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Session Laws, 1984
Volume 759, Page 3827   View pdf image
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HARRY HUGHES, Governor                                    3827

The Rules in this subheading are effective both during and
between sessions of the General Assembly.

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]
THE LEGISLATOR'S independence of judgment. The conflict
disqualifies [him] THE LEGISLATOR 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 judgment
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] THE LEGISLATOR'S 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 interest; 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 an enterprise which
would be affected by the legislator's vote on proposed
legislation.

105.  Same; Presumption; When Suspended.

(a) Suspension of disqualification. The disqualification
arising under Rule 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] THE
LEGISLATOR is able to vote and otherwise participate in
legislative action relating thereto, fairly, objectively, and in
the public interest. WHENEVER A LEGISLATOR FILES A STATEMENT FOR
THE SUSPENSION OF THE DISQUALIFICATION, THE COMMITTEE ON ITS OWN
MOTION MAY ISSUE A STATEMENT CONCERNING THE PROPRIETY OF THE

 

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Session Laws, 1984
Volume 759, Page 3827   View pdf image
 Jump to  
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