PARRIS N. GLENDENING, Governor

Ch. 533

THE ETHICS COMMISSION AND APPROVED BY THE JOINT COMMITTEE ON
ADMINISTRATIVE, EXECUTIVE, AND LEGISLATIVE REVIEW.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 1-201(bb).

In subsection (f)(1) of this section, the exemption of "State official" from the
definition of "public official" as it applies to the Judicial Branch, is
substituted for the exemption of "a judge, master, commissioner, examiner,
auditor, or referee" in former Art. 40A, § 1-201(bb)(3)(ii) so that other
classes of judicial officers may be added by rule to those designated as "State
official".

Also subsection (f)(1) serves to explicitly exclude State officials of the
Executive Branch from the definition of "public official" for clarity and
consistency.

In subsection (f)(2) of this section, the former law's reference to "including an
individual employed on a full-time contractual basis for more than 6 months"
is revised as an exclusion of those employed on a contractual basis for 6
months or less or less than full time. Contractual employees of the Judicial
Branch are explicitly exempted from the definition of "public official" for
clarity and in keeping with apparent legislative intent.

Defined terms: "Bicounty commission" § 15-102
"Board" § 15-102
"Compensation" § 15-102
"County" § 1-101
"Employee" § 15-102
"Ethics Commission" § 15-102
"Executive unit" § 15-102
"General Assembly" § 15-102
"Public official" § 15-102
"State official" § 15-102

15-104. ADMINISTRATION OF TITLE.

THIS TITLE SHALL BE ADMINISTERED AND IMPLEMENTED BY THE FOLLOWING
THREE ETHICS AGENCIES:

(1)     THE JOINT ETHICS COMMITTEE, ACTING AS AN ADVISORY BODY AS
TO THE APPLICATION OF SUBTITLE 5 OF THIS TITLE TO MEMBERS OF THE GENERAL
ASSEMBLY;

(2)     THE JUDICIAL DISABILITIES COMMISSION OR ANOTHER BODY
DESIGNATED BY THE COURT OF APPEALS, ACTING AS AN ADVISORY BODY AS TO
THE APPLICATION OF SUBTITLES 5 AND 6 OF THIS TITLE TO STATE OFFICIALS OF THE
JUDICIAL BRANCH; AND

(3)     IN ALL OTHER MATTERS, THE ETHICS COMMISSION.

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