1 New Subdivision; Prohibition of Certain State Contracts. Amend RSA 21-I by inserting after section 111 the following new subdivision:

Prohibition of Certain State Contracts

21-I:112 Prohibition Against Contracting with Companies with Preferential Treatment or Discrimination.

I. The state shall not contract with or purchase goods or services from any company that discriminates in hiring, promotion, or job assignment on the basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements.

II. The attorney general is authorized to enforce the provisions of this section.

III. Any citizen of the state who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this section.

IV. In any action under this section, the attorney general or citizen who brings suit shall have the burden to make a prima facie showing of a violation of this section.

V. If the burden of proof set forth in paragraph IV is met, the burden shall shift to the company to prove, by clear and convincing evidence, that the allegation is false.

VI. A finding that a company has violated this section shall constitute good cause for invalidating a contract with any such company without paying liquidated damages and for clawing back unearned portions of any payments already made.

VII. If a citizen prevails under this section, the state shall reimburse his or her costs of litigation, to the extent not awarded by the court.

2 New Section; Counties; Prohibition of Certain Contracts. Amend RSA 28 by inserting after section 8-f the following new section:

28:8-g Prohibition Against Contracting with Companies with Preferential Treatment or Discrimination.

I. No county shall contract with or purchase goods or services from any company that discriminates in hiring, promotion, or job assignment on the basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements.

II. The attorney general or any county attorney is authorized to enforce the provisions of this section.

III. Any citizen of the state who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this section.

IV. In any action under this section, the attorney general, county attorney, or citizen who brings suit shall have the burden to make a prima facie showing of a violation of this section.

V. If the burden of proof set forth in paragraph IV is met, the burden shall shift to the company to prove, by clear and convincing evidence, that the allegation is false.

VI. A finding that a company has violated this section shall constitute good cause for invalidating a contract with any such company without paying liquidated damages and for clawing back unearned portions of any payments already made.

VII. If a citizen prevails under this section, the state shall reimburse his or her costs of litigation, to the extent not awarded by the court.

3 New Chapter; Prohibition of Certain Contracts. Amend RSA by inserting after chapter 53-G the following new chapter:

CHAPTER 53-H

PROHIBITION OF CERTAIN CONTRACTS

53-H:1 Prohibition Against Contracting with Companies with Preferential Treatment or Discrimination.

I. No town, city, or unincorporated place shall contract with or purchase goods or services from any company that discriminates in hiring, promotion, or job assignment on the basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements.

II. The attorney general, any county attorney, or any city or town attorney, is authorized to enforce the provisions of this section.

III. Any citizen of the state who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this section.

IV. In any action under this section, the attorney general, county attorney, city or town attorney, or citizen who brings suit shall have the burden to make a prima facie showing of a violation of this section.

V. If the burden of proof set forth in paragraph IV is met, the burden shall shift to the company to prove, by clear and convincing evidence, that the allegation is false.

VI. A finding that a company has violated this section shall constitute good cause for invalidating a contract with any such company without paying liquidated damages and for clawing back unearned portions of any payments already made.

VII. If a citizen prevails under this section, the state shall reimburse his or her costs of litigation, to the extent not awarded by the court.

4 Effective Date. This act shall take effect January 1, 2025.

1 New Subdivision; Prohibition of Certain State Contracts. Amend RSA 21-I by inserting after section 111 the following new subdivision:

Prohibition of Certain State Contracts

21-I:112 Prohibition Against Contracting with Companies with Preferential Treatment or Discrimination.

I. The state shall not contract with or purchase goods or services from any company that discriminates in hiring, promotion, or job assignment on the basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements.

II. The attorney general is authorized to enforce the provisions of this section.

III. Any citizen of the state who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this section.

IV. In any action under this section, the attorney general or citizen who brings suit shall have the burden to make a prima facie showing of a violation of this section.

V. If the burden of proof set forth in paragraph IV is met, the burden shall shift to the company to prove, by clear and convincing evidence, that the allegation is false.

VI. A finding that a company has violated this section shall constitute good cause for invalidating a contract with any such company without paying liquidated damages and for clawing back unearned portions of any payments already made.

VII. If a citizen prevails under this section, the state shall reimburse his or her costs of litigation, to the extent not awarded by the court.

2 New Section; Counties; Prohibition of Certain Contracts. Amend RSA 28 by inserting after section 8-f the following new section:

28:8-g Prohibition Against Contracting with Companies with Preferential Treatment or Discrimination.

I. No county shall contract with or purchase goods or services from any company that discriminates in hiring, promotion, or job assignment on the basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements.

II. The attorney general or any county attorney is authorized to enforce the provisions of this section.

III. Any citizen of the state who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this section.

IV. In any action under this section, the attorney general, county attorney, or citizen who brings suit shall have the burden to make a prima facie showing of a violation of this section.

V. If the burden of proof set forth in paragraph IV is met, the burden shall shift to the company to prove, by clear and convincing evidence, that the allegation is false.

VI. A finding that a company has violated this section shall constitute good cause for invalidating a contract with any such company without paying liquidated damages and for clawing back unearned portions of any payments already made.

VII. If a citizen prevails under this section, the state shall reimburse his or her costs of litigation, to the extent not awarded by the court.

3 New Chapter; Prohibition of Certain Contracts. Amend RSA by inserting after chapter 53-G the following new chapter:

CHAPTER 53-H

PROHIBITION OF CERTAIN CONTRACTS

53-H:1 Prohibition Against Contracting with Companies with Preferential Treatment or Discrimination.

I. No town, city, or unincorporated place shall contract with or purchase goods or services from any company that discriminates in hiring, promotion, or job assignment on the basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements.

II. The attorney general, any county attorney, or any city or town attorney, is authorized to enforce the provisions of this section.

III. Any citizen of the state who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this section.

IV. In any action under this section, the attorney general, county attorney, city or town attorney, or citizen who brings suit shall have the burden to make a prima facie showing of a violation of this section.

V. If the burden of proof set forth in paragraph IV is met, the burden shall shift to the company to prove, by clear and convincing evidence, that the allegation is false.

VI. A finding that a company has violated this section shall constitute good cause for invalidating a contract with any such company without paying liquidated damages and for clawing back unearned portions of any payments already made.

VII. If a citizen prevails under this section, the state shall reimburse his or her costs of litigation, to the extent not awarded by the court.

4 Effective Date. This act shall take effect January 1, 2025.