HB1442 — (New Title) permitting classification of individuals based on biological sex under certain limited circumstances.

Amend RSA 21:3 to read as follows:

21:3 Number;

Gender.

Words importing the singular number may extend and be applied to several persons or things;

words importing the plural number may include the singular;

and words importing the masculine gender may extend and be applied to females.

"Sex," "biologic sex," and "biological sex" shall mean male or female.

"Female"Nothing isin definedRSA as5-C:87, anRSA individual260 withthrough aRSA reproductive263-A, systemRSA of354-A, theor typeany whichother inlaw normalor functionregulation produceshall ova,mean andthat specificallyit definedis asunlawful andiscrimination individualbased whoon lackssex aor functionalgender Yidentity chromosome.for any person or organization, public or private, to classify based on biological sex with respect to the following matters:

A(a) functionalIn Ythe chromosomeconstruction, ismaintenance, aoperation, Yand chromosomeuse whichof expressedlavatory facilities or locker rooms designed for usage by multiple persons at the SRYsame genetime, duringeven fetalif development.such facilities have individual urinals, stalls, or similar apparatus.

A(b) personIn withathletic 46,XX/46,XYor andsporting functionalevents ovarianor tissuecompetitions isin a female.sport or similar activity in which physical strength, speed, or endurance is generally recognized to give an advantage to biological males.

(c) In the operation, maintenance, and use of facilities designed for usage as prisons, houses of correction, juvenile detention or commitment centers, mental health hospitals or treatment centers and like facilities to which persons may be committed involuntarily.

"Male"“Biological issex” definedshall asmean an individual with a reproductive system of the typemale whichand infemale normalbiological functionsexes. produce sperm.

MaleThis shallsection includedoes not mean that any personpublic whoor doesprivate notentity meetis therequired definitionby ofstate female.statute to separate persons based upon biological sex.

III.3 Effective Date.

TheThis termsact "woman" and "girl" shall meantake "female"effect and60 thedays termsafter "man"its andpassage. "boy" shall mean "male":

LBA 26-2729 04/20/2026 HB 1442-FN1442-FN- -FISCAL NOTE AS AMENDED BY THESENATE HOUSE(AMENDMENT -# Page2026-1384s) 2AN -ACT (a)permitting Forclassification the purposes of separatingindividuals peoplebased byon biological sex orunder gendercertain forlimited reasonscircumstances. of modesty and safety;

(b)FISCAL WhenIMPACT: referring to "women of childbearing age" or similar;

(c)The ForOffice femaleof inspectorsLegislative asBudget designatedAssistant instates RSAthis 277:33;bill has no fiscal impact on state, county and local expenditures or revenue.

(d)AGENCIES ForCONTACTED: programs and services intended at the time of formation to serve females to the exclusion of males including but not limited to:

(1)None Women's health care as described RSA 417-D;

(2) For women housed in the department of corrections established in RSA 21-H;

(3) Women, infants and children assistance;

(4) Women's or girl's sports;

and (5) Bathrooms, locker rooms, and changing rooms.

IV.

In common use, an individual's sex is described by the sex listed on an individual's official birth certificate issued at or near the time of the individual’s birth unless there is medical reason to support the claim that a person who is male or female as described above was not identified as the correct sex on his or her birth certificate.

V.

Except as otherwise provided in this section, gender-specific [Gender-specific] terms relating to the marital relationship or familial relationships, including without limitation, "spouse," "family," "marriage," "immediate family," "dependent," "next of kin," "man," "woman," "groom," "bride," "husband," "wife," "widow," or "widower," shall be construed to be gender-neutral for all purposes throughout New Hampshire law, whether in statute, state administrative or court rule, policy, common law, or any other source of civil state law.

3 Statutory Construction;

Gender Identity Modified.

Amend RSA 21:54 to read as follows:

21:54 Gender Identity.

"Gender identity" means a person's gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person's physiology or [assigned] sex [at birth].

Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person's core identity provided, however, that gender-related identity shall not be asserted for any improper purpose.

Notwithstanding any other laws including but not limited to RSA 193, sections 38 through 40, RSA 354-A, and RSA 354-B, it shall be considered improper purpose to assert that gender identity provides access to any place or service provided or offered exclusively to females or males.

4 State Commission for Human Rights;

Definitions;

Gender Identity Modified.

Amend RSA 354- A:2, XIV-e to read as follows:

HB 1442-FN - AS AMENDED BY THE HOUSE - Page 3 - XIV-e.

"Gender identity" means a person's gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person's physiology or [assigned] sex [at birth].

Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person's core identity provided, however, that gender-related identity shall not be asserted for any improper purpose.

Notwithstanding any other laws including but not limited to RSA 193, sections 38 through 40, RSA 354-A, and RSA 354-B, it shall be considered improper purpose to assert that gender identity provides access to any place or service provided or offered exclusively to females or males.

5 New Section;

School Bathrooms and Locker Rooms;

Use by Designated Biological Sex.

Amend RSA 189 by inserting after section 16-a the following new section:

189:16-b School Bathrooms and Locker Rooms;

Use by Designated Biological Sex.

