HR03

HOUSE RESOLUTION 3

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Nate Gentry

A RESOLUTION

AMENDING, ADOPTING AND REPEALING CERTAIN HOUSE RULES.

WHEREAS, House Rule 24-1 provides that the rules of the house may be amended by a two-thirds' vote of the members of the house or by a majority vote of the members of the house upon the recommendation of the house rules and order of business committee;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the following house rules be amended, adopted or repealed to read:

"1-4 Once elected, officers shall not be removed except by a two-thirds' vote of the [house] members present.";

"1-5 An officer of the house shall not solicit subscriptions or contributions for any purpose from any other officer or employee thereof nor from any member; nor shall any person be permitted to solicit or receive subscriptions or contributions for any purpose on the floor or in the lobby of the house.";

"2-2 [The hiring and dismissal of employees shall be the responsibility of the committee on printing and supplies.]";

"2-3 No honorary page shall be appointed unless [he] the honorary page is at least ten years of age and unless the member sponsoring [such] the honorary page makes arrangements with the chief clerk. [at least two calendar days prior to the day in which it is desired to have the honorary page serve in the house. No honorary page shall be appointed to serve two or more consecutive days, and no more than sixteen honorary pages shall be appointed to serve in one calendar day.]";

"4-1 The speaker shall preserve order and decorum in the house, galleries, lobby and rooms connected therewith. In the case of disturbance or disorderly conduct in the galleries or lobby, [he] the speaker may order them cleared or cause the removal of disorderly persons.";

"5-1 At the close of any legislative session, all committee [chairmen] chairs shall return to the chief clerk all bills, resolutions, memorials, communications and petitions in their possession [which] that have been referred to them and [which] that have not been disposed of in their regular order.";

"5-3 The chief clerk shall:

(a) attend every session and call the roll when ordered to do so by the speaker;

(b) read or cause to be read all bills, amendments, memorials, resolutions and papers ordered to be read by the speaker;

(c) prepare and furnish each member with a copy of the daily calendar [which] that shall include all bills for third reading and other matters to be considered by the house;

(d) see that all bills and other papers shall be presented to the house in the order in which they are reported or stand upon the calendar, unless otherwise directed by the house;

(e) keep a correct journal of the proceedings of the house, in which shall be recorded in full all messages from the governor to the house or the legislature during the present session, all titles of bills, resolutions and memorials introduced or submitted for the consideration of the house;

(f) superintend all copying and work to be done for the house;

(g) notify the house of the action by the senate on all matters originating in the house and requiring action on the part of the house;

(h) during the session, present to the governor and enter upon the journal such bills and other matters that originated in the house and were passed by both houses and require the governor's consideration; transmit all bills, joint resolutions and joint memorials [which] that have been passed by the house to the senate, but before doing so, the chief clerk shall certify thereon the facts of their passage and the date thereof and the votes by which they passed;

(i) under the direction of the speaker, have control and care during the session of all rooms, passages and parts of the capitol set apart for the use of the house of representatives;

(j) direct, assign and reassign all employees of the house to their respective duties, except the assistant sergeants-at-arms, and report to the house all incompetent employees with [his] the clerk's recommendation for removal, and such report shall be acted upon forthwith;

(k) by Friday of each week, [publish or mimeograph for distribution] distribute to each member of the legislature and to the public, a schedule for the succeeding week of all house committee hearings, as reported by the committee [chairmen] chairs, showing by number and short title the bill to be heard, the committee [which] that will conduct the hearing and the time, date and place of hearing;

(l) prepare a list showing the status of legislation either on the speaker's table or in committee at the time of final adjournment, which list shall be included in the journal [and deliver all such documents to the secretary of state to be filed by him as a permanent record]; and

(m) permit no papers or records belonging to the house to be taken out of [his] the clerk's custody other than by the regular course of business.

