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Session Laws, 1973
Volume 709, Page 1835   View pdf image
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MARVIN MANDEL, Governor                                 1835

AN ENTERPRISE WHICH WOULD BE AFFECTED BY THE
LEGISLATOR'S VOTE ON PROPOSED LEGISLATION.

[[98]] 105. SAME; PRESUMPTION: WHEN SUSPENDED.

(A) THE DISQUALIFICATION ARISING UNDER RULE [[97]] 104 is
suspended if a legislator with an apparent conflict files with the Joint Committee
on Legislative Ethics (hereafter referred to as "Committee") a sworn statement
which describes the circumstances of the apparent conflict and the legislation to
which it relates and asserts he is able to vote and otherwise participate in
legislative action relating thereto, fairly, objectively, and in the public interest.

(b) The suspension of the disqualification by the filing of the statement is
subject to further action by the Committee, if the question of conflict comes before
it as to the same circumstances and the same legislator.

[[99]] 106. THE LEGISLATOR'S RELATIONSHIPS WITH
NON-LEGISLATIVE AGENCIES.

(A)  REPORTS; WHEN REQUIRED, A LEGISLATOR WHO ENTERS
INTO ANY OF THE LISTED TRANSACTIONS SHALL REPORT IN
WRITING TO THE COMMITTEE AND THE PRESIDING OFFICER OF
HIS BRANCH OF THE LEGISLATURE FOR RECORDATION WITH THE
CLERK OF THE HOUSE OF DELEGATES OR SECRETARY OF THE
SENATE, AT THE TIMES AND IN THE MANNER REQUIRED BY THE
COMMITTEE:

(1)  IF REPRESENTING A PERSON FOR COMPENSATION, BEFORE
A STATE AGENCY INVOLVING OTHER THAN A JUDICIAL OR
QUASIJUDICIAL PROCEEDING, THE NAME OF THE PERSON
REPRESENTED, THE SERVICES PERFORMED, AND THE
CONSIDERATION.

(2)  IF REPRESENTING A STATE AGENCY FOR COMPENSATION.
THE NAME OF THE AGENCY, THE SERVICES PERFORMED, AND THE
CONSIDERATION.

(3)   THE NAME OF ANY BUSINESS ENTERPRISE SUBJECT TO
REGULATION BY A STATE AGENCY IN WHICH HE AND A MEMBER
OF HIS IMMEDIATE FAMILY (SPOUSE AND CHILDREN LIVING WITH
HIM), TOGETHER OR SEPARATELY, OWN MORE THAN 10% OF THE
INVESTED CAPITAL OR CAPITAL STOCK.

(4)  DETAILS OF ANY CONTRACTUAL RELATIONSHIP WITH THE
STATE OR A STATE AGENCY, INCLUDING THE SUBJECT MATTER
AND THE CONSIDERATION.

(5)     DETAILS OF ANY TRANSACTION WITH THE STATE
INVOLVING A MONETARY CONSIDERATION, EXCLUDING THOSE
ENUMERATED BY THE COMMITTEE IN THE GUIDELINES.

(B)  SAME; PUBLIC RECORD. ALL REPORTS FILED UNDER THIS
RULE SHALL BE A MATTER OF PUBLIC RECORD.

[[100]] 107. ADVISORY OPINIONS. A LEGISLATOR IN DOUBT AS
TO THE PROPRIETY OF ANY ACTION PROPOSED TO BE TAKEN BY
HIM AND INVOLVING A POSSIBLE CONFLICT OF INTERESTS UNDER
THIS SUBHEADING MAY REQUEST THE COMMITTEE TO RENDER
AN ADVISORY OPINION ON THE FACTS. THE ADVISORY OPINION,

 

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Session Laws, 1973
Volume 709, Page 1835   View pdf image
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