | (2) Except as provided in paragraph (3) of this subsection, for statements 18 | |
| 75 | + | submitted on or after January 1, 2019, the Ethics Commission shall make freely available 19 | |
| 76 | + | to the public on the Internet, through an online registration program, a financial disclosure 20 | |
| 77 | + | statement required under § 5–601(a) of this subtitle and a preliminary disclosure required 21 | |
| 78 | + | under § 5–602(c) of this subtitle that is filed by: 22 | |
| 70 | 79 | ||
| 71 | - | (a) (1) (i) Except as provided in paragraph (3) of this subsection, the Ethics 14 | |
| 72 | - | Commission and the Joint Ethics Committee shall maintain the statements submitted 15 | |
| 73 | - | under this subtitle and, during normal office hours, make the statements available to the 16 | |
| 74 | - | public for examination and copying. 17 | |
| 80 | + | (i) a State official; 23 | |
| 75 | 81 | ||
| 76 | - | (ii) Except as provided in paragraph (2) of this subsection, the Ethics 18 | |
| 77 | - | Commission and the Joint Ethics Committee may charge a reasonable fee and adopt 19 | |
| 78 | - | administrative procedures for the examination and copying of a statement. 20 | |
| 82 | + | (ii) a candidate for office as a State official; or 24 | |
| 79 | 83 | ||
| 80 | - | (2) Except as provided in paragraph (3) of this subsection, for statements 21 | |
| 81 | - | submitted on or after January 1, 2019, the Ethics Commission shall make freely available 22 | |
| 82 | - | to the public on the Internet, through an online registration program, a financial disclosure 23 | |
| 83 | - | statement required under § 5–601(a) of this subtitle and a preliminary disclosure required 24 | |
| 84 | - | under § 5–602(c) of this subtitle that is filed by: 25 | |
| 84 | + | (iii) a secretary of a principal department in the Executive Branch. 25 | |
| 85 | 85 | ||
| 86 | - | ( | |
| 86 | + | (3) The Ethics Commission and the Joint Ethics Committee may not: 26 | |
| 87 | 87 | ||
| 88 | - | (ii) a candidate for office as a State official; or 27 | |
| 88 | + | (i) provide public access to a portion of a statement that is filed after 27 | |
| 89 | + | January 1, 2019, and that includes an individual’s home address that the individual has 28 | |
| 90 | + | identified as the individual’s home address; or 29 | |
| 89 | 91 | ||
| 90 | - | (iii) a secretary of a principal department in the Executive Branch. 28 | |
| 92 | + | (ii) post on the Internet information related to consideration 30 | |
| 93 | + | received that is reported under § 5–607(j) of this subtitle. 31 | |
| 91 | 94 | ||
| 92 | - | (3) The Ethics Commission and the Joint Ethics Committee may not: 29 | |
| 93 | - | ||
| 94 | - | (i) provide public access to a portion of a statement that is filed after 30 | |
| 95 | - | January 1, 2019, and that includes an individual’s home address that the individual has 31 | |
| 96 | - | identified as the individual’s home address; or 32 | |
| 95 | + | (b) (1) The Ethics Commission and the Joint Ethics Committee shall maintain 32 | |
| 96 | + | a record of: 33 | |
| 97 | 97 | HOUSE BILL 166 3 | |
| 98 | 98 | ||
| 99 | 99 | ||
| 100 | - | ( | |
| 101 | - | ||
| 100 | + | (i) the name and home address of each individual who examines or 1 | |
| 101 | + | copies a statement under this section; and 2 | |
| 102 | 102 | ||
| 103 | - | ( | |
| 104 | - | ||
| 103 | + | (ii) the name of the individual whose statement was examined or 3 | |
| 104 | + | copied. 4 | |
| 105 | 105 | ||
| 106 | - | (i) the name and home address of each individual who examines or 5 | |
