| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb1124* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 1124 | |
| 11 | 8 | G2, L2 EMERGENCY BILL 4lr3495 | |
| 12 | 9 | CF HB 834 | |
| 13 | 10 | By: Senator Jackson | |
| 14 | 11 | Introduced and read first time: February 9, 2024 | |
| 15 | 12 | Assigned to: Rules | |
| 16 | - | Re–referred to: Education, Energy, and the Environment, March 9, 2024 | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: March 21, 2024 | |
| 20 | 13 | ||
| 21 | - | ||
| 14 | + | A BILL ENTITLED | |
| 22 | 15 | ||
| 23 | 16 | AN ACT concerning 1 | |
| 24 | 17 | ||
| 25 | - | Calvert County – Ethics – Consequences of Conflict of Interest Violations and 2 | |
| 26 | - | Commissioner Expulsion 3 | |
| 18 | + | Calvert County – Ethics – Consequences of Conflict of Interest Violations 2 | |
| 27 | 19 | ||
| 28 | - | FOR the purpose of requiring that the conflict of interest provisions enacted by Calvert 4 | |
| 29 | - | County include certain provisions relating to judicial relief for certain violations of 5 | |
| 30 | - | the county’s conflict of interest provisions; requiring the ethics provisions enacted by 6 | |
| 31 | - | Calvert County to include a provision requiring the Calvert County Ethics 7 | |
| 32 | - | Commission to make public any recommendation it makes to expel a Commissioner; 8 | |
| 33 | - | requiring Calvert County to enact a law or regulation to require that authorizes the 9 | |
| 34 | - | removal of a county elected official from office for violations of certain conflict of 10 | |
| 35 | - | interest provisions; and generally relating to conflict of interest and expulsion 11 | |
| 36 | - | provisions in Calvert County. 12 | |
| 20 | + | FOR the purpose of requiring that the conflict of interest provisions enacted by Calvert 3 | |
| 21 | + | County include certain provisions relating to judicial relief for certain violations of 4 | |
| 22 | + | the county’s conflict of interest provisions; requiring Calvert County to enact a law 5 | |
| 23 | + | or regulation to require removal of a county elected official from office for violations 6 | |
| 24 | + | of certain conflict of interest provisions; and generally relating to conflict of interest 7 | |
| 25 | + | provisions in Calvert County. 8 | |
| 37 | 26 | ||
| 38 | - | BY repealing and reenacting, without amendments, | |
| 39 | - | Article – General Provisions | |
| 40 | - | Section 5–807(a) and 5–902 | |
| 41 | - | Annotated Code of Maryland | |
| 42 | - | (2019 Replacement Volume and 2023 Supplement) | |
| 27 | + | BY repealing and reenacting, without amendments, 9 | |
| 28 | + | Article – General Provisions 10 | |
| 29 | + | Section 5–807(a) and 5–902 11 | |
| 30 | + | Annotated Code of Maryland 12 | |
| 31 | + | (2019 Replacement Volume and 2023 Supplement) 13 | |
| 43 | 32 | ||
| 44 | - | BY adding to 18 | |
| 45 | - | Article – General Provisions 19 | |
| 46 | - | Section 5–811.1 20 | |
| 47 | - | Annotated Code of Maryland 21 | |
| 48 | - | (2019 Replacement Volume and 2023 Supplement) 22 2 SENATE BILL 1124 | |
| 33 | + | BY adding to 14 | |
| 34 | + | Article – General Provisions 15 | |
| 35 | + | Section 5–811.1 16 | |
| 36 | + | Annotated Code of Maryland 17 | |
| 37 | + | (2019 Replacement Volume and 2023 Supplement) 18 | |
| 38 | + | ||
| 39 | + | BY repealing and reenacting, with amendments, 19 | |
| 40 | + | Article – Local Government 20 | |
