HB 1788 — holding state contracts with DEI provisions to be void as a matter of law and establishing a right of action for citizens where public entities or state agencies engage with contracts with DEI provisions.

HB 1788-FN - AS INTRODUCEDAMENDED SESSIONBY 26-2401THE 07/09 HOUSE BILL11Mar2026... 1788-FN AN ACT holding state contracts with DEI provisions to be void as a matter or law and establishing a right of action for taxpayers where public entities or state agencies engage with contracts with DEI provisions.

0453h SESSION 26-2401 07/09 HOUSE BILL 1788-FN AN ACT holding state contracts with DEI provisions to be void as a matter of law and establishing a right of action for citizens where public entities or state agencies engage with contracts with DEI provisions.

Executive Departments and Administration ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill:

Allows taxpayerscitizens to sue public entities or state agencies for engaging in, or failing to investigate allegations of, contracts with DEI-related provisions.

HB 1788-FN - AS INTRODUCEDAMENDED 26-2401BY 07/09THE STATEHOUSE OF11Mar2026... NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT holding state contracts with DEI provisions to be void as a matter or law and establishing a right of action for taxpayers where public entities or state agencies engage with contracts with DEI provisions.

0453h 26-2401 07/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT holding state contracts with DEI provisions to be void as a matter of law and establishing a right of action for citizens where public entities or state agencies engage with contracts with DEI provisions.

Any taxpayercitizen shall be entitled to bring a cause of action against any public entity, state agency, or political subdivision that has violated any part of this subdivision.

Any taxpayercitizen that can demonstrate such public entity, state agency, or political subdivision has violated any provision of this subdivision shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in any action brought against such district or administrative unit.

DEI shall not include activities of registered student organizations, mental or physical HB 1788-FN - AS INTRODUCEDAMENDED BY THE HOUSE - Page 2 - health services by licensed professionals, bona fide qualifications based on sex, or any attempt to comply in good faith with the Americans with Disabilities Act.

TaxpayersCitizens residing within a school district or school administrative unit shall be entitled to bring causes of action against any public school, school district, or school administrative unit that has violated any part of this subdivision.

Any taxpayercitizen that can demonstrate such school, school district, or school administrative unit has violated any provision of this subdivision shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in any action brought against such district or administrative unit.

Any taxpayercitizen that can demonstrate that the department has engaged in a sustained pattern of categorically declining to investigate credible reports of violations of this subdivision shall be empowered to bring a cause of action against the department in superior court, and shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees, regardless of whether the taxpayercitizen has brought any action against the department under paragraphs IV or V.

LBA 26-2401 Revised3/31/26 1/14/26 HB 1788-FN- FISCAL NOTE AS INTRODUCEDAMENDED BY THE HOUSE (AMENDMENT #2026-0453h) AN ACT holding state contracts with DEI provisions to be void as a matter orof law and establishing a right of action for taxpayerscitizens where public entities or state agencies engage with contracts with DEI provisions.

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund(s) None Expenditures* $0 Indeterminable Indeterminable Indeterminable Funding Source(s) General Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2026 FY 2027 FY 2028 FY 2029 County Revenue $0 $0 $0 $0 County Expenditures $0 Indeterminable Indeterminable Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable Indeterminable Indeterminable The Office of Legislative Budget Assistant is unable to provide a complete fiscal note for this bill, as introduced,amended, as it is awaiting information from the Department of Education.

The Department was originally contacted on 11/21/2503/18/26 and again on 12/5/2503/30/26 for a fiscal note worksheet.

When completed, a revised fiscal note will be forwarded to the House Clerk's Office METHODOLOGY:

This bill requires courts to find that contracts that include DEI-related provisions are void as a matter of law and allows taxpayerscitizens to sue public entities or state agencies for engaging in, or failing to investigate allegations of, contracts with DEI-related provisions.

The Department of Justice (DOJ) states this bill voids any existing contracts by an agency or political subdivisions that include DEI-related provisions as well as permits acitizens taxpayer to bring a cause of action to enforce this law.

The Department of Administrative Services states thisthe billaffected doesprovisions nothave providealready newbeen fundingeliminated orfrom authorizeall newstatewide positionscontracts and therefore will have no impact on Statetheir revenuesbudget. or expenditures, as the affected provisions have already been eliminated from all statewide contracts.