Ch. 533

1995 LAWS OF MARYLAND.

When the Maryland Public Ethics Law was enacted in 1979, the General Assembly
codified the ethics provisions of the House and Senate Rules. For policy reasons, the
General Assembly followed the text of the Rules provisions almost verbatim, making only
slight stylistic changes. In recognition of that 1979 policy decision, the Ethics Law Code
Revision Committee has chosen to leave these provisions essentially unrevised.

The revised Maryland Public Ethics Law contains general definitions, applicable to
the entire revised Title 15, that are derived with some alteration from the general
definitions of former Art. 40A. The Ethics Law Code Revision Committee does not
intend that the revised definitions be applied to this Part II in such a way as to affect the
meaning of this Part.

15-510. APPLICABILITY.

THIS PART II APPLIES ONLY TO MEMBERS OF THE GENERAL ASSEMBLY.

REVISOR'S NOTE: This section is new language added to state the applicability
of this Part.

Defined term: "General Assembly" § 15-102

[3-102.] 15-511. DISQUALIFICATION — PRESUMPTION OF CONFLICT.

(a)     A personal interest of a member of the General Assembly conflicts with the
public interest if it tends to impair the legislator's independence of judgment. The conflict
disqualifies the legislator from voting upon any question or attempting to influence any
legislation to which it relates.

(b)     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 the legislator's 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; partnerships in which the legislator has invested
capital or owns any interest; corporations in which the legislator owns (not including any
stock owned directly through a mutual fund, retirement plan, or other similar commingled
investment vehicle the individual investments of which the legislator does not control or
manage) the lesser of 10 percent or more of the outstanding capital stock or capital stock
of any corporation with a cumulative value of $10,000 or more; and corporations in which
the legislator is an officer, director, or agent.

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