HB 1299 — permitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.

HB 1299 - AS INTRODUCEDAMENDED SESSIONBY 26-2833THE 12/08 HOUSE BILL11Mar2026... 1299 AN ACT permitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.

0854h SESSION 26-2833 12/08 HOUSE BILL 1299 AN ACT permitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.

Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This billbill: permits the public and private classification of individuals based on biological sex in multi-user facilities, athletic and sporting competitions, and correctional and treatment facilities.

TheI. bill also establishes that these forms of separation based on biological sex do not qualify as discrimination.

Permits classification of individuals based on biological sex in lavatory facilities and locker rooms, sporting competitions, and detention facilities.

II.

Establishes that such forms of separation based on biological sex do not qualify as discrimination.

III.

Requires instrumentalities of state or local government that classify lavatory facilities based on biological sex also provide a single occupancy bathroom which may be used by all regardless of biological sex or gender identity.

HB 1299 - AS INTRODUCEDAMENDED 26-2833BY 12/08THE STATEHOUSE OF11Mar2026... NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT permitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.

0854h 26-2833 12/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT permitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.

The general court reaffirmsalso finds that, notwithstanding New Hampshire’s fundamental commitment to treatingtreat all peoplepersons without discrimination and with equal dignity and withoutrespect, discrimination.which commitment the legislature fully accepts and strongly endorses, there are certain limited circumstances in which classification of persons based on biological sex is proper because such classification serves the compelling state interests of protecting the privacy rights and physical safety of such persons and others.

However,The thelegislature general court also finds that therepermitting areclassification limitedof circumstancespersons where separating individuals based onupon biological sex isserves appropriatethis tocompelling protectstate privacyinterest andin physicalthe safety.3 circumstances described in RSA 354-A:25-a.

These2 circumstancesNew areSections; specifically listed in RSA 354-A:25-a.

2Law NewAgainst Section;Discrimination;

Classification byof BiologicalPersons SexBased Permitted.Upon Biological Sex.

Amend RSA 354354-A by insertingadding after section 25 the following new section:sections:

HB 1299 - AS AMENDED BY THE HOUSE - Page 2 - 354-A:25-a Classification byof BiologicalPersons SexBased Permitted.Upon Biological Sex.

ItNotwithstanding shallRSA not354-A:2, beXIV-e unlawfulor discriminationany underother provision of this chapter or any other law foror aregulation, publicit orshall privatenot entityconstitute tounlawful separatediscrimination individuals based byon biologicalsexual sexor ingender multi-useridentity facilities,for athleticany andperson sportingor HBorganization, 1299public -or ASprivate, INTRODUCEDto -classify Pagebased 2on -biological competitions,sex andwith correctionalrespect andto treatmentthe facilities,following asmatters: defined in this section.

For the purposes of this section:

"BiologicalIn sex"the shallconstruction, meanmaintenance, eitheroperation, femaleand use of lavatory facilities or malelocker asrooms describeddesigned byfor theusage sexby listedmultiple onpersons anat individual'sthe officialsame birthtime, certificateeven issuedif atsuch orfacilities nearhave theindividual timeurinals, ofstalls, theor individual’ssimilar birth.apparatus.

"Multi-userIn facility"athletic shallor meansporting theevents design, operation, or usecompetitions ofin a bathroom,sport restroom, or lockersimilar roomactivity thatin iswhich accessiblephysical tostrength, multiplespeed, individualsor forendurance useis atgenerally therecognized sameto time,give evenan ifadvantage suchto facilitybiological hasmales. individual urinals, stalls, or similar apparatuses.

"AthleticIn the operation, maintenance, and sportinguse competitions"of shallfacilities meandesigned afor sportusage oras activityprisons, thathouses involvesof physicalcorrection, strength,juvenile speed,detention or endurancecommitment wherecenters, biologicalmental maleshealth arehospitals generallyor recognizedtreatment centers and like facilities to havewhich apersons competitivemay advantage.be committed involuntarily.

IV.354-A:25-b Provision of Alternative Facilities.

"CorrectionalNo instrumentality of state or local government or subdivision thereof, including public schools and treatmentpublic facilities"institutions of higher education, shall meanimplement the operationprovisions orof useRSA of354-A:25-a, prisons,I jails,with housesrespect ofto correction,lavatory juvenilefacilities detentionunless centers,such instrumentality or mentalsubdivision healththereof treatmentprovides facilitiesin wherethe individualssame maybuilding beto heldwhich involuntarily.the statute is applied at least one single occupancy bathroom available for use by all persons without regard to gender or sexual identity.

LBA 26-2833 04/06/2026 HB 1299- FISCAL NOTE AS AMENDED BY THE HOUSE (AMENDMENT # 2026-0854h) AN ACT permitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.

FISCAL IMPACT:

This bill does not provide funding.

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund(s) None Expenditures* $0 Indeterminable Increase ($100k to $500k per lavatory facility) Funding Source(s) General Fund and Various Agency Funds 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 Indeterminable Increase County Expenditures $0 ($100k to $500k per lavatory facility) Local Revenue $0 $0 $0 $0 Indeterminable Increase Local Expenditures $0 ($100k to $500k per lavatory facility) The Office of Legislative Budget Assistant is unable to provide a complete  fiscal note for this bill, as amended, as it is awaiting information from the Department of Education.The Department was originally contacted on 03/18/26 and again on 04/03/26 for a fiscal note worksheet.

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

METHODOLOGY:

This bill permits the classification of individuals based on biological sex in certain limited circumstances, including multi-user facilities, athletic competitions, and correctional and treatment facilities, and establishes that such classifications do not constitute unlawful discrimination.

The bill also requires state and local government entities that classify lavatory facilities based on biological sex to provide at least one single occupancy bathroom available for use by all individuals.

The Department of Administrative Services states this bill would result in an indeterminable increase in state expenditures.

The Department indicates the bill would require modifications to certain state-owned buildings to provide single occupancy bathrooms where such facilities do not currently exist and that costs will vary by building.

Based on available information, costs to construct a single occupancy bathroom could range from more than $100,000 to $500,000 or less per building;

therefore, the total fiscal impact is indeterminable.

The Legislative Branch states this bill would result in a one-time increase in state expenditures of approximately $150,000 to $200,000 in FY 2027 to construct a single occupancy bathroom in the Legislative Office Building, which currently does not have such a facility.

The Branch indicates this cost would be funded through existing appropriations by reallocating funds within its current budget.

The bill may also result in indeterminable increases in expenditures for counties, municipalities, and school districts required to provide single occupancy bathrooms in facilities where classification based on biological sex is implemented.