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§ 5-513. Suspension of disqualification

West's Annotated Code of MarylandGeneral ProvisionsEffective: October 1, 2017

West's Annotated Code of Maryland
General Provisions (Refs & Annos)
Title 5. Maryland Public Ethics Law (Refs & Annos)
Subtitle 5. Conflicts of Interest (Refs & Annos)
Part II. Special Legislative Provisions (Refs & Annos)
Effective: October 1, 2017
MD Code, General Provisions, § 5-513
Formerly cited as MD CODE, SG, § 15-512
§ 5-513. Suspension of disqualification
Currentness
Disclaimer of conflict; exception
(a)(1) Except as provided in paragraph (2) of this subsection, the disqualification arising under § 5-512 of this subtitle is suspended if a legislator with an apparent or presumed conflict files with the Joint Ethics Committee a sworn statement that:
(i) describes the circumstances of the apparent or presumed conflict and the legislation, class of legislation, or legislative action to which it relates; and
(ii) asserts that the legislator is able to participate in legislative action relating to the matter fairly, objectively, and in the public interest.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, the disqualification arising under § 5-512 of this subtitle may not be suspended if the conflict is direct and personal to:
1. the legislator;
2. a member of the legislator's immediate family; or
3. the legislator's employer.
(ii) This paragraph does not apply to a vote on:
1. the annual operating budget bill, in its entirety; or
2. the annual capital budget bill, in its entirety.
Statement of Joint Ethics Committee; further action
(b)(1) Whenever a legislator files a statement described in subsection (a)(1) of this section, the Joint Ethics Committee on its own motion may issue a statement concerning the propriety of the legislator's participation in the particular legislative action, with reference to the applicable ethical standards.
(2) The suspension of the disqualification by the filing of the statement is subject to further action by the Joint Ethics Committee if the question of conflict comes before the Committee as to the same circumstances and the same legislator.
Statement of recusal
(c) A member who is disqualified from participating in legislative action under subsection (a)(2)(i) of this section, or who chooses to be excused from participating in legislative action on a bill or class of bills because of the appearance or presumption of a conflict, shall file in a timely manner a statement with the Joint Ethics Committee that describes the circumstances of the apparent or presumed conflict.
Public record
(d) All statements filed under this section shall be:
(1) filed electronically on a form required by the Joint Ethics Committee; and
(2) maintained as a matter of public record as required in subsection (e) of this section.
Statements available for public inspection; contents
(e)(1) The Department of Legislative Services shall:
(i) compile the statements filed under this section;
(ii) make the statements available for public inspection as provided in the Public Information Act; and
(iii) as to statements filed on or after January 1, 2013, make the statements freely available to the public on the Internet through an online registration program.
(2) As to each statement, the Internet posting shall indicate:
(i) whether the Joint Ethics Committee has made a determination under subsection (b) of this section;
(ii) the determination made, if any; and
(iii) the date, if any, on which the determination was made.

Credits

Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2017, c. 31, § 1, eff. Oct. 1, 2017.
MD Code, General Provisions, § 5-513, MD GEN PROVIS § 5-513
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document