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<section article="ggp" article_name="General Provisions" number="5-505" title_number="5" title_name="Maryland Public Ethics Law" subtitle_number="5" subtitle_name="Conflicts of Interest">
  <level label="a">
    <level label="1">
      <text>An official or employee may not solicit any gift.</text>
    </level>
    <level label="2">
      <text>An official may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist described in  § 5–702(a)(1) of this title.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>In this subsection, “entity” does not include a governmental unit.</text>
    </level>
    <level label="2">
      <text>Except as provided in subsection (c) of this section, an official or employee may not knowingly accept a gift, directly or indirectly, from an entity that the official or employee knows or has reason to know:</text>
      <level label="i">
        <text>does or seeks to do any business of any kind, regardless of amount, with the official’s or employee’s governmental unit;</text>
      </level>
      <level label="ii">
        <text>engages in an activity that is regulated or controlled by the official’s or employee’s governmental unit;</text>
      </level>
      <level label="iii">
        <text>has a financial interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official’s or employee’s official duties;</text>
      </level>
      <level label="iv">
        <text>is a regulated lobbyist with respect to matters within the jurisdiction of the official or employee; or</text>
      </level>
      <level label="v">
        <text>is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Notwithstanding subsection (b) of this section, an official or employee may accept a gift listed in paragraph (2) of this subsection unless:</text>
      <level label="i">
        <text>the gift would tend to impair the impartiality and independent judgment of the official or employee; or</text>
      </level>
      <level label="ii">
        <text>as to a gift of significant value:</text>
        <level label="1">
          <text>the gift would give the appearance of impairing the impartiality and independent judgment of the official or employee; or</text>
        </level>
        <level label="2">
          <text>the official or employee believes or has reason to believe that the gift is designed to impair the impartiality and independent judgment of the official or employee.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Subject to paragraph (1) of this subsection, subsection (b) of this section does not apply to:</text>
      <level label="i">
        <level label="1">
          <text>except for officials of the Legislative Branch, meals or beverages received and consumed by the official or employee in the presence of the donor or sponsoring entity;</text>
        </level>
        <level label="2">
          <text>for officials of the Legislative Branch, food or beverages received and consumed by the official in the presence of the donor or sponsoring entity as part of a meal or reception to which all members of a legislative unit were invited;</text>
        </level>
        <level label="3">
          <text>for a member of the General Assembly, food or beverages received from a donor or sponsoring entity, other than an individual regulated lobbyist described in § 5–702(a)(1) of this title, during a period when the General Assembly is not in session, at a location that is within a county that contains the member’s district, provided that the donor or sponsoring entity is located within a county that contains the member’s district; or</text>
        </level>
        <level label="4">
          <text>for a member of the General Assembly, food or beverages received at the time and geographic location of a meeting of a legislative organization for which the member’s presiding officer has approved the member’s attendance at State expense;</text>
        </level>
      </level>
      <level label="ii">
        <text>ceremonial gifts or awards of insignificant monetary value;</text>
      </level>
      <level label="iii">
        <text>except for a State official of the Executive Branch or Legislative Branch, unsolicited gifts of nominal value;</text>
      </level>
      <level label="iv">
        <text>for a State official of the Executive Branch or Legislative Branch, unsolicited gifts from a regulated lobbyist that are not meals or alcoholic beverages and that do not exceed $20 in cost;</text>
      </level>
      <level label="v">
        <text>trivial gifts of informational value;</text>
      </level>
      <level label="vi">
        <text>in return for participation on a panel or a speaking engagement at a meeting, reasonable expenses for food, travel, lodging, or scheduled entertainment of the official or employee if the expenses are associated with the meeting, except that, if such expenses for a State official of the Legislative Branch or Executive Branch are to be paid by a regulated lobbyist and are anticipated to exceed $500, the official shall notify the appropriate advisory body before attending the meeting;</text>
      </level>
      <level label="vii">
        <text>for a member of the General Assembly, reasonable expenses for food, travel, lodging, or scheduled entertainment to attend a legislative conference that has been approved by the member’s presiding officer;</text>
      </level>
      <level label="viii">
        <text>tickets or free admission extended to an elected constitutional officer from the person sponsoring or conducting the event, as a courtesy or ceremony to the office, to attend a charitable, cultural, or political event;</text>
      </level>
      <level label="ix">
        <text>a specific gift or class of gifts exempted from subsection (b) of this section by the Ethics Commission on a written finding that:</text>
        <level label="1">
          <text>acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of government; and</text>
        </level>
        <level label="2">
          <text>the gift is purely personal and private in nature;</text>
        </level>
      </level>
      <level label="x">
        <text>a gift from:</text>
        <level label="1">
          <text>an individual related to the official or employee by blood or marriage; or</text>
        </level>
        <level label="2">
          <text>any other individual who is a member of the household of the official or employee; or</text>
        </level>
      </level>
      <level label="xi">
        <text>to the extent provided in subsection (d) of this section, honoraria.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Except as provided in subsection (c)(2)(vi) of this section, a member or member–elect of the General Assembly may not accept an honorarium.</text>
    </level>
    <level label="2">
      <text>Subject to subsection (c)(1) of this section, an official or employee who is not a member or member–elect of the General Assembly may accept an honorarium if:</text>
      <level label="i">
        <text>the honorarium is limited to reasonable expenses for the official’s meals, travel, and lodging, and reasonable and verifiable expenses for care of a child or dependent adult, that are actually incurred;</text>
      </level>
      <level label="ii">
        <text>the honorarium consists of gifts described in subsection (c)(2)(ii) through (iv) of this section; or</text>
      </level>
      <level label="iii">
        <text>the official or employee is a faculty member of a State institution of higher education who does not hold another position as an official that precludes receiving the honorarium.</text>
      </level>
    </level>
    <level label="3">
      <text>Other than as allowed by paragraph (2) of this subsection, an honorarium may not be accepted, even if allowed by subsection (c)(1) of this section, if:</text>
      <level label="i">
        <text>the payor of the honorarium has an interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the official’s or employee’s official duties; and</text>
      </level>
      <level label="ii">
        <text>the offering of the honorarium is related in any way to the official’s or employee’s official position.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>An official or employee may not accept a gift that is prohibited under § 13–211 of the State Finance and Procurement Article.</text>
  </level>
  <level label="f">
    <text>By regulation, the Ethics Commission may define further exemptions from this section as may be necessary.</text>
  </level>
</section>
