SB562: relative to state recognition of biological sex.

SB 562-FN - AS INTRODUCED

2024 SESSION

24-2872

09/05

SENATE BILL 562-FN

AN ACT relative to state recognition of biological sex.

SPONSORS: Sen. Avard, Dist 12; Sen. Gannon, Dist 23; Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Sen. Gendreau, Dist 1; Sen. Murphy, Dist 16; Sen. Abbas, Dist 22; Rep. Notter, Hills. 12; Rep. Hill, Merr. 2; Rep. Kofalt, Hills. 32; Rep. Mooney, Hills. 12

COMMITTEE: Judiciary

ANALYSIS

This bill provides a definition for "biological sex" and provides that certain designations by biological sex do not constitute unlawful discrimination.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2872

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to state recognition of biological sex.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; State Commission for Human Rights; Miscellaneous Provisions; State Recognition of Biological Sex. Amend RSA 354-A by inserting after section 25 the following new section:

354-A:25-a State Recognition of Biological Sex.

I. Nothing in RSA 5-C:87, RSA 260-263, RSA 354-A, or any other law or regulation shall mean that it is unlawful discrimination based on sex or gender identity for any person or organization, public or private, to classify based on biological sex with respect to the following matters:

(a) In the construction, maintenance, operation, and use of lavatory facilities or locker rooms designed for usage by multiple persons at the same time, even if such facilities have individual urinals, stalls, or similar apparatus.

(b) In athletic or sporting events or competitions in a sport or similar activity in which physical strength, speed, or endurance is generally recognized to give an advantage to biological males.

(c) 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.

II. “Biological sex” shall mean the male and female biological sexes. This section does not mean that any public or private entity is required by state statute to separate persons based upon biological sex.

2 Effective Date. This act shall take effect 60 days after its passage.

LBA

24-2872

Revised 12/19/23

SB 562-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to state recognition of biological sex.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below

• Does this bill authorize new positions to implement this bill? [X] No

METHODOLOGY:

This bill provides a definition for "biological sex" and provides that certain designations by biological sex do not constitute unlawful discrimination.

The Human Rights Commission states the fiscal impact of this bill is indeterminable. The Commission indicates there is currently no way to gage the number of public interactions, trainings, or other activities that the Commission will engage in based on the proposed language.

AGENCIES CONTACTED:

Human Rights Commission