EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1124*
SENATE BILL 1124
G2, L2 EMERGENCY BILL 4lr3495
CF HB 834
By: Senator Jackson
Introduced and read first time: February 9, 2024
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Calvert County – Ethics – Consequences of Conflict of Interest Violations 2
FOR the purpose of requiring that the conflict of interest provisions enacted by Calvert 3
County include certain provisions relating to judicial relief for certain violations of 4
the county’s conflict of interest provisions; requiring Calvert County to enact a law 5
or regulation to require removal of a county elected official from office for violations 6
of certain conflict of interest provisions; and generally relating to conflict of interest 7
provisions in Calvert County. 8
BY repealing and reenacting, without amendments, 9
Article – General Provisions 10
Section 5–807(a) and 5–902 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – General Provisions 15
Section 5–811.1 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Local Government 20
Section 12–107 21
Annotated Code of Maryland 22
(2013 Volume and 2023 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – General Provisions 26 2 SENATE BILL 1124
5–807. 1
(a) Subject to § 5–209 of this title, each county and each municipal corporation 2
shall enact provisions to govern the public ethics of local officials relating to: 3
(1) conflicts of interest; 4
(2) financial disclosure; and 5
(3) lobbying. 6
5–811.1. 7
(A) THIS SECTION APPLIES ONLY IN CALVERT COUNTY. 8
(B) THE COUNTY’S CONFLICT OF INTEREST PROVISIO NS REQUIRED UNDER 9
§ 5–807(A)(1) OF THIS SUBTITLE SHA LL INCLUDE A LAW OR REGULATION THAT IS 10
EQUIVALENT TO OR EXC EEDS THE REQUIREMENT S OF § 5–902 OF THIS TITLE. 11
5–902. 12
(a) The court may compel compliance with the Ethics Commission’s order by: 13
(1) issuing an order to cease and desist from the violation; or 14
(2) granting other injunctive relief. 15
(b) (1) The court may also: 16
(i) impose a fine: 17
1. not exceeding $5,000 for a violation of this title; 18
2. with each day that the violation occurs being a separate 19
offense; and 20
3. which shall be paid to the State Treasurer and deposited 21
in the General Fund; or 22
(ii) except as provided in paragraph (2) of this subsection, void an 23
official act of an official or employee if: 24
1. the official or employee had a conflict of interest that is 25
prohibited by this title; 26
SENATE BILL 1124 3
2. the act arose from or concerned the subject matter of the 1
conflict; 2
3. the proceeding was brought within 90 days after the act 3
occurred; and 4
4. the court determines that the conflict had an impact on the 5
act. 6
(2) The court may not void an official act that: 7
(i) appropriates public funds; 8
(ii) imposes a tax; or 9
(iii) provides for the issuance of a bond, a note, or any other evidence 10
of public obligation. 11
(c) After hearing the case, the court may grant all or part of the relief sought. 12
Article – Local Government 13
12–107. 14
(a) This section applies to all counties except Baltimore City. 15
(b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an 16
ordinance, or a resolution adopted by a commission county under this section. 17
(c) The governing body of a county may enact a law or regulation: 18
(1) designed to prevent conflicts between the private interests and public 19
duties of county officers or employees, including the governing body; and 20
(2) to govern the conduct and actions of county officers and employees, 21
including the governing body, in performing their public duties. 22
(d) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 23
SUBSECTION, THE governing body of a county may enact a law or regulation to provide for 24
a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for 25
violation of any law or regulation enacted under subsection (c) of this section. 26
(2) THE GOVERNING BODY OF CALVERT COUNTY SHALL ENACT A LAW 27
OR REGULATION TO REQ UIRE REMOVAL OF A CO UNTY ELECTED OFFICIA L FROM 28
OFFICE FOR VIOLATION S OF ANY LAW OR REGU LATION ENACTED UNDER 29
SUBSECTION (C) OF THIS SECTION OR § 5–807(A)(1) OF THE GENERAL PROVISIONS 30 4 SENATE BILL 1124
ARTICLE RELATING TO C ONFLICTS OF INTEREST . 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 2
measure, is necessary for the immediate preservation of the public health or safety, has 3
been passed by a yea and nay vote supported by three–fifths of all the members elected to 4
each of the two Houses of the General Assembly, and shall take effect from the date it is 5
enacted. 6