MD
Maryland House Bill HB834

Maryland 2024 Regular Session

Maryland House Bill HB834 Compare Versions

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1- WES MOORE, Governor Ch. 370
21
3-– 1 –
4-Chapter 370
5-(House Bill 834)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0834*
89
9-Calvert County – Ethics – Consequences of Conflict of Interest Violations and
10-Commissioner Expulsion
10+HOUSE BILL 834
11+G2, L2 EMERGENCY BILL 4lr0474
12+ CF SB 1124
13+By: Delegates Fisher and T. Morgan Calvert County Delegation
14+Introduced and read first time: January 31, 2024
15+Assigned to: Environment and Transportation
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 5, 2024
1119
12-FOR the purpose of requiring that the conflict of interest provisions enacted by Calvert
13-County include certain provisions relating to judicial relief for certain violations of
14-the county’s conflict of interest provisions; requiring the ethics provisions enacted by
15-Calvert County to include a provision requiring the Calvert County Ethics
16-Commission to make public any recommendation it makes to expel a Commissioner;
17-requiring Calvert County to enact a law or regulation to require that authorizes the
18-removal of a county elected official from office for violations of certain conflict of
19-interest provisions; and generally relating to conflict of interest and expulsion
20-provisions in Calvert County.
20+CHAPTER ______
2121
22-BY repealing and reenacting, without amendments,
23- Article – General Provisions
24-Section 5–807(a) and 5–902
25- Annotated Code of Maryland
26- (2019 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2723
28-BY adding to
29- Article – General Provisions
30-Section 5–811.1
31- Annotated Code of Maryland
32- (2019 Replacement Volume and 2023 Supplement)
24+Calvert County – Ethics – Consequences of Conflict of Interest Violations and 2
25+Commissioner Expulsion 3
3326
34-BY repealing and reenacting, with amendments,
35- Article – Local Government
36-Section 12–107
37- Annotated Code of Maryland
38- (2013 Volume and 2023 Supplement)
27+FOR the purpose of requiring that the conflict of interest provisions enacted by Calvert 4
28+County include certain provisions relating to judicial relief for certain violations of 5
29+the county’s conflict of interest provisions; requiring the ethics provisions enacted by 6
30+Calvert County to include a provision requiring the Calvert County Ethics 7
31+Commission to make public any recommendation it makes to expel a Commissioner; 8
32+requiring Calvert County to enact a law or regulation to require that authorizes the 9
33+removal of a county elected official from office for violations of certain conflict of 10
34+interest provisions; and generally relating to conflict of interest and expulsion 11
35+provisions in Calvert County. 12
3936
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41-That the Laws of Maryland read as follows:
37+BY repealing and reenacting, without amendments, 13
38+ Article – General Provisions 14
39+Section 5–807(a) and 5–902 15
40+ Annotated Code of Maryland 16
41+ (2019 Replacement Volume and 2023 Supplement) 17
4242
43-Article – General Provisions
43+BY adding to 18
44+ Article – General Provisions 19
45+Section 5–811.1 20
46+ Annotated Code of Maryland 21
47+ (2019 Replacement Volume and 2023 Supplement) 22
48+ 2 HOUSE BILL 834
4449
45-5–807.
4650
47- (a) Subject to § 5–209 of this title, each county and each municipal corporation
48-shall enact provisions to govern the public ethics of local officials relating to:
49- Ch. 370 2024 LAWS OF MARYLAND
51+BY repealing and reenacting, with amendments, 1
52+ Article – Local Government 2
53+Section 12–107 3
54+ Annotated Code of Maryland 4
55+ (2013 Volume and 2023 Supplement) 5
5056
51-– 2 –
52- (1) conflicts of interest;
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5359
54- (2) financial disclosure; and
60+Article – General Provisions 8
5561
56- (3) lobbying.
62+5–807. 9
5763
58-5–811.1.
64+ (a) Subject to § 5–209 of this title, each county and each municipal corporation 10
65+shall enact provisions to govern the public ethics of local officials relating to: 11
5966
60- (A) THIS SECTION APPLIES ONLY IN CALVERT COUNTY.
