Recent House roll calls: limiting late-term abortion, HB 625

The New Hampshire House voted 191-160 to pass HB 625, limiting abortions after 24 weeks’ gestation, with an exception for a mother’s medical emergency. The roll call is on the General Court website.

Contact information for representatives is on the General Court site as well. Thank-yous where they’re due would undoubtedly be welcomed.

A few notes

Committee recommendation overturned

Before voting on an “Ought to Pass” motion, the House had to take up the Judiciary Committee’s 11-10 recommendation of “Inexpedient to Legislate.” The House overturned the committee recommendation, as it later did with the committee’s ITL recommendation for HB 233 (born-alive protection).

No walkout

Unlike with the born-alive protection bill, there was no walkout by HB 625’s opponents. Only thirteen representatives are on the roll call as “Not Voting.”

Protecting born-alive children triggered a walkout by some House members, while limiting abortion did not. Interesting contrast there.

I have a separate post on the born-alive vote.

Party lines

The vote was generally along party lines, with Republicans in the majority. The exceptions are noted here.

Three Democrats joined 188 Republicans in voting “Ought to Pass (OTP)”: Richard Ames (Jaffrey), Stacie-Marie Laughton (Nashua), and John Mann (Alstead).

Fourteen Republicans joined 146 Democrats in opposing the OTP motion: James Allard (Pittsfield), Lex Berezhny (Grafton), Joseph Depalma IV (Littleton), Oliver Ford (Chester), Edward “Ned” Gordon (Bristol; Chairman of House Judiciary; voted against bill in committee), John Hunt (Rindge), John Lewicke (Mason), Norman Major (Plaistow), James Mason (Franklin), Russell Ober (Hudson), Diane Pauer (Brookline), Andrew Prout (Hudson), Dan Wolf (Newbury), and Josh Yokela (Fremont).

Next step

HB 625 will head to the Senate, where Republicans hold a 14-10 majority. As seen with the House roll call, though, party lines won’t necessarily hold.

Header photo by Dan Evans/Pixabay.

Committee: thumbs-down to life-issue bills; full House vote soon

The New Hampshire House Judiciary Committee frowned on the life-issue bills that come before it last week. The full House will meet on Wednesday, February 24 and Thursday, February 25 to vote on the committee’s “Inexpedient to Legislate” (ITL) recommendations.

On three of the bills, the votes were 11-10 on ITL motions, with Republican committee chairman Edward “Ned” Gordon joining the committee’s ten Democrats in the majority.

Usually, overturning a committee report on the House floor is challenging. Most House members don’t have time to research every bill, and so they lean heavily on the brief committee reports printed in the House calendar.

They also lean on two other things: recommendations from party leadership, and messages from constituents. Most of us can’t control the former. You can definitely influence the latter.

Contacting your representatives

Look up your representatives’ names and contact information, and reach out to them with brief, clear, courteous messages before February 24. Anger is counterproductive; long messages won’t be read; clarity reduces confusion.

My own message to my reps on the bills with 11-10 ITL recommendations will be as straightforward as I can make it: reject the Judiciary Committee’s majority reports, and then vote Ought to Pass on HB 233 (born-alive protection), HB 430 (buffer zone repeal), and HB 625 (protecting preborn children after 24 weeks’ gestation). And for crying out loud ask for roll call votes.

Explaining the votes: committee reports

The House Calendar for next week’s session contains the reports on each bill, majority and minority. Here are excerpts, along with a few irrepressible comments from me. The words from the reports are in italics.

HB 233, protection for infants who survive attempted abortions

The majority report recommending Inexpedient to Legislate on HB 233 was written by Rep. Marjorie Smith (D-Durham), who took a different tack from her claim on a born-alive bill last year that “there’s no such thing as an abortion up until birth.” This time, she offered a few other reasons for not providing enforceable protection for children surviving attempted abortion. “It provides that legislators, not parents and their physicians, should determine appropriate medical care….Infants with a few moments, hours, or days would be taken out of the arms of their parents, hooked up to machines, and their parents would be denied the right to say how these last moments of a child’s life would be spent. The majority concluded that passage of this bill was not in the best interests of the state or its citizens.”

That last sentence chills me. I devoutly hope that you never have to think about whether your own care needs to be evaluated through the lens of “the best interests of the state.”

