RSA 14-B:1 · Definitions

14-B:1 Definitions. – In this chapter:

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I.

"Conflict of interest" means the condition in which a legislator has a special interest in any matter which could directly or indirectly affect or influence the performance of the legislator's official activities.

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II.

"Household member" means any person living in the same domicile as the representative, senator, or officer of the house of representatives or senate who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parents.

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III.

"Jurisdiction of the committee" means those actions which allege a violation of law, guideline, rule, or regulation and relate to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature. III-a. "Organization" shall be construed broadly to mean any business, corporation, whether for profit, non-profit, not-for-profit, social welfare organization, or natural person. "Organization" shall not include the United States of America, the state of New Hampshire, a county within the state of New Hampshire, or any political subdivision within the state of New Hampshire. III-b. "Rule" means any rule adopted pursuant to this chapter and shall not include any rule of proceeding adopted by the house of representatives or the senate.

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IV.

(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:

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(1)

Submission to such conduct is made either explicitly or implicitly a term of the individual's employment;

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(2)

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

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(3)

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

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(b)

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

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(1)

Verbal abuse of a sexual nature;

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(2)

Unwelcome offensive sexual flirtation;

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(3)

Unwelcome graphic verbal comments about an individual's body;

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(4)

Sexually degrading words to describe an individual;

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(5)

Unwelcome brushing, touching, patting, or pinching an individual's body;

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(6)

Sexually explicit gestures;

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(7)

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

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(8)

Unwelcome inquiry or comment about sexual conduct, sexual orientation, or preference.

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V.

"Special interest" means any financial or non-financial personal interest in the outcome of a matter that is the subject of official activity, distinct from and greater than the interests of the public at large.

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(a)

A financial interest exists where a legislator or household member, or a person or organization, whether nonprofit or for profit, by which the legislator is employed, or from which the legislator receives compensation, to act as the person's or organization's agent or advocate, could stand to gain or lose anything of material value as a result of the official activity.

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(b)

A non-financial personal interest exists where a legislator or household member has a responsibility for the welfare of an organization, whether nonprofit or for profit, by virtue of holding a position with a fiduciary responsibility, such as a board member, trustee, or director.

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(c)

A legislator's or household member's ownership of securities of a publicly traded corporation shall not be construed to constitute a "special interest" in matters that may affect the corporation unless the legislator or household member serves as an officer, board member, trustee or director of the corporation or owns more than one percent of the outstanding securities of the corporation.

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VI.

"Sworn complaint" means a statement of facts within the personal knowledge of the complainant alleging a violation of law, guideline, rule, or regulation of the legislature and relating to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature. Source. 1991, 105:1. 1994, 329:1. 2004, 234:2. 2009, 261:5, eff. Sept. 14, 2009. 2016, 328:1, eff. Dec. 7, 2016. 2017, 250:1, eff. July 18, 2017. 2018, 314:1, eff. Aug. 24, 2018. 2024, 340:4, 5, eff. Jan. 1, 2025.

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