(n)***.";

"6-1 The sergeant-at-arms, except when absent in the discharge of [his] the sergeant's duties, shall be in constant attendance upon the sessions of house and enforce order on the floor of the house and in the lobbies, galleries and passages and rooms connected therewith and see that no person remains on the floor of the house unless entitled to privileges thereof.";

"6-2 The sergeant-at-arms shall execute the orders of the speaker and of the house, together with all processes issued by authority thereof, as directed [to him] by the chief clerk or by the speaker.";

"6-6 [Whenever a message arrives from the governor or the senate, the sergeant-at-arms shall receive the message and announce its arrival to the speaker.]";

"7-3 If at any time during the session of the house a question is raised by any member as to the presence of a quorum, the speaker shall forthwith direct a roll call and shall announce the result, and such proceedings shall not be interrupted by any other member raising the question of a lack of quorum. The question as to the presence of a quorum shall not be raised more often than once every hour, unless the lack of a quorum is disclosed [upon a roll call of yeas and nays]. Whenever, upon a roll call, any member who is upon the floor of the house refuses to respond or vote, it is the duty of the speaker, either upon [his] the speaker's own motion or upon the suggestion of any member, to request that member to respond or vote. If the member fails to respond or vote when so requested, the fact of such request and refusal shall be entered in the journal and such member shall be counted as present for the purpose of constituting a quorum.";

"7-5 Every member of the house shall vote on each question or motion coming [up] before the house when requested to do so by the speaker, unless excused by a majority vote of those members present.";

"7-6 A member who desires to be excused from voting may, after the roll call is requested but before the roll call is commenced, make a brief statement, not occupying more than three minutes, explaining [his] the member's reasons for desiring to be excused. The question of excusing [him] the member shall be decided without debate.";

"7-7 No member upon a roll call vote shall be allowed to explain [his] the member's vote during roll call; however, at the conclusion of the roll call, a member shall be allowed one minute to explain [his] the member's vote.";

"7-8 A member rising to debate, to present a petition or other paper, to give notice, to make a motion or to report shall address the speaker and shall not proceed further until recognized by [him] the speaker.";

"7-9 No member shall speak more than once in any one day at the same stage of the [bill] proceedings, except for explanation, without permission of the speaker so long as any member who has not debated the matter desires to speak.";

"7-10 No member shall be interrupted when speaking except to raise a question of privilege, raise a point of order requiring an immediate ruling, make a parliamentary inquiry requiring an immediate reply, call attention to disorderly conduct or to disorderly words used in debate or raise a question of "no quorum" as provided in House Rule 7-3; nor shall any motion be in order until such member has concluded, and no question shall be asked [him] any member except those propounded through the speaker and with the consent of the member.";

"7-13 When a member is called to order, [he shall take his seat] the member shall be seated until the speaker has determined whether [he] the member is in order or not; and if decided to be out of order, [he] the member shall not proceed without the permission of the house. Every question of order shall be decided by the speaker, subject to an appeal to the house. No second appeal shall be determined until the original appeal has been decided. If a member is called to order for words spoken, the words excepted to shall be immediately taken down in writing.";

"7-15 Upon an appeal from the decision of the speaker, the question, which may be debated subject to the limitation in House Rule 4-3, shall be put substantially as follows: "Shall the decision of the chair be sustained?", and if a majority of the members present vote in the negative, the decision shall be reversed.";

"7-17 No member of the house of representatives, or any agent on [his] the member's behalf, shall knowingly solicit a contribution for a political purpose for that period beginning January 1 prior to any regular session of the legislature and ending on the twentieth day following the adjournment of the regular session. For purposes of this rule, "political purpose" means influencing or attempting to influence an election, including a constitutional amendment or other question submitted to the voters.";

"8-1 The speaker shall take the chair each day at the hour to which the house shall have adjourned and shall call the house to order, after which [he] the speaker shall direct the roll of the members to be called, and if there be a quorum present, [he] the speaker shall call up the business of the day as follows:

Order of Business

(1) prayer;

(2) pledge of allegiance;

(3) reading of the journal;

(4) introduction of legislation:

(a) bills;

(b) joint resolutions;

(d) joint memorials; and

(e) memorials;

(5) reports of committees:

(a) standing; and

(b) special;

(6) third reading of legislation;

(7) business on speaker's table;

(8) reading of messages and petitions; and

(9) announcements and miscellaneous business.";

"8-3 A proposition requesting information from the governor or any office of the state is in order at any time, unless otherwise determined by a majority of the members elected, and when adopted, the chief clerk shall cause the request to be forwarded immediately to the governor or other state officer.";

"8-6 The concurrence in senate amendments to house bills shall be taken up and considered by the house under that order of business, "reading of messages and petitions". [Except during the sixtieth legislative day of an odd-year session and during the thirtieth legislative day of an even-year session] The house shall not consider or take any action for or against such concurrence to senate amendments to house bills until the amendments have been printed.";

