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Session Laws, 1973
Volume 709, Page 1834   View pdf image
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1834                                       JOINT RESOLUTIONS

RESOLVED. That House Rules 103 to 109, inclusive, and Senate Rules 103 to
109, inclusive, as set forth in the official Rules of the respective Houses for the
Regular Session of 1973, be and they are hereby repealed; and be it further

RESOLVED, That new Rules [[96 to 104]] 103 to 111, inclusive, be and the
same are hereby added as Rules in both the Senate of Maryland and the House of
Delegates of Maryland to follow immediately in each instance after Rule [[95]]
102 thereof, in each instance to be under the subheading "Joint Committee on
Ethics," and in each instance to read as follows:

JOINT COMMITTEE ON ETHICS

[[96]] 103. APPLICABILITY. THE RULES IN THIS SUBSECTION ARE
EFFECTIVE BOTH DURING AND BETWEEN SESSIONS OF THE
GENERAL ASSEMBLY.

[[97]] 104. CONFLICT OF INTERESTS WITHIN THE GENERAL
ASSEMBLY.

(A)      DEFINITIONS; EFFECT. A LEGISLATOR'S PERSONAL
INTEREST CONFLICTS WITH THE PUBLIC INTEREST IF IT TENDS TO
IMPAIR HIS INDEPENDENCE OF JUDGMENT. THE CONFLICT
DISQUALIFIES HIM FROM VOTING UPON ANY QUESTION OR
ATTEMPTING TO INFLUENCE ANY LEGISLATION TO WHICH IT
RELATES.

(B)    PRESUMPTION OF CONFLICT. IT IS PRESUMED THAT
PERSONAL INTEREST TENDS TO IMPAIR A LEGISLATOR'S
INDEPENDENCE OF JUDGEMENT IN ANY OF THE FOLLOWING
CIRCUMSTANCES:

(1)   HAVING OR ACQUIRING A DIRECT FINANCIAL INTEREST,
DISTINCT FROM THAT OF THE GENERAL PUBLIC, IN AN
ENTERPRISE WHICH WOULD BE AFFECTED BY HIS VOTE ON
PROPOSED LEGISLATION.

(2)    BENEFITING FINANCIALLY FROM A CLOSE ECONOMIC
ASSOCIATION WITH A PERSON (IN THIS SUBHEADING THE TERM
INCLUDES "FIRM" AND "CORPORATION") WHOM THE LEGISLATOR
KNOWS, OR FROM THE FACTS IS PRESUMED TO KNOW, HAS A
DIRECT FINANCIAL INTEREST IN AN ENTERPRISE OR INTEREST
WHICH WOULD BE AFFECTED BY THE LEGISLATOR'S VOTE ON
PROPOSED LEGISLATION, DIFFERENTLY FROM OTHER LIKE
ENTERPRISES OR INTERESTS; OR BENEFITING FINANCIALLY FROM
A CLOSE ECONOMIC ASSOCIATION WITH A PERSON WHO IS
LOBBYING OR WHO HAS EMPLOYED A LOBBYIST TO PROPOSE
LEGISLATION OR TO INFLUENCE LEGISLATORS' VOTES. "CLOSE
ECONOMIC ASSOCIATION" INCLUDES AND REFERS TO THE
LEGISLATOR'S EMPLOYER, EMPLOYEES, AND PARTNERS IN
BUSINESS AND PROFESSIONAL ENTERPRISES; CORPORATIONS IN
WHICH THE LEGISLATOR OWNS 10% OR MORE OF THE
OUTSTANDING CAPITAL STOCK; AND CORPORATIONS IN WHICH
THE LEGISLATOR IS AN OFFICER, DIRECTOR, OR AGENT.

(3)   SOLICITING, ACCEPTING, OR AGREEING TO ACCEPT ANY
GIFT, LOAN, OR PAYMENT OF A SIGNIFICANT VALUE FROM A
PERSON WHO WOULD BE AFFECTED BY OR HAS AN INTEREST IN

 

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Session Laws, 1973
Volume 709, Page 1834   View pdf image
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