HB 1299 · 2026 · House · Judiciary Committee
Sex-based facilities, with unisex option
AI-generatedpermitting classification of individuals based on biological sex under certain limited circumstances and establishing that certain biological sex distinctions do not qualify as discrimination.
As amended, this bill permits classification of individuals by biological sex in lavatory facilities, locker rooms, athletic competitions, and detention facilities without it being discrimination, and requires government facilities using sex-based lavatory rules to also provide a single-occupancy bathroom open to all.AI-generated
Status
Killed in the House — indefinitely postponed · March 11, 2026- ✓Introduced
- ✕House
- Senate
- Governor
- Law
Analysis
This bill: I. 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.
From the bill's official ANALYSIS section.
In the bill's words
Quoted verbatim from the bill as amended by the House. Passages chosen from the operative text.Computed by this site
“This chapter shall be known as the "Law Against Discrimination." It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights.”
“Notwithstanding RSA 354-A:2, XIV-e or any other provision of this chapter or any other law or regulation, it shall not constitute unlawful discrimination based on sexual or gender identity for any person or organization, public or private, to classify based on biological sex with respect to the following matters:”
“In addition, the agencies and councils so created shall exercise their authority to assure that no person be discriminated against on account of sexual orientation.”
“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.”
Official record
gc.nh.gov · the authoritative source
Sponsors
- Rep. Joe AlexanderRChair· Housing
- Rep. Sayra DeVitoRClerk· Fish and Game and Marine Resources
- Rep. Kristin NobleRChair· Education Policy and Administration
- Rep. Jeanine NotterRAssistant Majority Leader
- Rep. Vanessa SheehanRVice Chair· Legislative Administration
- Rep. Shane SiroisRClerk· Legislative Administration
- Sen. Kevin AvardRDeputy Majority Whip
- Sen. Daniel InnisRChair, Majority Policy Conference
- Sen. Victoria SullivanRVice Chair· Education
- Sen. Ruth WardRDeputy Majority Leader
Public testimony
678 signed in online · 127 wrote testimony
4% support96% oppose0% neutral
ForProtects privacy and safety in bathrooms and locker rooms
AgainstBill enacts discrimination despite its disclaimer
AI-generatedLeading arguments, summarized by the testimony tool.
Read the argumentsIn their wordsVerbatim, exactly as submitted
“We need to protect our children and girls in particular from allowing males to participate on female support teams. We also need to protect female bathrooms from potential predators and from those who hyper-emphasize their sexual nature by participating in transgender ideology.”
“Let’s protect the children and women of our beloved New Hampshire and end the usage of multi-use lavatories by the opposite sex.”
“Toilet activity is something nature compels us; it is not voluntary. Being forced by law at time of necessity to be in proximity of those we reject is coercion by The State. The problem to be solved is The Strong abusing The Weak.…”
“NHSBA is opposed to this bill. Given the number of hearings and executive sessions scheduled at this time, we will be submitting further testimony after the hearing, as appropriate. Thank you.”
“Two Governors have vetoed similar bills three times now. Stop wasting the legislature's time on unnecessary and discriminatory culture war issues and move onto legislation that benefits all Granite Staters.”
“Enough with the discrimination already. Get over it NH republicans - the state is growing beyond you.”
Verbatim excerpts of submitted testimony, quoted from the testimony tool.
Read the testimony · as of Aug 12, 2026
Votes
yeanay- Overall59% yea
- Overall48% yeaParty-line voteRepublicans2–1701% yeaDemocrats154–199% yea
- Overall53% yeaParty-line voteRepublicans175–299% yeaDemocrats1–1541% yea
- Resulting text: Bill as amended by the HouseOverall53% yeaParty-line voteRepublicans175–299% yeaDemocrats1–1531% yea
- May 7, 2026SenateCommittee report: Ought to Pass3–2Overall60% yea
- May 7, 2026SenateVoice voteSen. Gannon Moved Laid on Tableadopted
Hearings and debates
- Feb 20, 2026Public hearingHouse Judiciary1:33:32–1:38:375m 5slocated in the stream transcriptMajority Committee Report: Ought to Pass with Amendment # 2026-0854h — roll call; Public Hearing; Executive Session
- Mar 11, 2026Floor debateHouse floor11:09:54–11:23:0413m 10slocated in the stream transcriptIndefinitely Postpone (Rep. Foss) — failed, roll call 156-171; Ought to Pass with Amendment 2026-0854h — adopted, roll call 176-155; Amendment # 2026-0854h — adopted, roll call 176-156
- Apr 21, 2026Public hearingSenate Judiciary2:30:38–2:31:0527slocated in the stream transcriptHearing
- May 7, 2026Floor debateSenate floor5:01:13–5:02:161m 3slocated in the stream transcriptCommittee Report: Ought to Pass; Pending Motion Ought to Pass; Sen. Gannon Moved Laid on Table — adopted, voice vote
Timestamps locate where this bill is taken up in the chamber's YouTube stream.
Legislative history
- Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Judiciary HJ 1 P. 14
- Feb 20, 2026HousePublic Hearing: 02/20/2026 10:30 am GP 231
- Feb 20, 2026HouseExecutive Session: 02/20/2026 10:30 am GP 231
- Feb 20, 2026HouseMajority : Ought to Pass with Amendment # 2026-0854h 02/20/2026 (Vote 10-7; RC) HC 10 P. 56
- Feb 25, 2026HouseMinority : Inexpedient to Legislate
- Mar 11, 2026HouseIndefinitely Postpone (Rep. Foss): MF RC 156-171 03/11/2026 HJ 7 P. 230
- Mar 11, 2026HouseAmendment # 2026-0854h: AA RC 176-156 03/11/2026 HJ 7 P. 232
- Mar 11, 2026HouseOught to Pass with Amendment 2026-0854h: MA RC 176-155 03/11/2026 HJ 7 P. 234
- Mar 12, 2026SenIntroduced 03/12/2026 and Referred to Judiciary; SJ 7
- Apr 21, 2026SenHearing: 04/21/2026, Room 100, SH, 01:40 pm; SC 15
- May 7, 2026Sen: Ought to Pass, 05/07/2026, Vote 3-2; SC 17
- May 7, 2026SenSen. Gannon Moved Laid on Table, MA, VV; 05/07/2026; SJ 11
- May 7, 2026SenPending Motion Ought to Pass; 05/07/2026; SJ 11
Coverage
No reporting linked yet.
Background reading
Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.
PolitiFact — Nonpartisan fact-checking outlet's state-by-state rundown of laws restricting transgender access to bathrooms and other sex-segregated facilities.AI-generated
- Transgender athlete laws by state: Legislation, science, moreNational context
ESPN — Overview of the state sports-eligibility laws sweeping the country, with the scientific and legal debates behind them.AI-generated
Office of U.S. Senator Mike Lee — Compilation of arguments from sponsors and advocates making the fairness-and-privacy case for defining sports eligibility by biological sex.AI-generated
American Civil Liberties Union — Civil-liberties group's account of the Title IX and Equal Protection challenges to sports bans and their effect on transgender students.AI-generated
Pew Research Center — National survey data on shifting public attitudes toward transgender sports and bathroom policies.AI-generated
- SB 268 (2025)NH context
Citizens Count — Nonpartisan New Hampshire civic guide's summary of the bill creating sex-based exceptions for facilities, sports, and treatment centers.AI-generated
Documents (PDF)
Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.