Amendment vs bill Amendment: #2025-3079h vs Ought to Pass

Struck = removed from the bill · added = the amendment's new text.

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SB 33-FN - AS INTRODUCED SESSION 25-0212 11/08 SENATE BILL 33-FN AN ACT relative to the regulation of public school materials.
SPONSORS:
Sen.
Avard, Dist 12;
Sen.
Lang, Dist 2;
Sen.
Gannon, Dist 23;
Sen.
McGough, Dist 11;
Sen.
Murphy, Dist 16;
Sen.
Pearl, Dist 17;
Kofalt, Hills.
Noble, Hills.
32;
2 November 4, 2025 2025-3079h 08/09 Amendment to SB 33-FN Amend the bill by replacing all after the enacting clause with the following:
Rep.
3 1 Short Title.
Pauer, Hills.
This act shall be known as the "Right To Challenge Act." 2 New Subdivision;
36;
Rep.
Sirois, Hills.
32;
Rep.
Cordelli, Carr.
7 COMMITTEE:
Education ───────────────────────────────────────────────────────────────── ANALYSIS This bill requires local school districts to adopt and publicly post policies describing materials authorized for use by students in the district and outlining procedures to address complaints alleging that material is harmful or age-inappropriate for use in the district's schools.
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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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
SB 33-FN - AS INTRODUCED 25-0212 11/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT relative to the regulation of public school materials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title.
This act shall be known as the Right To Challenge Act.
2 New Subdivision;
For purposes of this section, “material” shall mean any printed matter, visual presentation, web-based content, live performance, or sound recording, including, but not limited to, books, magazines, motion picture films or videos, pamphlets, phonographic records, pictures, drawings, photographs, figures, statues, plays, dances, or other representations that are provided by the school district or by school employees, volunteers, guests, or speakers.
For purposes of this section:
(a) "Material" means any printed matter, visual presentation, web-based content, live performance, or sound recording, including but not limited to books, magazines, motion picture films or videos, pamphlets, phonographic records, pictures, drawings, photographs, figures, statues, plays, dances, or other representations that are provided by the school district or by school employees, volunteers, guests, or speakers.
(b) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;
or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple;
or the depiction of covered male genitals in a discernibly turgid state.
A mother's breastfeeding of her baby shall not under any circumstance constitute nudity, irrespective of whether or not the nipple is covered during or incidental to feeding.
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(c) "Sexual conduct" shall mean actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse;
actual or simulated lewd exhibition of the genitals;
actual physical contact with a person's clothed or unclothed genitals, pubic area, buttock, or, if such person is female, breast with the intent to arouse or gratify the sexual desire of either party;
or any act or conduct which constitutes sexual assault or simulates that sexual assault is being or will be committed.
A mother's breastfeeding of her baby shall not under any circumstance constitute sexual conduct.
(d) "Sadomasochistic abuse" means flagellation or torture by or upon a person or animal, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.
(e) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
Amendment to SB 33-FN - Page 2 - (f) Material is harmful to minors when:
(1) Taken as a whole, it predominantly appeals to the prurient, shameful, or morbid interest of minors;
(2) The material depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors;
(3) The material lacks serious literary, scientific, medical, artistic, or political value to minors;
and (4) The material is inappropriate to the age of the minors to whom it is being made available or presented.
No later than November 1, 2026, each local school board shall adopt a policy describing the materials that are authorized to be used by, circulated to, and/or accessed by, students in the local school district.
No later than September 1, 2026, each local school board shall adopt a policy describing the materials that are not authorized to be used by, circulated to, and/or accessed by, students in the local school district.
No later than November 1, 2026, each local school board shall adopt a procedure to be used to address complaints submitted by parents or guardians alleging that material that is harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school.
No later than September 1, 2026, each local school board shall adopt a procedure to be used to address complaints submitted by parents or guardians alleging that material that is harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school.
(d) The school principal or designee, within 15 school days of receipt of the complaint, determine whether student access to, or use of, the material that is the subject of the complaint will SB 33-FN - AS INTRODUCED - Page 2 - remain in place without change, be removed, be restricted, be modified, or have other action taken with respect to the material.
(d) The school principal or designee, within 15 school days of receipt of the complaint, determine whether student access to, or use of, the material that is the subject of the complaint will remain in place without change, be removed, be restricted, be modified, or have other action taken with respect to the material.
(2) A description of why the principal or designee reached his or her conclusions;
Amendment to SB 33-FN - Page 3 - (2) A description of why the principal or designee reached his or her conclusions;
(h) The school board shall make the challenged material available to the public by placing a copy of the work and instructions describing how to access the work at the front reception desk of the school building where the work was found.
(h) Within 15 calendar days of the meeting at which the appeal is heard, the local school board issue a written decision that:
(i) Within 15 calendar days of the meeting at which the appeal is heard, the local school board issue a written decision that:
3 Effective Date.
3 Justifiable and Non-Commercial Private Dissemination.
Amend RSA 650:4, I to read as follows:
I.
Institutions or persons having scientific, higher educational, governmental or other similar justification for possessing obscene material;
or 4 Effective Date.
LBA 25-0212 12/4/24 SB 33-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to the regulation of public school materials.
FISCAL IMPACT:
Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable METHODOLOGY:
This bill requires local school districts to adopt and publicly post policies describing materials authorized for use by students in the district and outlining procedures to address complaints alleging that material is harmful or age-inappropriate for use in the district's schools.
Costs, if any, to comply with the provisions of this bill are indeterminable and would vary from district to district.
AGENCIES CONTACTED:
None