| 107 | - | copies a statement under this section; and 6 | |
| 106 | + | (2) On the request of the individual whose statement was examined or 5 | |
| 107 | + | copied, the Ethics Commission or the Joint Ethics Committee shall forward to that 6 | |
| 108 | + | individual a copy of the record specified in paragraph (1) of this subsection. 7 | |
| 108 | 109 | ||
| 109 | - | (ii) the name of the individual whose statement was examined or 7 | |
| 110 | - | copied. 8 | |
| 110 | + | (C) THE COMMISSION ON JUDICIAL DISABILITIES, THE JUDICIAL ETHICS 8 | |
| 111 | + | COMMITTEE, OR ANOTHER BODY DESIGNATED BY THE SUPREME COURT OF 9 | |
| 112 | + | MARYLAND SHALL : 10 | |
| 111 | 113 | ||
| 112 | - | (2) On the request of the individual whose statement was examined or 9 | |
| 113 | - | copied, the Ethics Commission or the Joint Ethics Committee shall forward to that 10 | |
| 114 | - | individual a copy of the record specified in paragraph (1) of this subsection. 11 | |
| 114 | + | (1) MAINTAIN THE RECORDS OF STATE OFFICIALS OF TH E JUDICIAL 11 | |
| 115 | + | BRANCH AND CANDIDATES TO BE STATE OFFICIALS OF TH E JUDICIAL BRANCH; AND 12 | |
| 115 | 116 | ||
| 116 | - | (C) THE COMMISSION ON JUDICIAL DISABILITIES, THE JUDICIAL ETHICS 12 | |
| 117 | - | COMMITTEE, OR ANOTHER BODY DESI GNATED BY THE SUPREME COURT OF 13 | |
| 118 | - | MARYLAND SHALL : 14 | |
| 117 | + | (2) MAKE THE STATEMENTS SUBMITTED UNDER THIS SUBTITLE 13 | |
| 118 | + | AVAILABLE FOR PUBLIC INSPECTIO N. 14 | |
| 119 | 119 | ||
| 120 | - | (1) MAINTAIN THE RECORDS OF STATE OFFICIALS OF TH E JUDICIAL 15 | |
| 121 | - | BRANCH AND CANDIDATES TO BE STATE OFFICIALS OF TH E JUDICIAL BRANCH; AND 16 | |
| 120 | + | 5–610. 15 | |
| 122 | 121 | ||
| 123 | - | (2) MAKE THE STATEMENTS SUBMITTED UNDER THIS SUBTITLE 17 | |
| 124 | - | AVAILABLE FOR PUBLIC INSPECTION. 18 | |
| 122 | + | (a) In accordance with its administrative authority over the Judicial Branch 16 | |
| 123 | + | under the Maryland Constitution, the Supreme Court of Maryland shall adopt and 17 | |
| 124 | + | administer rules that require each individual specified in § 5–601(b) of this subtitle to file 18 | |
| 125 | + | a statement periodically that discloses, as a public record, the information concerning the 19 | |
| 126 | + | individual’s financial affairs that the court considers necessary or appropriate to promote 20 | |
| 127 | + | continued trust and confidence in the integrity of the Judicial Branch. 21 | |
| 125 | 128 | ||
| 126 | - | 5–610. 19 | |
| 129 | + | (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, each 22 | |
| 130 | + | candidate for nomination for or election to a judgeship shall file the statement specified in 23 | |
| 131 | + | subsection (a) of this section no later than the time the candidate files a certificate of 24 | |
| 132 | + | candidacy. 25 | |
| 127 | 133 | ||
| 128 | - | (a) In accordance with its administrative authority over the Judicial Branch 20 | |
| 129 | - | under the Maryland Constitution, the Supreme Court of Maryland sh all adopt and 21 | |
| 130 | - | administer rules that require each individual specified in § 5–601(b) of this subtitle to file 22 | |
| 131 | - | a statement periodically that discloses, as a public record, the information concerning the 23 | |
| 132 | - | individual’s financial affairs that the court considers necessary or appropriate to promote 24 | |
| 133 | - | continued trust and confidence in the integrity of the Judicial Branch. 25 | |
| 134 | + | (ii) This paragraph does not require the filing of a statement for any 26 | |
