SB526: (New Title) relative to sexual harassment complaint procedures.

CHAPTER 234

SB 526 – FINAL VERSION

03/17/04 0796s

29Apr2004… 1335h

05/25/04 1629cofc

2004 SESSION

04-3255

08/10

SENATE BILL 526

AN ACT relative to sexual harassment complaint procedures.

SPONSORS: Sen. Larsen, Dist 15; Sen. Estabrook, Dist 21; Sen. Foster, Dist 13; Sen. O’Hearn, Dist 12; Sen. D’Allesandro, Dist 20; Rep. Wallner, Merr 40; Rep. Burling, Sull 19; Rep. Nordgren, Graf 17

COMMITTEE: Internal Affairs

AMENDED ANALYSIS

This bill includes investigation of sexual harassment claims in the duties of the legislative ethics committee.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/04 0796s

29Apr2004… 1335h

05/25/04 1629cofc

04-3255

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to sexual harassment complaint procedures.

Be it Enacted by the Senate and House of Representatives in General Court convened:

234:1 Purpose. The general court is committed to creating and maintaining an environment in which all legislative employees, legislative officers, and elected members are free from sexual harassment. Harassment shall not be tolerated. The New Hampshire constitution provides that the house of representatives and senate shall be the final judge of the qualifications of the elected members. The legislative ethics committee is established and structured to investigate complaints of inappropriate conduct by members and to make disciplinary recommendations to the full membership of the house of representatives or senate for action. Therefore, the general court hereby adopts a policy directing the legislative ethics committee to receive and investigate sexual harassment complaints by legislative employees, elected members of the general court, and the public relative to inappropriate conduct by elected members. The legislative ethics committee is also hereby directed to recommend appropriate discipline to the full membership of the house of representatives or senate when it finds that an elected member of the general court has engaged in conduct that constitutes sexual harassment.

234:2 New Paragraph; Legislative Ethics Committee; Definitions. Amend RSA 14-B:1 by inserting after paragraph I the following new paragraph:

I-a.(a) “Sexual harassment” means an unwelcome sexual advance, a request for a sexual favor, or other verbal or physical conduct of a sexual nature, provided, that:

(1) Submission to such conduct is made either explicitly or implicitly a term of the individual’s employment;

(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3) Such conduct is so pervasive or severe that it creates an intimidating, hostile, or offensive working environment.

(b) As used in subparagraph (a), verbal or physical conduct of a sexual nature may include:

(1) Verbal abuse of a sexual nature;

(2) Unwelcome offensive sexual flirtation;

(3) Unwelcome graphic verbal comments about an individual’s body;

(4) Sexually degrading words to describe an individual;

(5) Unwelcome brushing, touching, patting, or pinching an individual’s body;

(6) Sexually explicit gestures;

(7) The display in the state house complex of sexually suggestive, sexually demeaning, or pornographic objects, pictures, posters, or cartoons; or

(8) Unwelcome inquiry or comment about sexual conduct, sexual orientation, or preference.

234:3 Legislative Ethics Committee; Duties. Amend RSA 14-B:3, I(d) to read as follows:

(d) Receive sworn complaints, and investigate allegations of improper conduct, including sexual harassment against members or retaliation against employees who make good faith allegations of sexual harassment, which may reflect upon the legislature, relating to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature, and make appropriate findings of fact and conclusions with respect to such conduct. Deliberations on such sworn complaints shall be conducted in nonpublic session and in accordance with procedures set forth in RSA 14-B:4 and established by the committee under RSA 14-B:5. The committee shall consider any sworn complaint and shall conduct its initial review of each complaint in a confidential manner, unless otherwise requested by the legislator, officer, or employee complained against.

234:4 New Paragraph; Legislative Ethics Committee; Complaints. Amend RSA 14-B:4 by inserting after subparagraph IV the following new paragraph:

IV-a. In the case of sexual harassment complaints, all work product and committee proceedings shall be nonpublic. Upon a finding that a member has engaged in sexual harassment, the committee shall make available for public inspection all records relating to the complaint. The committee shall not disclose its work product, internal memoranda , or any other documentation or information that would be considered confidential under RSA 91-A or any other law, except pursuant to a court order.

234:5 Legislative Ethics Committee; Rules. Amend RSA 14-B:5 to read as follows:

14-B:5 Rules; Procedures and Standards. The committee shall adopt, publish, and make available to the public rules governing its procedures, including rules specifically related to sexual harassment complaints, as well as guidelines referred to in RSA 14-B:3, II consistent with the procedures set forth in RSA 541-A.

234:6 Effective Date. This act shall take effect upon its passage.

(Approved: June 11, 2004)

(Effective Date: June 11, 2004)