Notwithstanding any other provision of law, with the exception of RSA 21:3, RSA 21:54, and paragraph II below, all multi-user facilities, including bathrooms, restrooms, and locker rooms located in any public school, chartered public school, public academy, or other school building governed by this chapter shall be used based on the individual’s biological sex.

I.

For the purposes of this section:

(a) "Sex" shall mean either female or male as defined by RSA 21:3.

(b) "Multi-user facility" shall mean any bathroom, restroom, or locker room that is accessible to multiple individuals for use at the same time.

(c) "All-gender" shall mean any facility with access not restricted by sex.

II.

Adoption or enforcement of a policy pursuant to this section shall not be deemed discrimination under RSA 354-A or any other state law.

6 New Section;

Municipal Bathrooms and Locker Rooms;

Use by Designated Biological Sex.

Amend RSA 31 by inserting after section 103-b the following new section:

31:103-c Municipal Bathrooms and Locker Rooms;

Use by Designated Biological Sex.

Notwithstanding any other provision of law, with the exception of RSA 21:3, RSA 21:54, and paragraph II below, all multi-user facilities, including bathrooms, restrooms, and locker rooms located in buildings owned, leased, or operated by any municipality shall be used based on the individual’s biological sex.

I.

For the purposes of this section:

(a) "Sex" shall mean either female or male as defined by RSA 21:3.

(b) "Multi-user facility" shall mean any bathroom, restroom, or locker room that is accessible to multiple individuals for use at the same time.

(c) "All-gender" shall mean any facility with access not restricted by sex.

HB 1442-FN - AS AMENDED BY THE HOUSE - Page 4 - II.

Adoption or enforcement of a policy pursuant to this section shall not be deemed discrimination under RSA 354-A or any other state law.

7 New Section;

Places of Public Accommodation;

Bathrooms and Locker Rooms;

Use by Designated Biological Sex.

Amend RSA 354 by inserting after section 17-a the following new section:

354-A:17-b Bathrooms and Locker Rooms;

Use by Designated Biological Sex.

Notwithstanding any other provision of law with the exception of RSA 21:3 and RSA 21:54, the owner or operator of any place of public accommodation, as defined in RSA 354-A:2, XIV, may require that all multi-user bathrooms, restrooms, and locker rooms under their control be used based on the individual’s biological sex.

I.

For the purposes of this section:

(a) "Sex" shall mean either female or male as defined by RSA 21:3.

(b) "Multi-user facility" shall mean any bathroom, restroom, or locker room that is accessible to multiple individuals for use at the same time.

(c) "All-gender" shall mean any facility with access not restricted by sex.

II.

Adoption or enforcement of a policy pursuant to this section shall not be deemed discrimination under RSA 354-A or any other state law.

8 New Section;

Inmates Designated By Biological Sex.

Amend RSA 622 by inserting after section 10 the following new section:

622:10-a Inmates Designated by Biological Sex.

Notwithstanding any other provision of law, inmates shall be housed based on the individual inmate's biological sex.

I.

For the purposes of this section:

(a) "Inmate" shall mean a person committed by law to the custody of the commissioner of the department of corrections, a person in pretrial confinement, any person incarcerated in a local detention facility operated by a county department of corrections, or a person in detention at a police department.

(b) "Sex" shall mean either female or male as defined by RSA 21:3.

II.

This section shall apply to all correctional and detention facilities established and operated pursuant to RSA 21-H and RSA 30-B.

9 Civil Rights Act;

Enforcement;

Gender Identity Restriction.

Amend RSA 354-B:1 to read as follows:

354-B:1 Civil Rights Enforcement.

I.

All persons have the right to engage in lawful activities and to exercise and enjoy the rights secured by the United States and New Hampshire Constitutions and the laws of the United States and New Hampshire without being subject to actual or threatened physical force or violence against them or any other person or by actual or threatened damage to or trespass on property when such actual or threatened conduct is motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity asserted with proper purpose, or disability.

"Threatened HB 1442-FN - AS AMENDED BY THE HOUSE - Page 5 - physical force" and "threatened damage to or trespass on property" is a communication, by physical conduct or by declaration, of an intent to inflict harm on a person or a person's property by some unlawful act with a purpose to terrorize or coerce.

II.

It shall be unlawful for any person to assert that their gender identity is a sex other than that defined in RSA 21:3 for the purposes of accessing places or services restricted on the basis of sex.

III.

It shall be unlawful for any person to interfere or attempt to interfere with the rights secured by this chapter.

10 Effective Date.

This act shall take effect upon its passage.

LBA 26-2729 3/6/26 HB 1442-FN- FISCAL NOTE AS AMENDED BY THE HOUSE (AMENDMENT #2026-1054h) AN ACT limiting the use of certain facilities on the basis of sex and redefining the term "gender identity." FISCAL IMPACT:

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures* Indeterminable Funding Source General Fund Appropriations* $0 $0 $0 $0 Funding Source 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 Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable   METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation.

Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.

A summary of such costs can be found at:

https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association