EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Ethics Board)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Public Ethics - Executive Lobbying
FOR the purpose of narrowing the requirements for registering as a lobbyist under certain circumstances; conforming certain provisions to their counterparts in State law; providing for a special effective date; and generally relating to lobbying and lobbying registration.
Body
BY repealing and reordaining, without amendments
Article 8 - Ethics
Section(s) 2-4, 2-7, 2-20, 8-1, 8-6, 8-7, 8-36
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 8 - Ethics
Section(s) 8-8
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 8. Ethics
Subtitle 2. Definitions; General Provisions
§ 2-4. "Business entity".
"Business entity" means any person engaged in business or other organized activity, whether for-profit or not-for-profit and regardless of form.
§ 2-7. "Compensation".
"Compensation" means any money or thing of value, regardless of form, received or to be received by a person for services rendered.
§ 2-20. "Lobbyist".
"Lobbyist" means any person required to register with the Ethics Board under Subtitle 8 {"Lobbying"} of this article.
Subtitle 8. Lobbying
Part I. Definitions
§ 8-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Compensation.
If lobbying is only part of a person's employment, "compensation" means a prorated amount of the person's total compensation, as defined in § 2-7 of this article, that is based on the time devoted by the person to lobbying compared to the time devoted to other employment duties.
(c) Executive action.
"Executive action" means any official action or nonaction that:
(1) is taken by a public servant; and
(2) is not legislative action, as defined in this section.
(d) Legislative action.
(1) "Legislative action" means any official action or nonaction relating to:
(i) any bill, resolution, nomination, appointment, report, or other matter within the jurisdiction of the City Council; or
(ii) any bill or resolution presented to the Mayor for approval or veto.
(2) "Legislative action" includes:
(i) introduction;
(ii) sponsorship;
(iii) consideration and debate;
(iv) amendment;
(v) passage or defeat; and
(vi) approval or veto.
(e) Lobby.
"Lobby" means to do any act that requires registration under this subtitle.
(f) Reporting period.
"Reporting period" means the period from January 1 of any year through December 31 of the same year.
Part II. Registration Required
§ 8-6. In general.
Except as otherwise specified in Part V {"Exemptions"} of this subtitle, a person who engages in any activity described in this Part II must register with the Ethics Board.
§ 8-7. Legislative lobbying.
A person must register if, during a reporting period, the person:
(1) for the purpose of influencing any legislative action, communicates with a public servant; and
(2) in furtherance of or in connection with all such communications for that or any other legislative action, and all activities relating to those communications:
(i) expends $100 or more for gifts, including meals, beverages, or special events, to 1 or more public servants;
(ii) incurs any expenses of $500 or more; or
(iii) earns $2,500 or more in compensation.
§ 8-8. Executive lobbying.
(A) IN GENERAL.
A PERSON MUST REGISTER IF, DURING A REPORTING PERIOD, THE PERSON:
(1) FOR THE PURPOSE OF INFLUENCING ANY EXECUTIVE ACTION, COMMUNICATES WITH A PUBLIC SERVANT; AND
(2) IN FURTHERANCE OF OR IN CONNECTION WITH ALL SUCH COMMUNICATIONS FOR THAT OR ANY OTHER EXECUTIVE ACTION, AND ALL ACTIVITIES RELATING TO THOSE COMMUNICATIONS, EXPENDS $100 OR MORE FOR GIFTS, INCLUDING MEALS, BEVERAGES, OR SPECIAL EVENTS, TO 1 OR MORE PUBLIC SERVANTS.
(B) REGULATIONS; EXECUTIVE ORDERS.
A person must register if, during a reporting period, the person:
(1) for the purpose of influencing [any executive action] THE DEVELOPMENT, ADOPTION, ISSUANCE, OR AMENDMENT OF REGULATIONS OR OF AN EXECUTIVE ORDER, communicates with a public servant; and
(2) in furtherance of or in connection with all such communications for that or any other executive action, and all activities relating to those communications:
(i) expends $100 or more for gifts, including meals, beverages, or special events, to 1 or more public servants;
(ii) incurs any expenses of $500 or more; or
(iii) earns $2,500 or more in compensation.