| 135 | + | year covered in full by a statement filed by the individual under subsection (a) of this 27 | |
| 136 | + | section. 28 | |
| 134 | 137 | ||
| 135 | - | (b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, each 26 | |
| 136 | - | candidate for nomination for or election to a judgeship shall file the statement specified in 27 | |
| 137 | - | subsection (a) of this section no later than the time the candidate files a certificate of 28 | |
| 138 | - | candidacy. 29 | |
| 138 | + | (2) The statement shall: 29 | |
| 139 | 139 | ||
| 140 | - | (ii) This paragraph does not require the filing of a statement for any 30 | |
| 141 | - | year covered in full by a statement filed by the individual under subsection (a) of this 31 | |
| 142 | - | section. 32 | |
| 140 | + | (i) cover the calendar year immediately preceding the year in which 30 | |
| 141 | + | the certificate of candidacy is filed; and 31 | |
| 143 | 142 | ||
| 144 | - | (2) The statement shall: 33 | |
| 143 | + | (ii) be filed with the election board with which the certificate of 32 | |
| 144 | + | candidacy is filed. 33 | |
| 145 | 145 | 4 HOUSE BILL 166 | |
| 146 | 146 | ||
| 147 | 147 | ||
| 148 | - | (i) cover the calendar year immediately preceding the year in which 1 | |
| 149 | - | the certificate of candidacy is filed; and 2 | |
| 148 | + | (3) An election board may not accept a certificate of candidacy or certificate 1 | |
| 149 | + | of nomination of a candidate covered by this subsection unless the candidate has filed each 2 | |
| 150 | + | statement required by this section. 3 | |
| 150 | 151 | ||
| 151 | - | (ii) be filed with the election board with which the certificate of 3 | |
| 152 | - | candidacy is filed. 4 | |
| 152 | + | (4) An election board, within 30 days after receiving a statement under this 4 | |
| 153 | + | subsection, shall forward the statement to the entity designated by the Supreme Court of 5 | |
| 154 | + | Maryland to receive the statements filed under subsection (a) of this section. 6 | |
| 153 | 155 | ||
| 154 | - | ( | |
| 155 | - | ||
| 156 | - | ||
| 156 | + | [(c) Within 30 days after receiving a statement under this section, the Supreme 7 | |
| 157 | + | Court of Maryland or its designee shall transmit a copy of the statement to the Ethics 8 | |
| 158 | + | Commission.] 9 | |
| 157 | 159 | ||
| 158 | - | (4) An election board, within 30 days after receiving a statement under this 8 | |
| 159 | - | subsection, shall forward the statement to the entity designated by the Supreme Court of 9 | |
| 160 | - | Maryland to receive the statements filed under subsection (a) of this section. 10 | |
| 161 | - | ||
| 162 | - | [(c) Within 30 days after receiving a statement under this section, the Supreme 11 | |
| 163 | - | Court of Maryland or its designee shall transmit a copy of the statement to the Ethics 12 | |
| 164 | - | Commission.] 13 | |
| 165 | - | ||
| 166 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 | |
| 167 | - | 1, 2025. 15 | |
| 168 | - | ||
| 169 | - | ||
| 170 | - | ||
| 171 | - | Approved: | |
| 172 | - | ________________________________________________________________________________ | |
| 173 | - | Governor. | |
| 174 | - | ________________________________________________________________________________ | |
| 175 | - | Speaker of the House of Delegates. | |
| 176 | - | ________________________________________________________________________________ | |
| 177 | - | President of the Senate. | |
| 160 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10 | |
| 161 | + | 1, 2025. 11 |