HARRY HUGHES, Governor
2977
and which, by reason thereof, is in a position to affect
directly and substantially the interest of the official or
employee or any of the above named relatives.
(b) If a disqualification pursuant to subsection (a)
leaves any body with less than a quorum capable of acting,
or if the disqualified official or employee is required by
law to act or is the only person authorized to act, the
disqualified person shall disclose the nature and
circumstances of the conflict and may participate or act.
3-102. Members of General Assembly.
(a) Personal interest tending to impair independence
of judgment. — A personal interest of a member of the
General Assembly 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. — It is presumed that personal
interest tends to impair a legislator's independence of
judgment in any of the following circumstances:
(1) Having or acquiring a direct 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 whom the legislator knows, or from
the facts is presumed to know, has a direct 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 percent 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 an
enterprise which would be affected by the legislator's vote
on proposed legislation.
(c) Statement for suspension of disqualification.
The disqualification arising under this section is suspended
if a legislator with an apparent conflict files with the
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
|