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Session Laws, 1995
Volume 793, Page 3212   View pdf image
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Ch. 552                                    1995 LAWS OF MARYLAND

(b)     (1) The prohibitions of subsection (a) of this section do not apply if
participation is allowed:

(i) as to officials and employees subject to the authority of the Ethics
Commission, by regulation of the Ethics Commission;

(ii) by the opinion of an advisory body; or

(iii) by another provision of this subtitle.

(2) This section does not prohibit participation by an official or employee
that is limited to the exercise of an administrative or ministerial duty that does not affect
the disposition or decision with respect to the matter involved.

(c)     An official or employee who otherwise would be disqualified from
participation under subsection (a) of this section shall disclose the nature and
circumstances of the conflict, and may participate or act, if:

(1)     the disqualification would leave a body with less than a quorum capable
of acting;

(2)     the disqualified official or employee is required by law to act; or

(3)     the disqualified official or employee is the only individual authorized to
act.

15-511.

(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, LIMITED LIABILITY PARTNERSHIPS,
OR LIMITED LIABILITY COMPANIES 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

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Session Laws, 1995
Volume 793, Page 3212   View pdf image
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