Text of NH HB 1205 (2024)

HB 1205 - AS INTRODUCED 2024 SESSION 24-2414 09/10 HOUSE BILL 1205 AN ACT relative to women's school sports. SPONSORS: Rep. Andrus, Merr. 5; Rep. L. Turcotte, Straf. 4; Rep. Colcombe, Hills. 30; Rep. Ouellet, Coos 3; Rep. Sellers, Graf. 18; Rep. K. Perez, Rock. 16; Rep. Wood, Merr. 13; Rep. Moffett, Merr. 4; Rep. Seidel, Hills. 29; Sen. Gannon, Dist 23; Sen. Ward, Dist 8; Sen. Pearl, Dist 17 COMMITTEE: Education ----------------------------------------------------------------- ANALYSIS This bill requires schools to designate athletics by sex and prohibits biological males from participating in female athletics. This bill further creates various causes of action based on violations of the provisions in the bill. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 24-2414 09/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to women's school sports. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Short Title. This bill may be known and cited as the “fairness in women's sports act.” 2 New Section; School Athletics. Amend RSA 193 by inserting after section 40 the following new section: 193:41 School Athletics. I. For purposes of this section: (a) “School” means any of the following: (1) A school that provides instruction in any combination of kindergarten programs; (2) A public elementary or secondary school grades one through 12, maintained and operated by a school district; (3) A nonpublic school offering any of the grades kindergarten through 12; (4) A public two-year or four-year institution of higher learning. (b) “Student” means an individual enrolled at a school. (c) “Biological sex” means an individual’s physical form as a male or female based solely on the individual’s reproductive biology and genetics (chromosomes) at birth. (d) “Female” means an individual whose biological sex determined at birth is female. As used in this section, “women” or “girls” refers to biological females. (e) “Male” means an individual whose biological sex determined at birth is male. As used in this section, “men” or “boys” refers to biological males. II. An interscholastic, intercollegiate, intramural, or club athletic team or sport sponsored by a school must be expressly designated as one of the following based on the biological sex at birth of the intended participants: (a) “Males”, “men”, or “boys”; (b) “Females”, “women”, or “girls”; or (c) “Coed” or “mixed”. III. An athletic team or sport designated for “females”, “women”, or “girls” shall not be open to students of the male sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. IV. Nothing in this section shall be construed to restrict the eligibility of any student to participate in interscholastic, intercollegiate, intramural, or club athletic teams or sports designated as “males”, “men”, or “boys” or designated as “coed” or “mixed”, except that selection for a team may still be based on those who try out and possess the requisite skill to make the team. V. A private school or a private institution sponsoring an athletic team or sport in which its students or teams compete against a public school or institution must also comply with this section for the applicable team or sport. VI. For purposes of this section, the sex of a student for the purpose of determining eligibility to participate in an athletic activity or sport shall be determined by the student’s biological sex on the student’s official birth certificate or certificate issued upon adoption, and is considered to have correctly stated the student’s biological sex only if the certificate was: (a) Issued at or near the time of the student’s birth; or (b) Modified to correct any type of scrivener or clerical error in the student’s biological sex. VII. A government entity, a licensing or accrediting organization, or an athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a school for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex. VIII. Any student aggrieved by a violation of this section may bring an action against a school district, state institution of higher education, or private school or institution alleged to be responsible for the alleged violation. The aggrieved student may seek injunctive relief and actual damages, as well as reasonable attorney’s fee and court costs, if the student substantially prevails. IX. In any private action brought pursuant to this section, the identity of a minor student shall remain private and anonymous. X. A school that suffers direct or indirect harm as a result of a violation of this chapter has a private cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization. XI. A civil action must be initiated within 2 years after the harm occurred. A person that prevails on a claim brought pursuant to this section is entitled to monetary damages, including damages for any psychological, emotional, or physical harm suffered, reasonable attorney's fees and costs, and any other appropriate relief. 3 Severability. If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. 4 Effective Date. This act shall take effect July 1, 2024.

HB 1205 - VERSION ADOPTED BY BOTH BODIES 21Mar2024... 0973h 2024 SESSION 24-2414 09/10 HOUSE BILL 1205 AN ACT relative to women's school sports. SPONSORS: Rep. Andrus, Merr. 5; Rep. L. Turcotte, Straf. 4; Rep. Colcombe, Hills. 30; Rep. Ouellet, Coos 3; Rep. Sellers, Graf. 18; Rep. K. Perez, Rock. 16; Rep. Wood, Merr. 13; Rep. Moffett, Merr. 4; Rep. Seidel, Hills. 29; Sen. Gannon, Dist 23; Sen. Ward, Dist 8; Sen. Pearl, Dist 17 COMMITTEE: Education ----------------------------------------------------------------- ANALYSIS This bill requires schools to designate athletics by sex and prohibits biological males from participating in female athletics. This bill further creates various causes of action based on violations of the provisions in the bill. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 21Mar2024... 0973h 24-2414 09/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to women's school sports. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; School Athletics. Amend RSA 193 by inserting after section 40 the following new subdivision: School Athletics 193:41 School Athletics. I. In this subdivision, "school" means a public high school in which any combination of grades 9 through 12 are taught or a public middle school in which any combination of grades 5 through 8 are taught. This shall not apply to students in any grade kindergarten through fourth grade. II.(a) An interscholastic sport activity or club athletic team sponsored by a public school or a private school whose students or teams compete against a public school must be expressly designated as one of the following based on the biological sex at birth of intended participants: (1) Males, men, or boys; (2) Females, women, or girls; or (3) Coed or mixed. (b) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex. III. For purposes of this subdivision, the sex of a student for the purpose of determining eligibility to participate in an interscholastic sport activity or club athletic team shall be determined by the student’s biological sex on the student’s official birth certificate or certificate issued upon adoption, and is considered to have correctly stated the student’s biological sex only if the certificate was: (a) Issued at or near the time of the student’s birth; or (b) Modified to correct any type of scrivener or clerical error in the student’s biological sex. IV. If a birth certificate provided by a student pursuant to paragraph III does not appear to be the student’s original birth certificate or does not indicate the student’s sex upon birth, then the student must provide other evidence indicating the student’s sex at the time of birth. The student or the student’s parent or guardian must pay any costs associated with providing the evidence required. V. The state board of education, each local school board, and each governing body of a public charter school shall adopt and enforce policies to ensure compliance with this subdivision in the public schools governed by each respective entity. VI. This subdivision shall not be construed to restrict the eligibility of a student to participate in intramural activities designated as coed or mixed. VII. A government entity, any licensing or accrediting organization, or an athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a school for maintaining separate interscholastic sport activities or club athletic teams for students of the female sex. 193:42 School Athletics; Causes of Action. I. Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a school knowingly violating RSA 193:41 shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school. II. Any student who is subject to retaliation or other adverse action by a school or athletic association or organization as a result of reporting a violation of RSA 193:41 to an employee or representative of the school or athletic association or organization, or to any state or federal agency with oversight of schools in the state, shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school or athletic association or organization. III. Any school that suffers any direct or indirect harm as a result of a violation of RSA 193:41 shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization. IV. All civil actions must be initiated within 2 years after the harm occurred. Persons or organizations who prevail on a claim brought pursuant to this subdivision shall be entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, reasonable attorneys’ fees and costs, and any other appropriate relief. 2 Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 3 Effective Date. This act shall be effective 30 days after passage.