| 41 | + | Section 12–107 21 | |
| 42 | + | Annotated Code of Maryland 22 | |
| 43 | + | (2013 Volume and 2023 Supplement) 23 | |
| 44 | + | ||
| 45 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
| 46 | + | That the Laws of Maryland read as follows: 25 | |
| 47 | + | ||
| 48 | + | Article – General Provisions 26 2 SENATE BILL 1124 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | ||
| 52 | - | BY repealing and reenacting, with amendments, 1 | |
| 53 | - | Article – Local Government 2 | |
| 54 | - | Section 12–107 3 | |
| 55 | - | Annotated Code of Maryland 4 | |
| 56 | - | (2013 Volume and 2023 Supplement) 5 | |
| 52 | + | 5–807. 1 | |
| 57 | 53 | ||
| 58 | - | | |
| 59 | - | ||
| 54 | + | (a) Subject to § 5–209 of this title, each county and each municipal corporation 2 | |
| 55 | + | shall enact provisions to govern the public ethics of local officials relating to: 3 | |
| 60 | 56 | ||
| 61 | - | ||
| 57 | + | (1) conflicts of interest; 4 | |
| 62 | 58 | ||
| 63 | - | 5 | |
| 59 | + | (2) financial disclosure; and 5 | |
| 64 | 60 | ||
| 65 | - | (a) Subject to § 5–209 of this title, each county and each municipal corporation 10 | |
| 66 | - | shall enact provisions to govern the public ethics of local officials relating to: 11 | |
| 61 | + | (3) lobbying. 6 | |
| 67 | 62 | ||
| 68 | - | ||
| 63 | + | 5–811.1. 7 | |
| 69 | 64 | ||
| 70 | - | ( | |
| 65 | + | (A) THIS SECTION APPLIES ONLY IN CALVERT COUNTY. 8 | |
| 71 | 66 | ||
| 72 | - | (3) lobbying. 14 | |
| 67 | + | (B) THE COUNTY’S CONFLICT OF INTEREST PROVISIO NS REQUIRED UNDER 9 | |
| 68 | + | § 5–807(A)(1) OF THIS SUBTITLE SHA LL INCLUDE A LAW OR REGULATION THAT IS 10 | |
| 69 | + | EQUIVALENT TO OR EXC EEDS THE REQUIREMENT S OF § 5–902 OF THIS TITLE. 11 | |
| 73 | 70 | ||
| 74 | - | 5– | |
| 71 | + | 5–902. 12 | |
| 75 | 72 | ||
| 76 | - | (A) | |
| 73 | + | (a) The court may compel compliance with the Ethics Commission’s order by: 13 | |
| 77 | 74 | ||
| 78 | - | (B) THE COUNTY’S CONFLICT OF INTERE ST PROVISIONS REQUIR ED UNDER 17 | |
| 79 | - | § 5–807(A)(1) OF THIS SUBTITLE SHA LL INCLUDE A LAW OR REGULATION THAT IS 18 | |
| 80 | - | EQUIVALENT TO OR EXC EEDS THE REQUIREMENT S OF § 5–902 OF THIS TITLE. 19 | |
| 75 | + | (1) issuing an order to cease and desist from the violation; or 14 | |
| 81 | 76 | ||
| 82 | - | (C) THE COUNTY ’S ETHICS PROVISIONS SHALL INCLUDE A LAW OR 20 | |
| 83 | - | REGULATION THAT REQU IRES THE CALVERT COUNTY ETHICS COMMISSION TO 21 | |
| 84 | - | MAKE PUBLIC ANY RECO MMENDATION IT MAKES TO EXPEL A COMMISSIONER . 22 | |
| 77 | + | (2) granting other injunctive relief. 15 | |
| 85 | 78 | ||
| 86 | - | ||
| 79 | + | (b) (1) The court may also: 16 | |
| 87 | 80 | ||
| 88 | - | ( | |
| 81 | + | (i) impose a fine: 17 | |
| 89 | 82 | ||
| 90 | - | | |
| 83 | + | 1. not exceeding $5,000 for a violation of this title; 18 | |
| 91 | 84 | ||
| 92 | - | (2) granting other injunctive relief. 26 | |
| 85 | + | 2. with each day that the violation occurs being a separate 19 | |
| 86 | + | offense; and 20 | |
| 93 | 87 | ||
| 94 | - | (b) (1) The court may also: 27 | |
| 88 | + | 3. which shall be paid to the State Treasurer and deposited 21 | |
| 89 | + | in the General Fund; or 22 | |
| 95 | 90 | ||
| 96 | - | (i) impose a fine: 28 SENATE BILL 1124 3 | |
| 91 | + | (ii) except as provided in paragraph (2) of this subsection, void an 23 | |
| 92 | + | official act of an official or employee if: 24 | |