"9-1-2 The speaker shall designate the [chairmen] chair, vice chair and other officers when the committee is appointed.";

"9-3 No member shall be appointed to more than two substantive committees. No member appointed to the appropriations and finance committee shall also be appointed as [chairman] chair of any other substantive committee. No member appointed [to the chairmanship or vice chairmanship] as chair or vice chair of any substantive committee shall also be appointed as [chairman or vice chairman] chair or vice chair of any other substantive committee. This rule shall not be construed to prohibit temporary designations by a [chairman] chair of members of [his] the chair's committee to preside in [his] the chair's stead.";

"9-4 Once appointed, committee members shall not be removed except by a two-thirds' vote of the [house] members present.";

"9-5-3 When a voice vote is taken on any question in the committee and such vote is uncertain, any committee member may demand a roll call vote, and such roll call shall be ordered by the [chairman] chair.";

"9-5-4 The [chairman] chair and each member of the committee present, unless excused by a majority vote of the committee, shall vote on all votes taken on any question before the committee; provided, however, on matters brought before the house rules and order of business committee relating to ethical conduct, a member may seek to [disqualify himself] be disqualified on the grounds that the member cannot render a fair and impartial decision on the particular ethical questions brought before the committee. In any such case, disqualification must be approved by a majority vote of the remaining members of the committee, and a substitute member from the same political party shall be designated by the speaker as a member during the deliberations on that particular allegation of unethical conduct.";

"9-6 [The speaker shall appoint a house coordinator from among the membership of the house. The coordinator shall be the agent of the speaker in reference to scheduling regular, special and joint committee meetings and workloads. The coordinator shall consult with and assist all committee chairmen in scheduling committee meetings.]";

"9-7 [If the chairman is absent at any meeting, the second member named in such committee shall act as chairman at the meeting.]";

"9-10 The principal duties of the chair of a committee are:

(a) to call the committee together at such reasonable times and places as to enable the committee to properly perform its functions. All committee members will be notified of committee meetings;

(b) to preside over meetings of the committee, maintain order and decide all questions of order subject to appeal to a majority of the appointed committee and to ensure that the decorum of the committee is preserved while maximizing the public's ability to observe, report on and participate in a meeting;

(c) to supervise and direct the clerical and other employees of the committee, helping with the preparation of reports to submit to the committee and to require the committee to keep a record of the attendance of committee members at all committee meetings and to file such attendance record with the chief clerk on Friday of each week. Such record shall be a public record;

(d) to have custody of all papers referred to the committee and to transmit them to the chief clerk when the committee [is through with them] has concluded its work and endorse on each document what action has been taken on it, if any;

(e) to see that bills are discussed in order as they are referred to the committee, except when another order of business is agreed upon by a majority of the appointed committee;

(f) to arrange [in cooperation with the coordinator] for joint hearings with a similar committee of the senate upon arrival of the committee members and the proper senate committee; and

(g) in the absence of the sponsor of a measure, be prepared, or designate a committee member to be prepared, to explain the bill to the house.";

"9-11 Committee [chairmen] chairs shall schedule each house bill, house resolution or house memorial to be heard in the committee in the order in which it is referred to the committee unless the sponsor agrees to a postponement to a day certain or unless Rule 9-10(e) is invoked or the schedule of the committee suggests that [bills] legislation governing the same or similar subject matter should be heard together, in which case the [chairman] chair shall group the [bills] legislation for hearing in that manner. The prime sponsor of a house bill may demand in writing that [his] the member's bill be heard for the first time prior to a hearing and action on a bill referred to the committee on a later date, and the committee shall hear the bill if such demand is made. Rule 9-10(e) or the provisions of this rule providing for grouping of bills shall not preempt such demand.";

"9-13-2 With the exception of charges of contempt and disorderly behavior [which] that take place in the presence of the house, and therefore may be punished summarily, any charge seeking the disciplining of a house member shall be in writing, under oath or affirmation, signed by a member of the house, and filed with the [chairman] chair of the house rules and order of business committee. The complaint shall state with reasonable particularity the relevant facts upon which the charge is based.

Members of the public may also file a formal complaint with the [chairman] chair of the house rules and order of business committee or the speaker of the house, who shall forward the complaint to the [chairman] chair of the house rules and order of business committee. The complaint shall be in writing, under oath or affirmation and signed by the complainant. The complaint shall state with reasonable particularity the relevant facts upon which the charge is based.