(C) PROCUREMENT.
(1) A PERSON MUST REGISTER IF, DURING A REPORTING PERIOD, THE PERSON:
(I) FOR THE PURPOSE OF INFLUENCING EXECUTIVE ACTION ON A PROCUREMENT CONTRACT THAT EXCEEDS $50,000, COMMUNICATES WITH A PUBLIC SERVANT; AND
(II) IN FURTHERANCE OF OR IN CONNECTION WITH ALL SUCH COMMUNICATIONS FOR THAT OR ANY OTHER EXECUTIVE ACTION, AND ALL ACTIVITIES RELATING TO THOSE COMMUNICATIONS:
(A) EXPENDS $100 OR MORE FOR GIFTS, INCLUDING MEALS, BEVERAGES, OR SPECIAL EVENTS, TO 1 OR MORE PUBLIC SERVANTS; OR
(B) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IS COMPENSATED FOR HIS OR HER SERVICES.
(2) PARAGRAPH (1)(II)(B) OF THIS SUBSECTION DOES NOT APPLY TO A BONA FIDE SALESPERSON OR COMMERCIAL SELLING AGENCY EMPLOYED OR MAINTAINED BY AN EMPLOYER FOR THE PURPOSE OF SOLICITING OR SECURING A PROCUREMENT CONTRACT, AS LONG AS THE PERSON ENGAGES IN NO OTHER ACTS DURING THE REPORTING PERIOD THAT REQUIRE REGISTRATION.
(D) BUSINESS GRANTS OR LOANS.
(1) A PERSON MUST REGISTER IF, DURING A REPORTING PERIOD, THE PERSON:
(I) FOR THE PURPOSE OF INFLUENCING EXECUTIVE ACTION TO SECURE FOR A BUSINESS ENTITY A GRANT OR LOAN THAT EXCEEDS $50,000, COMMUNICATES WITH A PUBLIC SERVANT; AND
(II) IN FURTHERANCE OF OR IN CONNECTION WITH ALL SUCH COMMUNICATIONS FOR THAT OR ANY OTHER EXECUTIVE ACTION, AND ALL ACTIVITIES RELATING TO THOSE COMMUNICATIONS:
(A) EXPENDS $100 OR MORE FOR GIFTS, INCLUDING MEALS, BEVERAGES, OR SPECIAL EVENTS, TO 1 OR MORE PUBLIC SERVANTS; OR
(B) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IS COMPENSATED FOR HIS OR HER SERVICES.
(2) PARAGRAPH (1)(II)(B) OF THIS SUBSECTION DOES NOT APPLY TO EITHER OF THE FOLLOWING, AS LONG AS THE PERSON ENGAGES IN NO OTHER ACTS DURING THE REPORTING PERIOD THAT REQUIRE REGISTRATION:
(I) A BONA FIDE FULL-TIME OFFICIAL OR EMPLOYEE OF A BUSINESS ENTITY THAT IS SEEKING TO SECURE A GRANT OR LOAN; OR
(II) A PERSON WHO IS SEEKING A GRANT OR LOAN FOR THE PURPOSE OF LOCATING, RELOCATING, OR EXPANDING A BUSINESS IN OR INTO THE CITY.
Part VI. Prohibited Conduct
§ 8-36. Contingent compensation.
(a) Legislative lobbying.
A lobbyist may not lobby on behalf of any person for compensation that is dependent in any way on:
(1) the passage, enactment, or defeat of any legislation; or
(2) any other contingency related to legislative action.
(b) Executive lobbying.
A lobbyist may not lobby on behalf of any person for compensation that is dependent in any way on:
(1) the outcome of any executive action relating to the solicitation or securing of a procurement contract; or
(2) any other contingency related to executive action.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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