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HB 1299 · 2026 · House · Judiciary Committee

Sex-based facilities, with unisex option

AI-generated

permitting 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
  1. ✓Introduced
  2. ✕House
  3. Senate
  4. Governor
  5. 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.”
RSA 354-A:1
“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:”
RSA 354-A:25-a
“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.”
RSA 354-A:1
“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.”
RSA 354-A:25-a

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Jim KofaltRPrime
  • 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 arguments

In 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.”
— Heidi Ballentine, FRANCONIAsupports
“Let’s protect the children and women of our beloved New Hampshire and end the usage of multi-use lavatories by the opposite sex.”
— Alison Dear, Lymansupports
“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.…”
— Daniel Richardson, Nashuasupports
“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.”
— Rebecca Wilson, Concord · New Hampshire School Boards Associationopposes
“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.”
— Dan Watkins, Derryopposes
“Enough with the discrimination already. Get over it NH republicans - the state is growing beyond you.”
— Kathleen Mazziott, Alsteadopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 20, 2026HouseCommittee report· regular calendar: Ought to Pass with Amendment # 2026-0854h10–7
    Overall
    59% yea
  • Mar 11, 2026HouseRoll callIndefinitely Postpone (Rep. Foss)Failed156–171How they voted
    Overall
    48% yea
    Party-line vote
    Republicans
    2–1701% yea
    Democrats
    154–199% yea
  • Mar 11, 2026HouseRoll callAmendment 2026-0854hAdopted176–156How they voted
    Overall
    53% yea
    Party-line vote
    Republicans
    175–299% yea
    Democrats
    1–1541% yea
  • Mar 11, 2026HouseRoll callOught to Pass with Amendment 2026-0854hAdopted176–155How they voted
    Overall
    53% yea
    Party-line vote
    Republicans
    175–299% yea
    Democrats
    1–1531% yea
    Resulting text: Bill as amended by the House
  • May 7, 2026SenateCommittee report: Ought to Pass3–2
    Overall
    60% 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

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Judiciary HJ 1 P. 14
  2. Feb 20, 2026HousePublic Hearing: 02/20/2026 10:30 am GP 231
  3. Feb 20, 2026HouseExecutive Session: 02/20/2026 10:30 am GP 231
  4. Feb 20, 2026HouseMajority : Ought to Pass with Amendment # 2026-0854h 02/20/2026 (Vote 10-7; RC) HC 10 P. 56
  5. Feb 25, 2026HouseMinority : Inexpedient to Legislate
  6. Mar 11, 2026HouseIndefinitely Postpone (Rep. Foss): MF RC 156-171 03/11/2026 HJ 7 P. 230
  7. Mar 11, 2026HouseAmendment # 2026-0854h: AA RC 176-156 03/11/2026 HJ 7 P. 232
  8. Mar 11, 2026HouseOught to Pass with Amendment 2026-0854h: MA RC 176-155 03/11/2026 HJ 7 P. 234
  9. Mar 12, 2026SenIntroduced 03/12/2026 and Referred to Judiciary; SJ 7
  10. Apr 21, 2026SenHearing: 04/21/2026, Room 100, SH, 01:40 pm; SC 15
  11. May 7, 2026Sen: Ought to Pass, 05/07/2026, Vote 3-2; SC 17
  12. May 7, 2026SenSen. Gannon Moved Laid on Table, MA, VV; 05/07/2026; SJ 11
  13. 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.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.