HARRY HUGHES, Governor

3003

(d)(1) If there is a conflict of interest in

violation of this section in a contract or purchase entered
into by a county board, the contract or purchase may be set
aside in a suite brought on behalf of the county board by its
counsel or by the Attorney General of this State, unless the
court finds that the contract or purchase is in the public
interest.

(2) The burden of proof is on the party seeking

to uphold the contract or purchase to that the

contract or purchase is in the public interest.

(3) A contract or purchase by a county board
may be set aside on the ground of conflict of interest only
as provided in this subsection.

(e) (1) Any person who violates any provision of this
section is guilty of a misdemeanor and on conviction is
subject to a fine not exceeding $1,000 or imprisonment not
exceeding 1 year.

(2) Any person convicted under this section

shall be removed from his office by the State

Superintendent.]

SECTION 4. AND BE IT FURTHER ENACTED, That no sanction
shall be imposed for any violation of failure to disclose
file a disclosure form under Title 4 of Chapter 513 of the
Laws of 1979 if the act or omission constituting the
violation disclosure filing would not be a violation of
required under Chapter 513 as amended by this Chapter.

SECTION 5. AND BE IT FURTHER ENACTED, That any
financial disclosure statement filed pursuant to the
provisions of Chapter 513 of the Laws of 1979 which would
not have been required by Chapter 513 as amended by this
Chapter shall, upon written request, be returned to the
filing party. Any statement so filed may be destroyed after
April 30, 1982 if its return has not been requested within
30 days of written notice to the filing party of its
availability.

SECTION 6. AND BE IT FURTHER ENACTED, That the
captions included in this Act are for reference only and are
not part of the law, as enacted by this Act.

SECTION 7. AND BE IT FURTHER ENACTED, That the
transfer of the provisions of Article 40A, Section 3-108 to
Article 21, Section 3-407 by Chapter 775 of the Acts of the
General Assembly of 1980 is not affected by this Act.