Amendment 2026-1042h to HB1447 (2026)

Restricting the use of certain public and private facilities on the basis of sex and establishing that such restriction does not qualify as discrimination.


Revision: March 4, 2026, 10:16 a.m.

Rep. McFarlane, Graf. 18

March 4, 2026

2026-1042h

12/09

 

 

Floor Amendment to HB 1447

 

Amend the bill by replacing section 1 with the following:  

 

1  Statement of Findings and Purpose.  

I.  Individuals have a reasonable expectation of privacy and personal safety in restrooms, locker rooms, changing rooms, sleeping quarters, and other spaces where they undress, shower, or sleep.  

II.  The presence of members of the opposite sex in such spaces can compromise privacy and create risks of harassment, assault, embarrassment, and trauma.  

III.  Local communities, schools, and private businesses are best situated to adopt policies tailored to their facilities and the needs of their populations.  

IV.  Allowing these entities to maintain reasonable policies based on sex serves the compelling state interests of protecting privacy and ensuring physical safety, especially for children.

V.  This act seeks to protect privacy, safety, and dignity in intimate spaces and requires the state and all of its political subdivisions, including cities, towns, counties, school districts, and other municipal entities, to adopt policies classifying sleeping quarters based on sex, defined explicitly as only either male or female.

VI.  Such entities own, operate, organize or facilitate a wide range of voluntary programs and facilities, including educational trips, youth camps, recreation programs, and similar activities that may include co-educational sleeping arrangements entered into knowingly and voluntarily.

VII.  The intent of RSA 354-A:25-a, V, as inserted by this act is to protect privacy and prevent compelled exposure in intimate spaces, not to prohibit voluntary arrangements freely chosen by participants.

VIII.  Certain facilities may utilize co-educational sleeping arrangements entered into knowingly and voluntarily by participants.

IX.  Nothing in this act should be construed to prohibit voluntary co-educational arrangements where no individual is compelled to share intimate sleeping quarters against his or her will.

X.  Clarifying legislative intent to preserve voluntary co-educational arrangements avoids unintended disruption of existing state programs while maintaining the bill’s core privacy protections.

 

Amend RSA 354-A:25-a as inserted by section 3 of the bill by inserting after paragraph IV the following new paragraph:  

 

V.  Nothing in this section shall be construed to prohibit the designation or use of co-educational sleeping quarters or other facilities owned, leased, or operated by the state or any political subdivision thereof, provided that participation in such arrangements is voluntary and not compelled.