2968

LAWS OF MARYLAND

Ch. 796

RECEIVES A RATE OF COMPENSATION EQUAL THERETO, OR IS
APPOINTED TO AN EXECUTIVE AGENCY WHICH THE COMMISSION HAS
NOT EXEMPTED PURSUANT TO § 2-103(H) A BOARD OR COMMISSION;
AND

(II)  AS DETERMINED BY THE ETHICS
COMMISSION PURSUANT TO § 2-103(H), WHO:

1.  IS CHARGED , INDIVIDUALLY OR AS A
MEMBER OF AN EXECUTIVE AGENCY, WITH DECISION MAKING
AUTHORITY OR ACTS AS A PRINCIPAL ADVISOR TO ONE WITH SUCH
AUTHORITY:

A.  IN MAKING STATE POLICY IN
THE EXECUTIVE BRANCH OR AN EXECUTIVE AGENCY; OR

B.  IN                               EXERCISING
QUASI-JUDICIAL, REGULATORY, LICENSING, INSPECTING, OR
AUDITING FUNCTIONS; OR AND

C. IN DRAFTING SPECIFICATIONS
FOR, NEGOTIATING, OR EXECUTING CONTRACTS WHICH COMMIT THE
STATE OR ANY DEPARTMENT OR EXECUTIVE AGENCY TO EXPEND IN
EXCESS OF $10,000 PER ANNUM; AND

2.  WHOSE DUTIES ARE NOT ESSENTIALLY
ADMINISTRATIVE AND MINISTERIAL.; AND

(III)  IS NOT A FULL-TIME OR PART-TIME
FACULTY MEMBER AT A STATE INSTITUTION OF HIGHER EDUCATION,
UNLESS THE INDIVIDUAL IS ALSO EMPLOYED IN ANOTHER STATE
POSITION WHICH DOES FALL UNDER THIS DEFINITION OR UNLESS THE
INDIVIDUAL ALSO DIRECTLY PROCURES, DIRECTLY INFLUENCES, OR
OTHERWISE DIRECTLY AFFECTS THE FORMATION OR EXECUTION OF ANY
STATE CONTRACT, PURCHASE OR SALE AS ESTABLISHED BY
GUIDELINES OF THE STATE ETHICS COMMISSION; PROVIDED SUCH
GUIDELINES ARE PROMULGATED AS REGULATIONS AND APPROVED BY
THE AELR COMMITTEE.

(2) ANY INDIVIDUAL IN THE LEGISLATIVE BRANCH ,
OTHER THAN A STATE OFFICIAL, WHO RECEIVES A RATE OF
COMPENSATION EQUAL TO OR ABOVE GRADE LEVEL 18 OR ABOVE WHO
IS SO DESIGNATED BY ORDER BY THE PRESIDING OFFICERS OF THE
GENERAL ASSEMBLY.

[(2)] (3) Any individual in the judicial branch
of government, including an individual employed in the
office of a clerk of court, or paid by a political
subdivision to perform services in any orphans' court, a
circuit court for a county, the Supreme Bench of Baltimore
City or one of its courts, and any individual employed by
the Attorney Grievance Commission, the State Board of Law
Examiners, or the Standing Committee on Rules who:

(i) Is classified or compensated at State
grade level 18 or above; and