Maryland § 14-101

§ 14-101.

    (a)    In this title the following words have the meanings indicated.

    (b)    “Applicable contribution” means a contribution or donation by a person or attributed to a person to or for the benefit of a candidate for an office of a governmental entity with which the person is doing public business.

    (b–1)    “Beneficial ownership” means:

        (1)    any ownership interest of 5% or more in a business;

        (2)    any ownership interest of 5% or more in one or more entities in a chain of parent and subsidiary entities, any one of which participates in at least 5% of the capital or profits of a business; or

        (3)    possession of an interest that exists under a contract, a relationship, an understanding, or any other arrangement and entitles a person to benefits substantially equivalent to an ownership interest of 5% or more of a business.

    (c)    “Business entity” includes a firm, corporation, trust, unincorporated association, or other organization, whether or not conducted for profit.

    (d)    “Candidate” includes an incumbent office holder.

    (e)    (1)    “Contract” means an agreement in any form entered into by a governmental entity for a procurement as defined in § 11–101(n)(1) of the State Finance and Procurement Article.

        (2)    “Contract” does not include:

            (i)    a collective bargaining agreement with an employee organization;

            (ii)    an agreement with a contractual employee, as defined in § 1–101(d) of the State Personnel and Pensions Article;

            (iii)    a Medicaid, Judicare, or similar reimbursement contract for which law sets:

                1.    user or recipient eligibility; and

                2.    price payable by the State; or

            (iv)    a Medicaid contract with a managed care organization, as defined in § 15–101(e) of the Health – General Article as to which regulations adopted by the Department establish:

                1.    recipient eligibility;

                2.    minimum qualifications for managed care organizations; and

                3.    criteria for enrolling recipients in managed care organizations.

    (f)    (1)    Subject to paragraph (2) of this subsection, “contribution” has the meaning stated in § 1–101 of this article.

        (2)    “Contribution” does not include:

            (i)    a bona fide gift by a spouse or relative within the third degree of consanguinity; or

            (ii)    an honorary membership in a social, service, or fraternal organization presented as a courtesy by the organization.

    (g)    “Director” means a member of the board of directors of a business entity.

    (h)    (1)    “Doing public business” means making or having a single contract with a single governmental entity involving cumulative consideration of at least $200,000.

        (2)    “Doing public business” does not include receiving a salary from a governmental entity.

    (i)    “Governmental entity” means:

        (1)    the State, a county, a municipal corporation, or other political subdivision of the State; and

        (2)    a unit of the State, a county, a municipal corporation, or other political subdivision of the State.

    (j)    “Make a contribution” includes to cause a contribution to be made.

    (k)    “Officer” means an individual who serves as a business entity’s chief executive officer, president, vice president, secretary, treasurer, chief financial officer, managing partner, managing member, or principal, or in any other formal or informal role in which the individual exercises substantial independent responsibility for managing the affairs of a business entity.

    (l)    (1)    “Subsidiary” means a business entity that is 30% or more owned or controlled by another business entity.

        (2)    “Subsidiary” does not include a business entity that does not have a contract doing public business and is directly or indirectly owned or controlled by another business entity:

            (i)    the securities of which are traded on a national exchange;

            (ii)    for which no individual owns or controls more than 10% of the business entity; and

            (iii)    that is defined under 12 U.S.C. § 1841(a).