Section 15-849 - Contributions made by applicants. - Maryland Statutes

§ 15-849. Contributions made by applicants.
 

(a)  Affidavit.-  

(1) When an application is filed, the applicant shall file an affidavit, under oath, stating whether the applicant: 

(i) has made any contribution or contributions having a cumulative value of $500 or more to the treasurer of a candidate or the treasurer of a political committee during the 48-month period before the application is filed, to the best of the applicant's information, knowledge, and belief; or 

(ii) is currently engaging in business with an elected official. 

(2) (i) If the applicant or a party of record or a family member has made a contribution or contributions having a cumulative value of $500 or more during the 48-month period before the application was filed or during the pendency of the application, the applicant or the party of record shall file a disclosure providing the name of the candidate or elected official to whose treasurer or political committee the contribution was made, the amount, and the date of the contribution. However, if the party of record is a community association, this paragraph may not be construed to require the association to poll its members to disclose individual contributions. 

(ii) A contribution made between the filing of the application and the disposition of the application shall be disclosed within 5 business days of the contribution. 

(3) An applicant who begins engaging in business with an elected official between the filing of the application and the disposition of the application shall file the affidavit at the time of engaging in business with the elected official. 

(b)  Filing.- Except as provided in subsection (a) (3) of this section, the affidavit or disclosure shall be filed at least 30 calendar days prior to any consideration of the application by an elected official. 

(c)  Disclosure.- Within 2 weeks after entering a proceeding, a party of record that has made a contribution shall submit a disclosure as described in subsection (a) (2) of this section. 

(d)  Applicability of Part VII.-  

(1) Except as provided in paragraph (2) of this subsection, a contributor and an elected official are subject to the provisions of this Part VII if the contributor makes a contribution to: 

(i) the candidate; 

(ii) a slate; or 

(iii) the candidate's political committee. 

(2) The provisions of this Part VII do not apply to a transfer by a political action committee to a candidate or the candidate's continuing political committee. 

(e)  Form.- An affidavit or a disclosure required under this Part VII shall be in a form established by the Howard County Solicitor and approved by the County Council. The completed form shall be filed in the appropriate case file of an application. The disclosure form shall repeat the penalty provision in § 15-850 (a) of this Part VII. 

(f)  Later contributions.- A contribution made after the filing of the initial disclosure and before final disposition of the application by the County Council shall be disclosed within 5 business days of the contribution. 

(g)  Enforcement.- In the enforcement of this Part VII, the administrative clerk to the zoning board or the administrator of the County Council, as appropriate, considering an application shall be subject to the authority of the Howard County Ethics Commission and, unless otherwise directed by the Ethics Commission, shall: 

(1) receive filings of affidavits and disclosures; 

(2) maintain filed affidavits and disclosures as public records available for review by the general public during normal business hours; 

(3) report violations to the Howard County Ethics Commission; and 

(4) perform ministerial duties necessary to administer this Part VII. 

(h)  Summary report.-  

(1) Promptly on receipt, the administrative assistant to the zoning board and the administrator of the County Council shall prepare a summary report compiling all affidavits and disclosures filed under this Part VII. 

(2) The summary report shall be a matter of public record and available for immediate inspection upon written request. 
 

[1995, ch. 614; 1997, ch. 647; 2002, ch. 291, § 4; 2009, ch. 455; 2010, ch. 138.]