HB1205 (2024) Detail

Relative to women's school sports.


HB 1205 - AS AMENDED BY THE HOUSE

 

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

 

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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.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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.

Amendments

Date Amendment
March 13, 2024 2024-0973h

Links


Date Body Type
Jan. 29, 2024 House Hearing
March 6, 2024 House Exec Session
March 18, 2024 House Exec Session
March 6, 2024 House Floor Vote

Bill Text Revisions

HB1205 Revision: 41361 Date: March 21, 2024, 1:26 p.m.
HB1205 Revision: 41190 Date: March 13, 2024, 9:32 a.m.
HB1205 Revision: 39739 Date: Dec. 1, 2023, 3:07 p.m.

Docket


March 26, 2024: Introduced 03/21/2024 and Referred to Education; SJ 8


March 21, 2024: Reconsider (Rep. Sweeney): MF DV 178-194 03/21/2024 HJ 9


March 21, 2024: Ought to Pass with Amendment 2024-0973h: MA RC 189-182 03/21/2024 HJ 9


March 21, 2024: Amendment # 2024-0973h: AA DV 190-177 03/21/2024 HJ 9


March 13, 2024: Committee Report: Without Recommendation 03/06/2024 (Vote 10-10; RC)


March 7, 2024: Executive Session: 03/18/2024 10:00 am LOB 205-207


Feb. 22, 2024: Executive Session: 03/06/2024 09:30 am LOB 205-207


Jan. 25, 2024: Public Hearing: 01/29/2024 02:00 pm LOB 205-207


Dec. 1, 2023: Introduced 01/03/2024 and referred to Education