NH House of Representatives Cast Multiple Bipartisan Votes to Advance Reproductive Rights, Reject Further Restrictions on Access to Abortion Care
For Immediate Release: March 23, 2023
CONCORD, NH - This week, the New Hampshire House of Representatives voted on eight bills related to reproductive health and rights. The House cast bipartisan votes to advance HB 88, the Access to Abortion-care Act, and HB 224, to repeal criminal and civil penalties for medical providers from New Hampshire’s current 24-week abortion ban.
The House rejected four bills that would have further restricted access: HB 346; HB 562; HB 591; and HB 615. HB 271, to repeal the current 24-week abortion ban, failed in a tied vote and CACR 2 failed to reach the 3/5ths threshold, though it did garner majority support. Full vote breakdowns are below.
After the House votes, Kayla Montgomery, Vice President for Public Affairs at Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund, released the following statement:
“Today’s critical votes to protect and expand reproductive rights truly represent the will of the people of New Hampshire, who overwhelmingly believe abortion should be safe and legal.
Bipartisan lawmakers took important steps today toward joining our neighboring New England states in proactively protecting abortion rights and further reducing the harm caused by our state’s current 24-week abortion ban by voting to repeal criminal and civil penalties for medical providers.
We are also incredibly encouraged that state representatives listened to their constituents and opposed attacks on reproductive freedom, including a near total abortion ban.
We urge the New Hampshire Senate to join in the support for HB 88 and HB 224, which Governor Sununu previously indicated he would sign, to ensure Granite Staters continue to have access to safe, legal abortion and our state’s trusted doctors are not criminalized for providing appropriate, compassionate care.”
BACKGROUND:
Polling:
- A recently released survey from Breakthrough Campaigns conducted on behalf of Amplify NH shows that a supermajority of Granite Staters - 87% - support reproductive freedom and 89% of Granite Staters expect state elected officials to protect or expand abortion access in New Hampshire. Just 11% of Granite Staters want more abortion restrictions in the state.
- In a new 50-state survey, PRRI found most Americans oppose abortion ban policies; 69% of Granite Staters believe abortion should be legal in all or most cases.
- August 2022 polling by the Saint Anselm College Survey Center shows that support for abortion rights in New Hampshire is at a historic high and nearly 6 in 10 voters disapproved of the overturning of Roe v. Wade on June 24, 2022.
- Polling released in July, 2021 from the UNH Survey Center shows that New Hampshire’s newly-enacted abortion ban is deeply unpopular, with only one-third of Granite Staters in support of it. Nearly half of independent Granite Staters oppose this ban, as do 27 percent of Republicans.
- The truth is, most Granite Staters and most Americans support access to safe, legal abortion. If someone has decided to have an abortion, more than 8 in 10 respondents want the experience to be supportive and nonjudgmental, without added burdens or protesters, affordable and safe.
The New Hampshire Landscape:
- Without Roe, abortion is still safe and legal in New Hampshire until 24 weeks - for now. A bill to ban abortion would have to pass to further dismantle access to abortion.
- The restrictions on abortion in New Hampshire are clear: access to abortion at or after 24 weeks is banned, with no exceptions for rape or incest and doctors face criminalization.
- NH RSA 329:49 says “Nothing in this subdivision shall be construed as creating or recognizing a right to abortion.”
- New Hampshire is the only state in New England without proactive protections for abortion rights in state statutes or our state constitution.
HB 88: New Hampshire’s Access to Abortion-care Act (AAA)
- House Bill 88 would put abortion rights into state statute. If passed into law, it would proactively protect the future of abortion rights in the Granite State.
- Remote sign ins: 1,306 in support; 202 opposed
- NH House Judiciary voted 10-10 on both an “Inexpedient to Legislate” and “Ought to Pass” motion; HB 88 will now go to the full House with no committee recommendation.
- NH House voted 199-185 in support of Ought to Pass on HB 88
- The Senate version of the Access to Abortion-care Act, SB 181, was defeated 14-10.
- Testimony in support of HB 88:
HB 224: Removing the Criminal and Civil Penalties from NH’s Abortion Ban
- This bill would repeal the criminal and civil penalties from New Hampshire’s 24-week abortion ban. Presently, the law, which was enacted on January 1, 2022, criminalizes doctors for doing their job and working with their patients to get the care they need by threatening providers with a felony and imprisonment. The law as it stands is an invitation for intimidation and harassment against medical professionals who treat patients later in pregnancy.
- Remote sign ins: 914 in support; 516 opposed
- NH House Judiciary voted 10-10 on both an “Inexpedient to Legislate” and “Ought to Pass” motion; HB 224 will now go to the full House with no committee recommendation.