67+ (1) conflicts of interest; 12
6168
62- (B) THE COUNTY’S CONFLICT OF INTERE ST PROVISIONS REQUIR ED UNDER
63-§ 5–807(A)(1) OF THIS SUBTITLE SHA LL INCLUDE A LAW OR REGULATION THAT IS
64-EQUIVALENT TO OR EXCEEDS THE RE QUIREMENTS OF § 5–902 OF THIS TITLE.
69+ (2) financial disclosure; and 13
6570
66- (C) THE COUNTY ’S ETHICS PROVISIONS SHALL INCLUDE A LAW OR
67-REGULATION THAT REQU IRES THE CALVERT COUNTY ETHICS COMMISSION TO
68-MAKE PUBLIC ANY RECO MMENDATION IT MAKES TO EXPEL A COMMISSIONER .
71+ (3) lobbying. 14
6972
70-5–902.
73+5–811.1. 15
7174
72- (a) The court may compel compliance with the Ethics Commission’s order by:
75+ (A) THIS SECTION APPLIES ONLY IN CALVERT COUNTY. 16
7376
74- (1) issuing an order to cease and desist from the violation; or
77+ (B) THE COUNTY’S CONFLICT OF INTERE ST PROVISIONS REQUIR ED UNDER 17
78+§ 5–807(A)(1) OF THIS SUBTITLE SHA LL INCLUDE A LAW OR REGULATION THAT IS 18
79+EQUIVALENT TO OR EXC EEDS THE REQUIREMENTS OF § 5–902 OF THIS TITLE. 19
7580
76- (2) granting other injunctive relief.
81+ (C) THE COUNTY ’S ETHICS PROVISIONS SHALL INCLUDE A LAW OR 20
82+REGULATION THAT REQU IRES THE CALVERT COUNTY ETHICS COMMISSION TO 21
83+MAKE PUBLIC ANY RECO MMENDATION IT MAKES TO EXPEL A COMMISSIONER . 22
7784
78- (b) (1) The court may also:
85+5–902. 23
7986
80- (i) impose a fine:
87+ (a) The court may compel compliance with the Ethics Commission’s order by: 24
8188
82- 1. not exceeding $5,000 for a violation of this title;
89+ (1) issuing an order to cease and desist from the violation; or 25
8390
84- 2. with each day that the violation occurs being a separate
85-offense; and
91+ (2) granting other injunctive relief. 26
8692
87- 3. which shall be paid to the State Treasurer and deposited
88-in the General Fund; or
93+ (b) (1) The court may also: 27
8994
90- (ii) except as provided in paragraph (2) of this subsection, void an
91-official act of an official or employee if:
95+ (i) impose a fine: 28
96+ HOUSE BILL 834 3
9297
93- 1. the official or employee had a conflict of interest that is
94-prohibited by this title;
95- WES MOORE, Governor Ch. 370
9698
97-– 3 –
98- 2. the act arose from or concerned the subject matter of the
99-conflict;
99+ 1. not exceeding $5,000 for a violation of this title; 1
100100
101- 3. the proceeding was brought within 90 days after the act
102-occurred; and
101+ 2. with each day that the violation occurs being a separate 2
102+offense; and 3
103103
104- 4. the court determines that the conflict had an impact on the
105-act.
104+ 3. which shall be paid to the State Treasurer and deposited 4
105+in the General Fund; or 5
106106
107- (2) The court may not void an official act that:
107+ (ii) except as provided in paragraph (2) of this subsection, void an 6
108+official act of an official or employee if: 7
108109
109- (i) appropriates public funds;
110+ 1. the official or employee had a conflict of interest that is 8
111+prohibited by this title; 9
110112
111- (ii) imposes a tax; or
113+ 2. the act arose from or concerned the subject matter of the 10
114+conflict; 11
112115
113- (iii) provides for the issuance of a bond, a note, or any other evidence
114-of public obligation.
116+ 3. the proceeding was brought within 90 days after the act 12
117+occurred; and 13
115118
116- (c) After hearing the case, the court may grant all or part of the relief sought.