Rep. Kurt Wuelper (R-Strafford) wrote a minority report on behalf of the ten committee members who supported the bill. “We ask no more than that ‘medically appropriate and reasonable care’ be provided to every baby born; no matter the circumstances of birth, no matter if the baby is wanted or not….The decision of what is medically appropriate and/ or reasonable remains where it has been, with medical providers and families….The choice is simple but profound: life or death for a helpless child.”

HB 430, buffer zone repeal

Rep. Alexis Simpson (D-Exeter) wrote the “Inexpedient to Legislate” report for HB 430. “The current law allows flexibility for communities to tailor a zone according to local factors and public safety needs.” I can’t let that pass without comment: communities have no authorization under law to set up buffer zones. Managers of abortion facilities do. “…This bill would repeal the law passed in 2014 that authorized flexible, non-arbitrary, ‘buffer zones’ around reproductive health care facilities to provide for patient safety….the current law allowing health care centers to establish buffer zones that suit their local situations should remain in place.”

That “non-arbitrary” bit was a nice touch, as fiction goes. The law delegates the authority to set up a zone to an abortion facility manager, an employee of a private concern, who determines the zone’s location and extent (“up to 25 feet”), and even whether or when a zone is needed. Merriam-Webster offers a definition of “arbitrary“: “depending on individual discretion and not fixed by law.”

Rep. Mark McLean (R-Manchester), for the ten reps dissenting from the ITL report: “…the US Supreme Court struck down the Massachusetts buffer zone law upon which this law is based, and the call for a repeal of its New Hampshire counterpart has followed ever since. The minority of the committee expressed the belief that existing criminal threatening laws are adequate to address security concerns at reproductive health care facilities, and noted that no facility has ever implemented the law’s provisions in spite of the urgent need expressed by its supporters.”

HB 625, Fetal Life Protection Act

New Hampshire offers no protection for preborn children at any point in pregnancy. HB 625 would change that by restricting abortion after 24 weeks’ gestational age, with an exception for the life of the mother.

That was too much for the ten Judiciary Democrats and Republican Rep. Gordon. Rep. Marjorie Smith wrote the majority’s ITL report, saying in part: “This bill sets an extremely narrow exception to the prohibition of abortion, excluding emotional, psychological, and other health factors worthy of consideration as determined by a patient and the patient’s doctor. Not even rape or incest would be a permissible exception. Viability varies with each pregnancy. It has no predictive value in utero. It is only after birth that viability might become a relevant measure.”

Rep. Kimberly Rice (R-Hudson) offered the minority’s view. From her report: “This bill prohibits abortions on babies older than 24 weeks who can live outside of the mother’s womb, except when the alternative poses significant risk to the life or health of the mother. This bill implements the compelling state interest in protecting viable babies and minimizes risk to the mother’s health. This is about the values that define us….Testimony showed this bill to be consistent with standards of care for pregnant women who present with very difficult pregnancies. The minority of the committee believes that New Hampshire should never be a haven for those like Kermit Gosnell, the Pennsylvania abortionist who heartlessly snipped the spinal cords of ‘accidentally’ born babies. We are proud to support legislation that reflects our values and protects the sanctity of human life. The minority stands in the gap, defending the most defenseless, and giving voice to the voiceless. New Hampshire should join the many states with post-viability bans by adopting this bill.”

Related bills

What about related bills heard last week?

HB 622, protecting nascent human life as a reasonable and valid state interest, was retained in committee and will not go before the House until 2022. Watch for a committee work session next fall.

HB 596, with its single sponsor, addressed public funding of abortion. The committee report explains the 20-1 ITL vote: “It became clear at the hearing that HB 434 had much greater support and was the preferred alternative. While many committee members support the intent of this bill, it did not make sense to have the two bills competing with each other.” As for that “preferred alternative,” HB 434 suffered one of those 11-10 ITL votes. It is not listed on the House calendar for February 24-25.

Header image: Cottonbro/Pexels.

N.H. House Judiciary life-issue hearings next week

Two bills to change New Hampshire’s policy of unrestricted abortion, along with bills to repeal the buffer zone law, bar public funding of abortion, and protect children born alive after attempted abortion, will be heard in the New Hampshire House Judiciary Committee on February 9 and 10.