- NH House voted 205-178 in support of Ought to Pass on HB 224
- Testimony in support of HB 224:
HB 271: Repealing NH’s 24-Week Abortion Ban
- This bill would repeal New Hampshire’s 24-week abortion ban which went into effect on January 1, 2022. There are now exceptions to the prohibition on abortion at or after 24-weeks for physical maternal health and fatal fetal diagnoses, however, there are none for cases of rape or incest and it criminalizes doctors with fins and up to seven years in prison. Arbitrarily banning abortion later in pregnancy and criminalizing doctors harms women and families who have to make decisions in complex circumstances.
- Remote sign ins: 891 in support; 515 opposed
- NH House Judiciary voted 10-10 on the following motions: “Inexpedient to Legislate,” “Retain,” and “Ought to Pass.” HB 271 will now go to the full House with no committee recommendation.
- NH House voted 192-192 on a motion of “Ought to Pass” on HB 271, with the Speaker voting to tie. The motion failed and the bill was tabled.
- Testimony in Support of HB 271:
CACR 2: Constitutional Amendment for Reproductive Rights
- This constitutional amendment would enshrine reproductive rights in New Hampshire’s state constitution and guarantee reproductive autonomy for all Granite Staters. In 2022, the U.S. Supreme Court overturned Roe v. Wade, which eliminated federal constitutional protections for abortion rights. Presently, there are no proactive policies guarantee Granite Staters’ right to abortion or other reproductive health services.
- Remote sign ins: 973 in support; 207 opposed
- NH House Judiciary voted 10-10 on both an “Inexpedient to Legislate” and “Ought to Pass” motion; CACR 2 will now go to the full House with no committee recommendation.
- NH House voted 193-191 in support of “Ought to Pass” on CACR 2; the 3/5ths threshold was not reached, and the motion failed.
- Testimony in support of CACR 2:
HB 346: Criminalization of Compassionate Care
- This bill is NOT about abortion. Instead, this bill threatens health care providers who need the ability to provide the most appropriate and compassionate end of life neonatal care for families in the most devastating moments of their lives: knowing their newborn will not survive, no matter what futile treatments a provider may perform.
- Remote sign ins: 239 in support; 970 opposed
- NH House Judiciary voted 18-1 in support of “Inexpedient to Legislate”
- NH House voted “Inexpedient to Legislate” on HB 346 on the Consent Calendar
- PPNNE/PPNHAF HB 346 Memo
- Testimony in opposition of HB 346:
HB 562: 24-Hour Waiting Period for Abortion Mandate
- This bill requires a 24-hour waiting period for all patients seeking an abortion and is full of misinformation regarding medication abortion. Waiting period mandates create unnecessary obstacles to care and potentially dangerous risks for patients.
- Remote sign ins: 225 in support; 1,201 opposed
- NH House Judiciary voted 17-3 in support of “Inexpedient to Legislate” after a failed motion of “Ought to Pass”
- NH House voted “Inexpedient to Legislate” on HB 562 on a voice vote
- Testimony in opposition of HB 562:
HB 591: Six-week Abortion Ban
- This extreme bill is a near total ban on abortion; it bans abortion around six weeks, with virtually no exceptions. For those with regular menstruation cycles, this bill would stop access to safe, legal abortion only two weeks after a missed period. Most people have very few signs of pregnancy - if any - at six weeks. This bill would take away a person’s ability to make their own medical decisions before they even know they have a decision to make.
- Remote sign ins: 223 in support; 1,340 opposed
- NH House Judiciary voted 16-4 in support of “Inexpedient to Legislate”
- NH House voted 271-110 in support of “Inexpedient to Legislate” on HB 591
- Testimony in opposition of HB 591:
HB 615: Duplicative Family Planning Program Provider Audit
- This bill that would mandate an additional, unnecessary audit for providers who participate in the New Hampshire Family Planning Program.
- The House Health, Human Services, and Elderly Affairs Committee voted 13-7 in support of “Inexpedient to Legislate”
- NH House voted 354-29 to table HB 615
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Planned Parenthood of Northern New England (PPNNE) is the largest provider of reproductive and sexual health care across the State of New Hampshire. We serve New Hampshire residents through 5 health centers in Derry, Exeter, Keene, Manchester and White River Junction, VT. Last year we saw more than 10,000 patients at these sites. PPNNE was named a 2021 and 2022 Guardian of Excellence Award® winner by Press Ganey, the national leader in health care consumer and workforce engagement. Press Ganey recognizes PPNNE as a top-performing health care organization, achieving the 95th percentile or above for performance in patient experience, out of more than 20,000 medical practices.
Planned Parenthood New Hampshire Action Fund (PPNHAF) is an independent, nonpartisan, not-for-profit organization formed as the advocacy and political arm of Planned Parenthood of Northern New England in New Hampshire. The Action Fund engages in educational and electoral activity, including voter education, grassroots organizing, and legislative advocacy.