119+ 4. the court determines that the conflict had an impact on the 14
120+act. 15
117121
118-Article – Local Government
122+ (2) The court may not void an official act that: 16
119123
120-12–107.
124+ (i) appropriates public funds; 17
121125
122- (a) This section applies to all counties except Baltimore City.
126+ (ii) imposes a tax; or 18
123127
124- (b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an
125-ordinance, or a resolution adopted by a commission county under this section.
128+ (iii) provides for the issuance of a bond, a note, or any other evidence 19
129+of public obligation. 20
126130
127- (c) The governing body of a county may enact a law or regulation:
131+ (c) After hearing the case, the court may grant all or part of the relief sought. 21
128132
129- (1) designed to prevent conflicts between the private interests and public
130-duties of county officers or employees, including the governing body; and
133+Article – Local Government 22
131134
132- (2) to govern the conduct and actions of county officers and employees,
133-including the governing body, in performing their public duties.
135+12–107. 23
134136
135- (d) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
136-SUBSECTION, THE governing body of a county may enact a law or regulation to provide for
137-a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for
138-violation of any law or regulation enacted under subsection (c) of this section.
137+ (a) This section applies to all counties except Baltimore City. 24
139138
140- (2) THE GOVERNING BODY OF CALVERT COUNTY SHALL ENACT A LAW
141-OR REGULATION TO REQUIRE REMOVAL O F THAT AUTHORIZES THE GOVERNING
142-BODY TO REMOVE A COUNTY ELECTED OFF ICIAL FROM OFFICE FOR V IOLATIONS OF
143-ANY LAW OR REGULATIO N ENACTED UNDER SUBS ECTION (C) OF THIS SECTION OR § Ch. 370 2024 LAWS OF MARYLAND
139+ (b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an 25
140+ordinance, or a resolution adopted by a commission county under this section. 26
144141
145-– 4 –
146-5–807(A)(1) OF THE GENERAL PROVISIONS ARTICLE RELATING TO C ONFLICTS OF
147-INTEREST.
142+ (c) The governing body of a county may enact a law or regulation: 27
148143
149- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
150-measure, is necessary for the immediate preservation of the public health or safety, has
151-been passed by a yea and nay vote supported by three–fifths of all the members elected to
152-each of the two Houses of the General Assembly, and shall take effect from the date it is
153-enacted.
144+ (1) designed to prevent conflicts between the private interests and public 28
145+duties of county officers or employees, including the governing body; and 29 4 HOUSE BILL 834
154146
155-Approved by the Governor, April 25, 2024.
147+
148+
149+ (2) to govern the conduct and actions of county officers and employees, 1
150+including the governing body, in performing their public duties. 2
151+
152+ (d) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 3
153+SUBSECTION, THE governing body of a county may enact a law or regulation to provide for 4
154+a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for 5
155+violation of any law or regulation enacted under subsection (c) of this section. 6
156+
157+ (2) THE GOVERNING BODY OF CALVERT COUNTY SHALL ENACT A LAW 7
158+OR REGULATION TO REQUIRE REMOVAL O F THAT AUTHORIZES THE GOVERNING 8
159+BODY TO REMOVE A COUNTY ELECTED OFF ICIAL FROM OFFICE FOR VIOLATION S OF 9
160+ANY LAW OR REGULATIO N ENACTED UNDER SUBS ECTION (C) OF THIS SECTION OR § 10
161+5–807(A)(1) OF THE GENERAL PROVISIONS ARTICLE RELATING TO C ONFLICTS OF 11
162+INTEREST. 12
163+
164+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 13
165+measure, is necessary for the immediate preservation of the public health or safety, has 14
166+been passed by a yea and nay vote supported by three–fifths of all the members elected to 15
167+each of the two Houses of the General Assembly, and shall take effect from the date it is 16
168+enacted. 17
169+
170+
171+
172+
173+Approved:
174+________________________________________________________________________________
175+ Governor.
176+________________________________________________________________________________
177+ Speaker of the House of Delegates.
178+________________________________________________________________________________
179+ President of the Senate.