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Four Bills to Expand Reproductive Rights Move Forward with No Recommendation

CONCORD, NH - On International Women’s Day - March 8 - the New Hampshire House Judiciary Committee made recommendation votes on seven reproductive health and rights related bills.

Restrictive Bills:

These bills were heard on Thursday, February 16, 2023 in Representatives Hall.

  • HB 346 - would harm grieving families and severely criminalize providers offering compassionate care
    • Remote sign ins: 239 in support; 970 opposed
    • NH House Judiciary voted 18-1 in support of “Inexpedient to Legislate”
  • HB 562 - mandating a 24-hour waiting period for all abortion care
    • 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”
  • HB 591 - a near total ban on abortion, prohibiting the procedure at 6 weeks with virtually no exceptions
    • Remote sign ins: 223 in support; 1,340 opposed
    • NH House Judiciary voted 16-4 in support of “Inexpedient to Legislate”

Proactive Bills:

These bills were heard on Wednesday, February 15, 2023 in Representatives Hall.

  • CACR 2 - amending New Hampshire’s state constitution to add reproductive rights
    • 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.
  • HB 88 - the House version of the Access to Abortion-care Act, to protect abortion rights in statute
    • 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.
  • HB 224 - to remove the criminal and civil penalties from New Hampshire’s abortion ban
    • 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.
  • HB 271 - a full repeal of the current New Hampshire abortion ban
    • 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.

In addition to the House Judiciary Committee executive session, the House Health, Human Services, and Elderly Affairs Committee voted 13-7 in support of “Inexpedient to Legislate” on HB 615, a bill that would have mandated an additional, unnecessary audit for providers who participate in the New Hampshire Family Planning Program. 

Following the executive session, Kayla Montgomery, Vice President for Public Affairs at Planned Parenthood New Hampshire Action Fund, released the following statement:

“On this first International Women’s Day since the overturning of Roe v. Wade, we are encouraged to see the New Hampshire House Judiciary Committee reject additional restrictions on reproductive rights. Today’s votes recognize that attempts to ban all abortion in our state and enact unnecessary hurdles to care, including waiting periods and mandated misinformation, are deeply unpopular, not based in best medical practice, and have no place in New Hampshire. 

We stand with the majority of Granite Staters who support safe, legal abortion and urge all state representatives to follow suit. We remain hopeful that the full House of Representatives will reject all reproductive rights restrictions and support the four bills to proactively protect and expand abortion rights in our state’s laws and constitution.”

BACKGROUND:

Polling:

  • 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. 
  • New polling from Maine shows that Majority of Mainers (67%) support expanding access to abortion later in pregnancy. The poll, conducted by the University of New Hampshire Survey Center in February 2023, indicates Mainers trust medical providers and their patients to make decisions about pregnancy and abortion

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.

New Hampshire’s Access to Abortion-care Act (AAA)

  • House Bill 88 and Senate Bill 181 would put abortion rights into state statute. If passed into law, it would proactively protect the future of abortion rights in the Granite State.
  • The Access to Abortion-care Act upholds long-held New Hampshire values by enshrining the right to make personal, private health decisions regarding abortion in law. 
  • The AAA does not change anything about current New Hampshire abortion laws; it does, however, provide critical protections to ensure that Granite Staters can work with their doctors to get the health care they need in the majority of situations. 

HB 88: New Hampshire’s Access to Abortion-care Act (AAA)

  • House Bill 88 and Senate Bill 181 would put abortion rights into state statute. If passed into law, it would proactively protect the future of abortion rights in the Granite State.
  • The Access to Abortion-care Act upholds long-held New Hampshire values by enshrining the right to make personal, private health decisions regarding abortion in law. 
  • The AAA does not change anything about current New Hampshire abortion laws; it does, however, provide critical protections to ensure that Granite Staters can work with their doctors to get the health care they need in the majority of situations. 
  • Testimony in support of HB 88:

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. 
  • Testimony in support of CACR 2:

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. 
  • Additionally, the current law allows maternal grandparents to sue the provider. 
  • The law as it stands is an invitation for intimidation and harassment against medical professionals who treat patients later in pregnancy. 
  • 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.
  • Testimony in Support of HB 271:

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 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. 
  • Infants born alive are already protected under New Hampshire’s criminal statutes. 
  • This bill could have a dark, chilling effect on how doctors do their jobs and provide compassionate, evidence-based care to their patients during end of life neonatal decisions. 
  • 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.
  • Geographic access to safe, legal in-health center abortion care is already limited where abortion providers are located in only 4 of 10 New Hampshire counties. For patients in the North Country or in rural and underserved areas, potentially needing to make  an additional trip to the provider’s location may be logistically or financially prohibitive and will disproportionately impact lower-income people, those in abusive relationships, and those without access to transportation.
  • Medication abortion is safe and effective for most people who want to end an early pregnancy, with a safety record of over 99%
  • 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.
  • Testimony in opposition of HB 591:

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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.

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