§ 7-1-101. DEFINITIONS.

(a)

In general. In this title the following words have the meanings indicated.

(b)

Business entity.

(1)

(i)

"Business entity" means an entity of any form, whether or not operated for profit.

(ii)

"Business entity" includes a corporation, partnership, limited liability partnership, joint stock association, limited liability company, professional service corporation, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, or any other entity recognized under any applicable law.

(iii)

"Business entity" does not include a governmental entity.

(c)

Commission. "Commission" means the Baltimore County Ethics Commission established under Article 3, Title 3 of the Code.

(d)

Compensation. "Compensation" means consideration given, or to be given, regardless of form, to a person subject to this title from an employer for services rendered.

(e)

County. "County" includes:

(1)

All the county officials, bureaus, departments, and offices named in Article 3, Titles 1, 2, and 4 of the Code;

(2)

All the boards, commissions, panels, foundations, and committees established in the Code;

(3)

The Board of Education;

(4)

The Board of Health;

(5)

The Board of Library Trustees;

(6)

The Board of Liquor License Commissioners; and

(7)

All subordinates and subcommittees of the entities named in paragraphs (1) through (6) of this subsection.

(f)

Doing business with the county. "Doing business with the county" means:

(1)

Having, bidding on, or negotiating, or reasonably anticipating having, bidding on, or negotiating a contract or combination of contracts involving the commitment of $5,000 or more in the aggregate of county or county-controlled funds;

(2)

Being regulated by or otherwise under the authority of an entity, agency, or department of a public official; or

(3)

Being subject to registration as a lobbyist in accordance with Subtitle 5 of this title.

(g)

Elected official. "Elected official" means the County Executive or a member of County Council.

(h)

Entity. "Entity" means:

(1)

A person; or

(2)

A government or instrumentality of a government.

(i)

Financial interest. "Financial interest" means:

(1)

Ownership of an interest as the result of which the owner has received within the past 3 years, is currently receiving, or in the future is entitled to receive a cumulative total of more than $1,000; or

(2)

(i)

Ownership of more than 3% of a business entity by:

1.

A public official; or

2.

The spouse of a public official; or

(ii)

Ownership of securities of any kind that represent, or are convertible into, ownership of more than 3% of a business entity by:

1.

A public official; or

2.

The spouse of a public official.

(j)

Gift.

(1)

"Gift" means the transfer of a thing of economic value, in any form, without adequate and lawful consideration.

(2)

"Gift" does not include the solicitation, acceptance, or receipt of political campaign contributions regulated by the Maryland Fair Election Practices Act, or any other provision of state or local law regulating the conduct of elections or political campaign contributions.

(k)

Honorarium.

(1)

"Honorarium" means the payment of money or anything of value for:

(i)

Speaking to, participating in or attending a meeting or other function; or

(ii)

Writing an article that has been or is intended to be published.

(2)

"Honorarium" does not include payment for writing a book that has been or is intended to be published.

(l)

Immediate family. "Immediate family" means a spouse and dependent children.

(m)

Interest.

(1)

"Interest" means a legal or equitable interest, whether or not subject to an encumbrance or a condition, which is owned or held by a person subject to this title in any way, in whole or in part, jointly or severally, directly or indirectly.

(2)

"Interest" does not include:

(i)

An interest held by a person acting in the capacity of a personal representative, agent, custodian, fiduciary, or trustee, unless the person has an equitable interest in the subject matter;

(ii)

An interest in a time or demand deposit in a financial institution;

(iii)

An interest in an insurance or endowment policy or annuity contract under which an insurer promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period;

(iv)

A common trust fund or a trust that forms part of a pension or profit-sharing plan that has more than 25 participants and which has been determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code of 1954;

(v)

A college savings plan under the Internal Revenue Code; or

(vi)

A mutual fund or exchange-traded fund that is publically traded on a national scale unless the mutual fund or exchange traded fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the individual's governmental unit.

(3)

For purposes of Subtitle 4 of this title, "interest" includes any interest held during the reporting period.

(n)

Person. "Person" includes an individual or a business entity.

(o)

Public official.

(1)

"Public official" means:

(i)

An employee of the county, including an elected official or an appointed official;

(ii)

An individual elected or appointed to serve on any county board, agency, commission, or similar entity; and

(iii)

After October 1, 2012, the Executive Director and members of the Revenue Authority.

(2)

"Public official" includes an individual listed under paragraph (1) of this subsection whether or not the individual is compensated or whether or not the individual is compensated with county funds.

(3)

"Public official" does not include an employee of:

(i)

The Offices of the Sheriff, State's Attorney, Register of Wills or Clerk of the Court;

(ii)

The Health Department;

(iii)

The Department of Social Services; or

(iv)

The Chairman, a member, alternate member, or employee of the Board of Liquor License Commissioners.

(p)

Qualified relative. "Qualified relative" means a spouse, parent, child, brother, or sister.

(1988 Code, § 28-2) (Bill No. 91-99, § 2, 7-1-2004; Bill No. 75-11, § 1, 1-1-2012; Bill No. 44-12, §§ 1, 2, 7-15-2012; Bill No. 12-18 , §§ 1, 3, 4-6-2018)

Editor's note:
  Section 5 of Bill No. 12-18 provides that Section 3 of this Act shall take affect retroactively to October 1, 2017.