A representative against whom a complaint is filed shall immediately be given a copy of the complaint. In the alternative, the speaker, after consultation with the majority and minority floor leaders, may refer any matter [which] that might require discipline to the attention of the [chairman] chair of the house rules and order of business committee. Notice of the referral shall be given to the member who may be charged.";

"9-13-3 Upon receipt of a written charge, or a referral from the speaker, the [chairman] chair shall notify the speaker and the majority and minority floor leaders, who shall select from the rules and order of business committee an equal number of members from each party to serve as a subcommittee to investigate the allegations contained in the charge or referral.

The [chairman] chair of the house rules and order of business committee shall chair the subcommittee but shall only vote in the case of a tie.";

"10-1 When the house resolves itself into a committee of the whole, the speaker shall designate some member as [chairman] chair thereof, and the clerk of the house shall be the clerk of the committee of the whole.";

"11-9 Every bill, resolution and memorial shall be introduced by a member [in his place] or by a committee, including an interim committee, or message from the senate.";

"11-11 Each bill when prefiled or introduced shall be accompanied by [two] five copies thereof.";

"11-12 Each bill when prefiled or introduced shall be sent to the chief clerk to be taken up in the order in which it was prefiled or introduced. All prefiled bills shall be introduced in the order of their assigned number [and prior to all other bills].";

"11-12-1 A member may prefile legislation by depositing it with the chief clerk during regular business hours between December 15 and the Friday before a regular session begins. The chief clerk shall number prefiled legislation in the order in which it is received; provided that the first prefiled bill shall be numbered as House Bill 10 or a higher number as the speaker of the house may determine,

reserving the initial bill numbers for the bill authorizing current expenses of the legislature, the general appropriation bill and such other bills as the speaker determines is appropriate. Prefiled legislation shall be publicly available. [Prefiled legislation shall be introduced and referred to committee on the first day of the regular session.]";

"11-14 At the time of second reading, or any time thereafter, if the bill originated in the house, the speaker should refer it to a standing committee; but if it was received from the senate, the bill shall be referred to the appropriate committee. No bill or joint resolution shall be amended or referred to a committee [except for the committee referrals made pursuant to prefiling] until it has been read twice by title.";

"11-18 When considering the report of a committee on a bill, resolution or memorial, a motion to commit or recommit shall be in order, and any bill, resolution or memorial may be again committed at any time before its passage at the pleasure of the house.";

"11-18-1 No bill, resolution or memorial shall be [recalled after its reference to] discharged from a committee except upon a majority vote of [all] the members elected [to the house].";

"11-19-1 When considering the report of a committee on a bill, resolution or memorial, the merits of the bill, resolution or memorial may be debated, and a motion to amend the report, lay it on the table or postpone consideration of it to a future day is in order.";

"11-20-1 When a bill, resolution or memorial is reported by a committee recommending passage and if the report is adopted by the house, all amendments offered by the committee shall be deemed amendments to the bill, resolution or memorial, and it shall be placed on the speaker's table for one calendar day unless it has been referred to a subsequent committee. Upon the expiration of the one calendar day, the bill, resolution or memorial shall be placed on the calendar to be taken up on third reading in its regular order; provided, however, that the automatic placing of each bill, resolution or memorial on the speaker's table for one calendar day shall not apply during the last eight [legislative] calendar days of any session and shall not apply to the placing of bills, resolutions and memorials on the consent calendar.";

"11-20-4 If the committee report is unfavorable and the house does not adopt the committee report, the bill, resolution or memorial shall be placed on the calendar, or if the bill, resolution or memorial has received another committee referral, it shall be referred to such other committee.";

"11-21 Every report of a committee upon a bill, resolution, memorial or other document shall be in writing [with an original and two copies] and be entered upon the journal of the house. The original report shall be attached to the bill, resolution, memorial or other document. Such report shall recite all amendments made by the committee to the bill, resolution, memorial or other document [and shall state whether or not it carries an appropriation or expenditure of public money] and shall recommend that it do or do not pass as determined by the committee and be signed by the [chairman] chair of the committee.";

"11-22-4 Every bill and joint resolution reported for passage by any committee, except the reports of the committee of the whole house, which has been amended in an extended or complex manner by the committee, when ordered by the speaker, shall be reprinted [or mimeographed] as amended and the printed copies placed on the desks of members before the third reading shall be ordered.";

