1234                             Laws of Maryland                       [Ch. 733

self from voting or acting thereon on behalf of such agency, unless
his doing so shall previously be approved by the Board of Public
Works as being required in the public interest because of his special
knowledge or experience in the subject matter of the transaction.
If, through disqualifications in accordance with this section, less than
a quorum of any agency is capable of participating in a transaction,
the remaining member or members shall constitute a quorum and
shall have authority to transact any business, provided that such
action shall be approved by a majority of the Board of Public Works.

4. Penalties for Violation. Any person who violates any of the
provisions of this section shall be deemed guilty of a misdemeanor
and shall, on conviction thereof, be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than
one year, or both; and, in addition, it shall be obligatory upon the
Governor of the State of Maryland, or the employing agency, as
the case may be, following such conviction, forthwith to dismiss
such convicted person from his office or position.

5.  Avoidance of Transactions. Any transaction entered into by
any agency of this State in violation of this section may be set
aside in a suit brought on behalf of the State of Maryland by the
Attorney General, unless the court finds that such transaction is in
the public interest, and the burden of proof shall be upon the party
seeking to uphold such transaction to show that avoidance of such
transaction would not be in the public interest. Except as herein
provided, no transaction of such agency shall be set aside because of
violation of this section or on the ground of conflict of interest.

6.  Definitions, (a) For the purpose of this Article, a person shall
be deemed to have a direct financial interest in a transaction if such
transaction is to be consummated between the public agency of
which he is a member, agent or employee and such person himself,
or his spouse, brother, sister or child, or between such public agency
and any firm, corporation or association in which he or his spouse,
brother, sister or child, either jointly or severally, owns in total
more than three per cent of the invested capital or capital stock, or
from which such person or persons, either jointly or severally, are
receiving a total combined compensation of more than five thousand
dollars per year. Any financial interest of any member, agent or
employee of a public agency in a transaction not included within the
foregoing definition of a direct financial interest shall be deemed
an indirect financial interest.

(b) The provisions of this Article shall not apply to members,
agents or employees of the Board of Public Works, or of the Execu-
tive Department per se, or of the General Assembly or of the Judi-
ciary Department when such members, agents or employees are
performing the duties attendant to these bodies.

Sec. 2. And be it further enacted, That all laws or parts of laws
DEALING WITH THE SUBJECT OF CONFLICT OF INTEREST
AFFECTING MEMBERS, AGENTS OR EMPLOYEES OF ANY
DEPARTMENT, BOARD COMMISSION OR AUTHORITY OR
OTHER PUBLIC AGENCY OF THE STATE OF MARYLAND
ARE HEREBY REPEALED.

inconsistent with the provisions of this Act be, and the same are
hereby repealed to the extent of such inconsistency.