| 93 | + | ||
| 94 | + | 1. the official or employee had a conflict of interest that is 25 | |
| 95 | + | prohibited by this title; 26 | |
| 96 | + | SENATE BILL 1124 3 | |
| 97 | 97 | ||
| 98 | 98 | ||
| 99 | + | 2. the act arose from or concerned the subject matter of the 1 | |
| 100 | + | conflict; 2 | |
| 99 | 101 | ||
| 100 | - | 1. not exceeding $5,000 for a violation of this title; 1 | |
| 102 | + | 3. the proceeding was brought within 90 days after the act 3 | |
| 103 | + | occurred; and 4 | |
| 101 | 104 | ||
| 102 | - | | |
| 103 | - | ||
| 105 | + | 4. the court determines that the conflict had an impact on the 5 | |
| 106 | + | act. 6 | |
| 104 | 107 | ||
| 105 | - | 3. which shall be paid to the State Treasurer and deposited 4 | |
| 106 | - | in the General Fund; or 5 | |
| 108 | + | (2) The court may not void an official act that: 7 | |
| 107 | 109 | ||
| 108 | - | (ii) except as provided in paragraph (2) of this subsection, void an 6 | |
| 109 | - | official act of an official or employee if: 7 | |
| 110 | + | (i) appropriates public funds; 8 | |
| 110 | 111 | ||
| 111 | - | 1. the official or employee had a conflict of interest that is 8 | |
| 112 | - | prohibited by this title; 9 | |
| 112 | + | (ii) imposes a tax; or 9 | |
| 113 | 113 | ||
| 114 | - | | |
| 115 | - | ||
| 114 | + | (iii) provides for the issuance of a bond, a note, or any other evidence 10 | |
| 115 | + | of public obligation. 11 | |
| 116 | 116 | ||
| 117 | - | 3. the proceeding was brought within 90 days after the act 12 | |
| 118 | - | occurred; and 13 | |
| 117 | + | (c) After hearing the case, the court may grant all or part of the relief sought. 12 | |
| 119 | 118 | ||
| 120 | - | 4. the court determines that the conflict had an impact on the 14 | |
| 121 | - | act. 15 | |
| 119 | + | Article – Local Government 13 | |
| 122 | 120 | ||
| 123 | - | ||
| 121 | + | 12–107. 14 | |
| 124 | 122 | ||
| 125 | - | ( | |
| 123 | + | (a) This section applies to all counties except Baltimore City. 15 | |
| 126 | 124 | ||
| 127 | - | (ii) imposes a tax; or 18 | |
| 125 | + | (b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an 16 | |
| 126 | + | ordinance, or a resolution adopted by a commission county under this section. 17 | |
| 128 | 127 | ||
| 129 | - | (iii) provides for the issuance of a bond, a note, or any other evidence 19 | |
| 130 | - | of public obligation. 20 | |
| 128 | + | (c) The governing body of a county may enact a law or regulation: 18 | |
| 131 | 129 | ||
| 132 | - | (c) After hearing the case, the court may grant all or part of the relief sought. 21 | |
| 130 | + | (1) designed to prevent conflicts between the private interests and public 19 | |
| 131 | + | duties of county officers or employees, including the governing body; and 20 | |
| 133 | 132 | ||
| 134 | - | Article – Local Government 22 | |
| 133 | + | (2) to govern the conduct and actions of county officers and employees, 21 | |
| 134 | + | including the governing body, in performing their public duties. 22 | |
| 135 | 135 | ||
| 136 | - | 12–107. 23 | |
| 136 | + | (d) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 23 | |
| 137 | + | SUBSECTION, THE governing body of a county may enact a law or regulation to provide for 24 | |
| 138 | + | a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for 25 | |
| 139 | + | violation of any law or regulation enacted under subsection (c) of this section. 26 | |
