House File 2409 H-8067 Amend House File 2409 as follows: 1 1. Page 1, after line 2 by inserting: 2 < Sec. ___. NEW SECTION . 2.34 Harassment and 3 bullying prohibited —— policy. 4 1. Definitions. For purposes of this section, 5 unless the context otherwise requires: 6 a. “Electronic” means any communication involving 7 the transmission of information by wire, radio, 8 optical cable, electromagnetic, or other similar 9 means. “Electronic” includes but is not limited to 10 communication via electronic mail, internet-based 11 communications including social networking sites, pager 12 service, cell phones, electronic text messaging, or any 13 other electronic communication site, device, or means. 14 b. “Harassment” and “bullying” shall be construed to 15 mean any electronic, written, verbal, or physical act 16 or conduct toward a member which is based on any actual 17 or perceived trait or characteristic of the member 18 or any other reason and which creates an objectively 19 hostile environment that meets one or more of the 20 following conditions: 21 (1) Places the member in reasonable fear of harm to 22 the member’s person or property. 23 (2) Has a substantially detrimental effect on the 24 member’s physical or mental health. 25 (3) Has the effect of substantially interfering 26 with a member’s performance in the general assembly. 27 (4) Has the effect of substantially interfering 28 with the member’s ability to participate in or benefit 29 from the services, activities, or privileges provided 30 by the general assembly. 31 c. “Member” means a member of the general assembly. 32 d. “Trait or characteristic of the member” includes 33 but is not limited to age, color, creed, national 34 origin, race, religion, marital status, sex, sexual 35 orientation, gender identity, physical attributes, 36 physical or mental ability or disability, ancestry, 37 political party preference, political belief, 38 socioeconomic status, or familial status. 39 2. Policy. On or before January 1, 2015, the 40 legislative council shall adopt a policy prohibiting 41 harassment and bullying in the general assembly, in 42 the capitol building and capitol grounds, and at any 43 legislative function or activity regardless of its 44 location. The legislative council shall make a copy 45 of the policy available to all members, officers, 46 and employees of the general assembly and shall take 47 all appropriate steps to bring the policy against 48 harassment and bullying and the responsibilities 49 set forth in the policy to the attention of members, 50 -1- HF2409.3069 (1) 85 je/nh 1/ 3 #1.

officers, and employees of the general assembly. 1 The policy shall, at a minimum, include all of the 2 following components: 3 a. A statement declaring harassment and bullying to 4 be against state policy. The statement shall include 5 but not be limited to the following provisions: 6 (1) Members, officers, and employees of the general 7 assembly shall not engage in harassing and bullying 8 behavior in the general assembly, in the capitol 9 building and capitol grounds, or at any legislative 10 function or activity. 11 (2) Members, officers, and employees of the general 12 assembly shall not engage in reprisal, retaliation, 13 or false accusation against a victim, witness, or an 14 individual who has reliable information about such an 15 act of harassment or bullying. 16 b. A definition of harassment and bullying as set 17 forth in this section. 18 c. A description of the type of behavior expected 19 from members, officers, and employees of the general 20 assembly relative to prevention measures, reporting, 21 and investigation of harassment or bullying. 22 d. The consequences and appropriate remedial action 23 for a person who violates the antiharassment and 24 antibullying policy. 25 e. A procedure for reporting an act of harassment 26 or bullying, including the identification by job title 27 of the official responsible for ensuring that the 28 policy is implemented, and the identification of the 29 person or persons responsible for receiving reports of 30 harassment or bullying. 31 f. A procedure for the prompt investigation 32 of complaints, either identifying the individual 33 responsible for conducting the investigation, including 34 a statement that investigators will consider the 35 totality of circumstances presented in determining 36 whether conduct objectively constitutes harassment or 37 bullying under this section. 38 g. A statement of the manner in which the policy 39 will be publicized. 40 h. A procedure for documenting the actions taken 41 by the general assembly to investigate and respond to 42 harassment or bullying. 43 3. Programs encouraged. The legislative council is 44 encouraged to establish programs designed to eliminate 45 harassment and bullying in the general assembly. To 46 the extent that funds are available for these purposes, 47 the legislative council shall do the following: 48 a. Provide training on antiharassment and 49 antibullying policies to members, officers, and 50 -2- HF2409.3069 (1) 85 je/nh 2/ 3

employees of the general assembly. 1 b. Develop a process to provide members, officers, 2 and employees of the general assembly with the skills 3 and knowledge to help reduce incidents of harassment 4 and bullying. 5 4. Authority off capitol grounds. The legislative 6 council may investigate and impose discipline or take 7 other action in the case of an alleged incident of 8 harassment or bullying, including cyberbullying, that 9 occurs outside of the general assembly, the capitol 10 building and capitol grounds, or any legislative 11 function or activity if all of the following apply: 12 a. A member, officer, or employee of the general 13 assembly or a constituent reports an incident of 14 harassment or bullying pursuant to the general 15 assembly’s policy adopted under subsection 2, paragraph 16 “e” . 17 b. The alleged incident of harassment or bullying 18 has an effect on the capitol grounds that creates an 19 objectively hostile environment that meets one or more 20 of the conditions set out under subsection 1, paragraph 21 “b” . > 22 2. Title page, line 2, by striking < policies > 23 and inserting < policies, providing for a legislative 24 antiharassment and antibullying policy, > 25 3. By renumbering as necessary. 26 ______________________________ SCHULTZ of Crawford -3- HF2409.3069 (1) 85 je/nh 3/ 3 #2. #3.