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 permits public and private entities in New Hampshire to separate individuals by biological sex in three specific settings: multi-user facilities (like bathrooms and locker rooms), athletic competitions where biological males typically have a competitive advantage, and correctional or treatment facilities. The bill defines "biological sex" as the sex listed on an individual’s birth certificate issued near birth. It explicitly states that these sex-based separations do not constitute discrimination under state law. The bill amends New Hampshire’s anti-discrimination statute (RSA 354-A) to create these limited exceptions, affecting how facilities and events are operated in those contexts.
Bill status
passed
3 of 5 stages cleared
Introduction
Dec 2025
Committee Review
May 2026
House Passage
Mar 2026
Senate Passage
Governor
Introduced Dec 1, 2025
Last action May 7, 2026
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
As Amended by the House
·
3 edits
MINOR
The bill was amended to clarify that biological sex classifications are permitted specifically in lavatories and locker rooms, alongside athletic competitions and detention facilities. A new requirement was added mandating that government entities providing sex-segregated facilities must also offer a single-occupancy bathroom accessible to all individuals regardless of gender identity.
Scope change
The scope was narrowed to explicitly list 'lavatory facilities' and 'locker rooms' rather than the broader 'multi-user facilities' found in the original text, and a new mandatory provision for alternative single-occupancy facilities was introduced.
REQUIREMENT
Requires state and local government facilities that classify lavatories by biological sex to also provide at least one single-occupancy bathroom available to everyone.
DEFINITION
Changed the description of permitted facilities from general 'multi-user facilities' to specifically 'lavatory facilities or locker rooms' to clarify the application of the law.
SCOPE
Updated the legislative findings to emphasize that biological sex classification serves compelling state interests in privacy and safety.
Floor votes · House Mar 11, 2026
How they voted
93–95
Passed · 34 other
Total votes 222
Mar 11, 2026
D
Democratic107
88% Nay
I
Independent2
50% Yea
R
Republican113
81% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
6
Committee
5
Amendments
1
May 7, 2026
Upper · Passed
Pending Motion Ought to Pass; 05/07/2026; SJ 11
upper
Apr 30, 2026
Upper · Passed
Committee Report: Ought to Pass, 05/07/2026, Vote 3-2; SC 17
upper
Mar 17, 2026
Introduced
Introduced 03/12/2026 and Referred to Judiciary; SJ 7
upper
Mar 11, 2026
House · Passed
House Vote: pass (93-95-34)
house
Mar 11, 2026
Lower · Passed
Ought to Pass with Amendment 2026-0854h: MA RC 176-155 03/11/2026 HJ 7 P. 234
lower
Mar 11, 2026
Introduced
Amendment # 2026-0854h: AA RC 176-156 03/11/2026 HJ 7 P. 232
lower
Feb 25, 2026
Lower · Passed
Minority Committee Report: Inexpedient to Legislate
lower
Feb 25, 2026
Lower · Passed
Majority Committee Report: Ought to Pass with Amendment # 2026-0854h 02/20/2026 (Vote 10-7; RC) HC 10 P. 56
lower
Dec 1, 2025
Introduced
Introduced 01/07/2026 and referred to Judiciary HJ 1 P. 14
lower
1 primary · 9 co-sponsors
Sponsors
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