| 137 | 140 | ||
| 138 | - | (a) This section applies to all counties except Baltimore City. 24 | |
| 139 | - | ||
| 140 | - | (b) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an 25 | |
| 141 | - | ordinance, or a resolution adopted by a commission county under this section. 26 | |
| 142 | - | ||
| 143 | - | (c) The governing body of a county may enact a law or regulation: 27 | |
| 144 | - | 4 SENATE BILL 1124 | |
| 141 | + | (2) THE GOVERNING BODY OF CALVERT COUNTY SHALL ENACT A LAW 27 | |
| 142 | + | OR REGULATION TO REQ UIRE REMOVAL OF A CO UNTY ELECTED OFFICIA L FROM 28 | |
| 143 | + | OFFICE FOR VIOLATION S OF ANY LAW OR REGU LATION ENACTED UNDER 29 | |
| 144 | + | SUBSECTION (C) OF THIS SECTION OR § 5–807(A)(1) OF THE GENERAL PROVISIONS 30 4 SENATE BILL 1124 | |
| 145 | 145 | ||
| 146 | 146 | ||
| 147 | - | (1) designed to prevent conflicts between the private interests and public 1 | |
| 148 | - | duties of county officers or employees, including the governing body; and 2 | |
| 147 | + | ARTICLE RELATING TO C ONFLICTS OF INTEREST . 1 | |
| 149 | 148 | ||
| 150 | - | (2) to govern the conduct and actions of county officers and employees, 3 | |
| 151 | - | including the governing body, in performing their public duties. 4 | |
| 149 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 2 | |
| 150 | + | measure, is necessary for the immediate preservation of the public health or safety, has 3 | |
| 151 | + | been passed by a yea and nay vote supported by three–fifths of all the members elected to 4 | |
| 152 | + | each of the two Houses of the General Assembly, and shall take effect from the date it is 5 | |
| 153 | + | enacted. 6 | |
| 152 | 154 | ||
| 153 | - | (d) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 5 | |
| 154 | - | SUBSECTION, THE governing body of a county may enact a law or regulation to provide for 6 | |
| 155 | - | a penalty, including a fine, a forfeiture, an imprisonment, or a removal from office for 7 | |
| 156 | - | violation of any law or regulation enacted under subsection (c) of this section. 8 | |
| 157 | - | ||
| 158 | - | (2) THE GOVERNING BODY OF CALVERT COUNTY SHALL ENACT A LAW 9 | |
| 159 | - | OR REGULATION TO REQUIRE REMOVAL O F THAT AUTHORIZES THE GOVERNING 10 | |
| 160 | - | BODY TO REMOVE A COUNTY ELECTED OFF ICIAL FROM OFFICE FO R VIOLATIONS OF 11 | |
| 161 | - | ANY LAW OR REGULATIO N ENACTED UNDER SUBS ECTION (C) OF THIS SECTION OR § 12 | |
| 162 | - | 5–807(A)(1) OF THE GENERAL PROVISIONS ARTICLE RELATING TO C ONFLICTS OF 13 | |
| 163 | - | INTEREST. 14 | |
| 164 | - | ||
| 165 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 15 | |
| 166 | - | measure, is necessary for the immediate preservation of the public health or safety, has 16 | |
| 167 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to 17 | |
| 168 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is 18 | |
| 169 | - | enacted. 19 | |
| 170 | - | ||
| 171 | - | ||
| 172 | - | ||
| 173 | - | ||
| 174 | - | ||
| 175 | - | Approved: | |
| 176 | - | ________________________________________________________________________________ | |
| 177 | - | Governor. | |
| 178 | - | ________________________________________________________________________________ | |
| 179 | - | President of the Senate. | |
| 180 | - | ________________________________________________________________________________ | |
| 181 | - | Speaker of the House of Delegates. |