"11-23 Floor amendments shall be prepared for submission with an original and [two] ninety copies. If time does not allow submission in the required number, then as soon as possible the chief clerk shall have the amendment prepared in the required form, submit the original amendment and [the typed] a copy to the member submitting the amendment for [his approval and] the member's signature and attach it to the bill or other document, in the place of the amendment as submitted. The chief clerk shall keep the amendment as submitted for the inspection of the enrolling and engrossing committee.";

"11-24 If on taking the question of final passage a quorum is not present or if a larger number of votes is required than a majority and there is not that number of members present, the [bill] legislation shall retain its place on the calendar and be again taken up for consideration.";

"11-25 Immediately after the passage by the legislature of any bill, resolution or memorial originating in the house, or any substitute for legislation, which substitute originated in the house, it shall be enrolled and engrossed and read publicly in the house and thereupon shall be signed by the speaker and chief clerk in open session, and the fact of such reading and signing shall be entered in the journal. Every interlineation or erasure in a signed bill shall be certified thereon in express terms by the speaker of the house of representatives, quoting the words interlined or erased, and the fact of the making of any such interlineation or erasure shall be publicly announced in the house by the speaker and entered in the journal.";

"11-26 [No bill shall be introduced at any regular session of the legislature subsequent to the thirtieth legislative day, except the following:

(1) the general appropriation bill;

(2) bills to provide for the current expenses of the government; and

(3) bills that have been referred to the legislature by the governor by special message specifically setting forth the emergency or necessity requiring such legislation; provided, however, that the general appropriation bill shall be received before the fiftieth legislative day.] Time limitation on the introduction of bills at any session of the legislature shall be as established by law.";

"13-2 Any motion may be withdrawn by the member making the same at any time before [an amendment has been adopted or] a decision has been reached.";

"14-1 A motion to adjourn or recess, except for a fixed time, shall be decided without debate or amendment.";

"14-2 A motion to adjourn or [take a] recess shall always be in order except when a member has the floor, when a message from the governor or senate is being received or when a motion or proposition has been stated to be voted upon or during [the ratification of] a vote.";

"14-3 After a motion to adjourn or recess has been made and declared lost, it shall not be repeated until some business has intervened.";

"14-4 A motion to adjourn or recess when no time is fixed shall mean an adjournment or recess to the next calendar day at 10:00 a.m.";

"14-5 If a motion to adjourn or [to take] recess prevails, the measure under consideration at the time shall be the pending question when the house again convenes and shall be taken up at the point where it was at the time of such adjournment or when recess was taken.";

"18-1 If it is desired to close debate and bring the house at once to vote on the pending question, the proper course is to move for the previous question on the motion upon which it is desired to close debate. A two-thirds' vote of the members present is necessary to adopt the motion for the previous question.";

"19-1 When a motion, other than a motion to adjourn or recess, is made and carried, it shall be in order for any member voting with the majority to move for the reconsideration thereof on the same or the next succeeding legislative day on which the house shall be in session, and such motion shall take precedence over all other questions except to adjourn or [to take a] recess. A motion for reconsideration being put and lost shall not be renewed nor shall any subject or vote be a second time reconsidered without unanimous consent. When a bill, [or joint] resolution or memorial is recalled from the governor or senate, a motion to reconsider the vote by which it was passed may be made when it is received or during the next legislative day thereafter the house is in session.";

"20-5 After the house has adopted the motion to close debate, no motion shall be in order but one motion to adjourn or recess and a motion to recommit.";

"21-3 When the vote taken on any question by voice is uncertain, any member may demand a roll call, but such roll call shall not be entered upon the journal except when demanded by one-fifth of the members [of the house] present.";

"23-2 Only persons who are members of the legislature or officers and employees of the legislature having official duties directly connected with the business of the house shall be admitted to the floor and rostrum [lounges and hallways]. Exceptions to this rule shall be:

(a) the governor and representatives of [his] the governor's office on official business and carrying written accreditation from the governor; and

(b) former members of the legislature, provided they carry written accreditation of status from the chief clerk, and special guests of the house, and provided such former members and guests are seated, with the speaker's consent, only on the speaker's rostrum.";

"23-3 The chief clerk shall, under the direction of the speaker, provide suitable passes as credentials for access to the various areas under the control of the house. [Subject to the control of the speaker, the following may be admitted to the house:

