PARRIS N. GLENDENING, Governor

Ch. 533

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 7-101(1) and (2).

In subsection (b)(1)(ii)3 of this section, the word "proceeding" is substituted
for the former words "legal action" for clarity.

Defined terms: "Employee" § 15-102
"Official" § 15-102

15-903. CRIMINAL PENALTIES.

(A)     IN GENERAL.

A PERSON WHO KNOWINGLY AND WILLFULLY VIOLATES SUBTITLE 7 OF THIS
TITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE
NOT EXCEEDING $1,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

(B)     OFFICERS AND PARTNERS.

IF THE PERSON IS NOT AN INDIVIDUAL, EACH OFFICER OR PARTNER WHO
KNOWINGLY AUTHORIZES OR PARTICIPATES IN A VIOLATION OF SUBTITLE 7 OF
THIS TITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO THE
PENALTY SPECIFIED IN SUBSECTION (A) OF THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 7-102.

Because "business entity" was defined in former Art. 40A to "include any
entity, regardless of form", former Art. 40A, § 7-102(b) is interpreted to apply
to any person that is not an individual.

Accordingly, the former term "business entity" is deleted for clarity and to
avoid unintended gaps in coverage.

Defined term: "Person" § 1-101

15-904. DISCIPLINARY ACTION.

IN ADDITION TO ANY OTHER PENALTY UNDER THIS TITLE, A PUBLIC OFFICIAL
OR EMPLOYEE FOUND BY THE ETHICS COMMISSION OR A COURT TO HAVE
VIOLATED THIS TITLE:

(1)     MAY BE REMOVED OR SUBJECTED TO OTHER DISCIPLINARY
ACTION; AND

(2)     IF SUBJECT TO AN ORDER OF THE COMMISSION OR A COURT
DIRECTING COMPLIANCE, MAY NOT RECEIVE SALARY OR OTHER COMPENSATION
PENDING FULL COMPLIANCE WITH THE ORDER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 7-103.

In item (1) of this section, the words "as may be warranted" from former Art.
40A, § 7-103(1) are deleted as surplusage.

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