SB 375 - AS AMENDED BY THE SENATE
04/05/2024 1335s
2024 SESSION
24-2964
02/08
SENATE BILL 375
AN ACT relative to biological sex in student athletics.
SPONSORS: Sen. Avard, Dist 12; Sen. Gendreau, Dist 1; Sen. Ward, Dist 8; Sen. Gannon, Dist 23; Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Sen. Abbas, Dist 22; Rep. Cushman, Hills. 28; Rep. Notter, Hills. 12; Rep. Mooney, Hills. 12; Rep. Hill, Merr. 2; Rep. Kofalt, Hills. 32
COMMITTEE: Education
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AMENDED ANALYSIS
This bill requires school sports teams to be expressly designated as male, female, or coed, prohibits biologically male students from participating in female designated sports or entering female locker rooms, and creates a cause of action for athletes harmed as a result of violations of these requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/05/2024 1335s 24-2964
02/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to biological sex in student athletics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as the Protection of Women's Sports Act.
2 New Chapter; School Athletics. Amend RSA by inserting after chapter 193-J the following new chapter:
CHAPTER 193-K
SCHOOL ATHLETICS
193-K:1 ?School Athletics Designated by Biological Sex.
I. ? Any interscholastic, intercollegiate, athletic team, sport, or athletic event that is sponsored or sanctioned by a school, school district, or organization under the control of the state board of education, or an institution of higher education under either the university system or the community college system shall be designated as one of the following, based on the biological sex at birth of the participating athletes:
(a) Females, women, or girls;
(b) ?Males, men, or boys; or
(c) ?Coeducational, mixed, or unified.
II. This chapter shall not apply to grades K-5.
III. This chapter shall not apply to intramural or club sports.
IV. ?For purposes of this section, biological sex is either female or male as described by the sex listed on the athlete's official birth certificate issued at or near the time of the athlete’s birth.?
V. Any team, sport, or athletic event designated for females, women, or girls shall only be open to students of the female sex.
VI. Any team, sport, or athletic event designated for males, men, or boys shall be open to students of either sex.
VII. Any school, school district, activities association, or organization under the control of the state board of education, or an institution of higher education under either the university system or the community college system that provides locker room facilities in connection with an athletic event shall provide separate facilities for male and female participants based on the biological sex.
193-K:2 ?Cause of Action for Affected Athlete.
I. ?Any athlete who suffers direct or indirect harm as a result of a violation of RSA 193-K:1, shall have a private cause of action for injunctive relief and any other equitable relief available under law, against the school, school district, activities association or organization, or institution of higher education that caused the harm.
II. Any athlete who is subjected to retaliation or other adverse action by a school, school district, activities association or organization, or institution of higher education as a result of reporting a violation of RSA 193-K:1 to an employee or representative of the school, school district, activities association or organization, institution of higher education, or to a state or federal governmental entity having oversight authority, shall have a private cause of action for injunctive relief and any other equitable relief available under law, against the school, school district, activities association or organization, or institution of higher education.
III. Any party prevailing on a claim brought under this section shall be entitled to reasonable attorney’s fees and costs.
193-K:3 ? Limitations Upon Actions; Attorney's Fees.
No governmental entity, school, school district, or institution of higher education shall be liable to any athlete for its compliance with RSA 193-K:1.