(a) press and television photographers not to exceed four; and

(b) members of the daily writing press not to exceed four to be seated at the chief clerk's desk.]";

"23-6 No person engaged in presenting to the house or its committees any business or claims for legislation shall be permitted to engage in such business during the session of the house or be permitted on the floor of the house during its session. Any person transgressing this rule shall be removed from the floor during the remainder of the entire session. The speaker is charged with the enforcement of this rule, and in case [he] the speaker fails to enforce same, it may be invoked and enforced by a majority vote of the members present. This rule shall not be suspended except by a two-thirds' vote of the members present.";

"23-10 [Smoking in the chamber or in the gallery while the house is in session shall be at the pleasure of the speaker.]";

"23-11 The hall of the house, clerk's office and committee rooms shall be open every [legislative] day the house is in session at 8:30 a.m. and remain open until 5:30 p.m. with all employees except those excused by the clerk in attendance and shall also be open during all the hours the house is in session.";

"23-12 The speaker shall admit [duly accredited] news reporters [of the public press, radio and television and assign them space in] to the house press rooms; but the house by a majority vote may exclude any news reporter [of the press, radio or television] who abuses the privilege [granted him] and no representative of [a newspaper, radio or television station] an organization shall be entitled to the privileges of the house press rooms who is especially or pecuniarily interested in pending or contemplated legislation or who is employed for that purpose or who receives compensation for influencing legislation.";

"23-13 The [chairman] chair of the house rules and order of business committee, at the direction of the speaker, may enforce rules pertaining to all the space occupied by the house, with the exception of the chambers.";

"24-1 These rules shall be in force from and after their adoption by the house and may be suspended by a two-thirds' vote of the members present when such suspension is not inconsistent with constitutional provisions.

These rules may be amended at any time upon recommendation of the committee on rules and order of business by a majority vote of the elected members of the house and at all times upon a two-thirds' vote of [all] the elected members of the house. House rule changes shall not be in effect until the following [legislative] calendar day unless otherwise ordered by a two-thirds' vote of the members present.

A motion to suspend the rules shall be made separately, and the purpose thereof shall be stated as a part of the motion, and no other matter shall be included therein."; and

"26-1 A. Members of the house of representatives shall conduct themselves in a manner that justifies the confidence placed in them by the people. The members shall not use their offices for private gain and shall at all times maintain the integrity and discharge ethically the high responsibilities of their legislative positions. Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining appropriate conduct of the members.

B. To avoid a potential conflict of interest:

(1) a member shall not accept anything of value that improperly influences an official act, decision or vote;

(2) a member shall attempt to ensure that [his] the member's private employment does not impair [his] the member's impartiality and independence of judgment in the exercise of official duties;

(3) a member shall not receive compensation or reimbursement not authorized by law for rendering services, advice or assistance as a legislator;

(4) a member shall not accept gifts, other than lawfully collected and reported campaign contributions, from persons affected by legislation or from persons who have an interest in a business affected by proposed legislation, where it is known or reasonably should be known that the purpose of the donor in making the gift is to influence the member in the performance of [his] the member's official duties or vote or is intended as a reward for action on [his] the member's part; and

(5) a member shall not accept or engage in employment if the member knows it is being afforded [him] with the intent to influence [his] the member's conduct in the performance of [his] the member's official duties.

C. To avoid undue influence, a member shall not:

(1) appear for, represent or assist another person in any matter before a state agency, unless without compensation and for the benefit of a constituent, except for members who are attorneys or other professional persons engaged in the conduct of their professions, and, in these instances, the member shall refrain from references to [his] the member's legislative capacity, from communications on legislative stationery and from threats or implications relating to legislative actions; or

(2) represent or assist another person in the sale of goods or services to the state or to a state agency, unless the transaction occurs pursuant to procedures set out in the Procurement Code or by public notice and competitive bidding where the Procurement Code does not apply.

D. To avoid the abuse of office, a member shall not:

(1) obtain, or have a direct financial interest in, contracts with the state or with a state agency for goods or services not procured through the state procurement process, through a procurement procedure established by a state agency or after public notice and competitive bidding;

(2) grant to, or obtain a special privilege or exemption for [himself] the member or another person, which privilege or exemption is not readily available to members of the general community or class to which the beneficiary belongs; or

(3) use or disclose confidential information obtained by virtue of [his] the member's position for the benefit of [himself] the member or another.".

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