Bill Summary – FastDemocracy

HB 434 - AS INTRODUCED
                                             2021 SESSION
                                                                                             21-0642
                                                                                             05/06
HOUSE BILL             434
AN ACT            prohibiting the use of public funds for abortions.
SPONSORS:         Rep. Sheehan, Hills. 23; Rep. Mooney, Hills. 21; Rep. Rice, Hills. 37; Rep.
                  Creighton, Hills. 38; Rep. Simon, Graf. 14; Rep. M. Pearson, Rock. 34; Rep. Gould,
                  Hills. 7; Rep. DeSimone, Rock. 14; Rep. B. King, Hills. 23; Rep. Pauer, Hills. 26;
                  Sen. Daniels, Dist 11; Sen. Ricciardi, Dist 9; Sen. Ward, Dist 8
COMMITTEE:        Judiciary
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                                               ANALYSIS
   This bill prohibits the use of public funds for the purpose of performing or assisting in an
abortion which is not necessary to save the life of the mother. The bill also prohibits school-based
health clinics from distributing drugs classified by the FDA as "emergency contraception".
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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                 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
                                           HB 434 - AS INTRODUCED
                                                                                             21-0642
                                                                                             05/06
                                          STATE OF NEW HAMPSHIRE
                                In the Year of Our Lord Two Thousand Twenty One
     AN ACT              prohibiting the use of public funds for abortions.
              Be it Enacted by the Senate and House of Representatives in General Court convened:
      1 Title. This act shall be known as the No Public Funds for Abortion Act.
      2 Legislative Findings and Purpose.
          I. The general court finds that:
              (a) When a state appropriates public funds to establish a program, it is entitled to define
  the limits of that program. Rust v. Sullivan, 500 U.S. 173, 194 (1991).
              (b) The decision not to fund abortion places no governmental obstacle in the path of a
  woman who chooses to terminate her pregnancy. Rust v. Sullivan, 500 U.S. 173, 201 (1991).
              (c)   New Hampshire may rationally distinguish between abortion and other medical
  procedures because “no other procedure involves the purposeful termination of a potential life.”
 Harris v. McRae, 448 U.S. 297, 325 (1980).
             (d) It is permissible for New Hampshire to engage in unequal subsidization of abortion
 and other medical services to encourage alternative activity deemed in the public interest. Rust v.
 Sullivan, 500 U.S. 173, 201 (1991).
         II. The purpose of this act is to ensure that public funds are not used to subsidize abortion.
     3 New Subdivision; Public Funding of Abortion Prohibited. Amend RSA 132 by inserting after
 section 41 the following new subdivision:
                                   Public Funding of Abortion Prohibited
     132:42 Definitions. In this subdivision:
         I. “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any
 other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy
 of a woman with knowledge that the termination by those means will with reasonable likelihood
 cause the death of the mother’s embryo or fetus. Such use, prescription, or means is not an abortion
 if done with the intent to save the life or preserve the health of the embryo or fetus, remove a dead
 embryo or fetus caused by spontaneous abortion, or remove an ectopic pregnancy.
         II. “Facility” or “health care facility” means any public or private hospital, clinic, center,
 medical school, medical training institution, health care facility, physician’s office, infirmary,
 dispensary, ambulatory surgical treatment center, or other institution or location wherein medical
 care is provided to any person.
         III. “Public funds” means funds of any kind or character belonging to or in the custody of any
 institution, board, commission, department, or any other public agency of the state, or belonging to
 or in the custody of any state official in his or her official capacity.
                                          HB 434 - AS INTRODUCED
                                                   - Page 2 -
      132:43 Use of Public Funds for Abortion Prohibited.
          I. No public funds made available by the state, and distributed or appropriated by any
  institution, board, commission, department, agency, official, or employee of the state, shall be used
  in any way to provide, perform, or induce an abortion or assist in the provision or performance of an
  abortion.
          II. No person, agency, organization, or any other party that receives funds authorized or
  appropriated by the state, may use those funds to perform or provide facilities for abortion or for
  training to provide or perform abortion.
          III. No fund or committee authorized by this state for the special protection of women or
 children shall be authorized to use or distribute public funds for payment for abortion, abortion
 referrals, or abortion-related medical or social services.
         IV. The limitations in paragraphs I, II, and III shall not apply to an abortion performed
 when the life of the mother is endangered by a physical disorder, physical illness, or physical injury
 including a life-endangering physical condition caused by or arising from the pregnancy itself.
     132:44 Use of School Tuition and Fees for Abortion Prohibited. No part of any tuition or fees
 paid to a public institution of higher education shall be used in any way to pay for an abortion,
 provide or perform an abortion, make a referral for abortion, or provide facilities for an abortion or
 for training to provide or perform abortion.
     132:45 Abortion-Related Activities Prohibited in School-Based Health Clinics. The department
 of education, school administrative units, and local school districts are prohibited from using state
 funds to provide or procure an abortion or distribute drugs classified as “emergency contraception”
 by the FDA.
     132:46 State Employees Prohibited from Performing or Participating in Abortions.
         I. No person employed by this state, within the scope of such person's employment, may
 provide, perform, or participate in an abortion.
         II. The limitations in this section shall not apply to an abortion performed when the life of
 the mother is endangered by a physical disorder, physical illness, or physical injury including a life-
 endangering physical condition caused by or arising from the pregnancy itself.
     132:47 Use of Public Facilities and Assets for Abortion Prohibited.
         I. No public institution, public facility, public equipment, or other physical asset owned,
 leased, or controlled by this state shall be used for the purpose of providing, performing, or
 participating in an abortion.
         II. No public institution or facility shall lease, sell, or permit the subleasing of its facilities or
 property to any physician or healthcare facility for use in the provision or performance of abortion.
         III. The limitations in paragraphs I and II shall not apply to an abortion performed when
 the life of the mother is endangered by a physical disorder, physical illness, or physical injury
 including a life-endangering physical condition caused by or arising from the pregnancy itself.
                                            HB 434 - AS INTRODUCED
                                                     - Page 3 -
      132:48 Construction. Nothing in this subdivision shall be construed as creating or recognizing a
  right to abortion. Nothing in this subdivision shall be construed as creating or recognizing a right to
  federal or state funds for abortion.
      132:49 Right of Intervention. The general court by joint resolution, may appoint one or more of
  its members, who sponsored or cosponsored this act in his or her official capacity, to intervene as a
  matter of right in any case in which the constitutionality of this law is challenged.
      132:50 Severability. Any provision of the subdivision held to be invalid or unenforceable by its
  terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum
  effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability in
 which event such provision shall be deemed severable herefrom and shall not affect the remainder
 hereof or the application of such provision to other persons not similarly situated or to other,
 dissimilar circumstances.
     4 Effective Date. This act shall take effect 60 days after its passage.