These measures respecting human life and conscience may be voted on by the committee at any time after the hearings, without a separately-scheduled session.

To me, some of these bills clearly show better legislative preparation than others. Some show more broad-based support than others. Read them for yourself – then act.

The committee will accept testimony remotely. There is no public access to the Legislative Office Building. You can sign in electronically anytime before the hearings to register your opinion. In an earlier post, I summarized the new testimony and sign-in procedures. Here’s a quick review, followed by details of the hearings and links to the bills.

How to weigh in

  • You can sign in on a bill before its hearing, even days before, so that committee members and staff have your opinion on record. No testimony is needed for this simple step. Signing in is easy. Share this link with like-minded friends: http://gencourt.state.nh.us/house/committees/remotetestimony/default.aspx
  • You can email the Judiciary Committee with your written opinion and testimony on any or all of these bills, using a separate message for each bill. A message to HouseJudiciaryCommittee@leg.state.nh.us will reach all 21 committee members.
  • You can testify online during the hearings, using the sign-in procedure in advance and then joining the online Zoom videoconference the day of the hearing. Links are below, taken from the February 5 House Calendar. Note that there is a telephone option as well. These hearings are likely to be lengthy.
  • You can listen to the hearings without testifying, by listening via Zoom. The NH House of Representatives Committee Streaming channel on YouTube may be another option.
  • What you cannot do is go to Concord and have face-to-face contact with the committee members, which makes electronic communication vitally important.

What’s the “FN” attached to some bills?

“FN” stands for Fiscal Note, a reference to the bill’s potential cost. It is not essential to include FN when contacting a legislator. For example, HB 233 and HB 233-FN refer to the same bill.

Tuesday, February 9

Zoom log-in: join any of Tuesday’s Judiciary hearings by going online to https://www.zoom.us/j/96805083773, or dialing 1-929-205-6099 (note: that is a toll number; keep that in mind if you’re calling from a landline!). The webinar ID is 968 0508 3773.

To sign in, registering your opinion: fill out this form on the House website, once for each bill. You will cite the hearing date, committee (Judiciary), bill number, and whether you support or oppose the bill. If you intend to testify, you may indicate that on the sign-in form. To share the sign-in link, use this URL: http://gencourt.state.nh.us/house/committees/remotetestimony/default.aspx

9 a.m.: combined hearing on two bills to restrict post-viability abortions

HB 622-FN: an act to protect nascent human life as a reasonable and valid state interest. This bill would bar abortion of a viable fetus, except in cases of “a clear and present danger to the life or health of the mother.” Sponsors: Reps. Walter Stapleton (R-Claremont), Max Abramson (R-Seabrook), Bill Nelson (R-Brookfield), Mark Pearson (R-Hampstead).

HB 625-FN: the Fetal Life Protection Act, barring abortions after the fetus reaches 24 weeks gestational age, with exceptions for medical emergencies. Sponsors: Reps. Beth Folsom (R-Wentworth), Katherine Prudhomme-O’Brien (R-Derry), Maureen Mooney (R-Merrimack), Linda Gould (R-Bedford), Jeanine Notter (R-Merrimack), Walter Stapleton, and Senators Ruth Ward (R-Stoddard) and Regina Birdsell (R-Hampstead).

2 p.m.: buffer zone repeal

HB 430: the Sidewalk Free Speech Act, “repealing the prohibition on entering or remaining on a public way or sidewalk adjacent to a reproductive health facility.” This one has as many official sponsors as a bill is allowed to list: ten reps, five senators. Perhaps with this fifth attempt, lawmakers will finally repeal the anti-First-Amendment “buffer zone” law passed in 2014 but never enforced.

Sponsors: Reps. Niki Kelsey (R-Bedford), Hershel Nunez (R-Pelham), Tim Baxter (R-Seabrook), Linda Gould, Walter Stapleton, Maureen Mooney, Jeanine Notter, Mark Pearson, Vanessa Sheehan (R-Milford), Matt Simon (R-Littleton), and Sens. Denise Ricciardi (R-Bedford), Regina Birdsell, Gary Daniels (R-Milford), Jeb Bradley (R-Wolfeboro), and Kevin Avard (R-Nashua).

Wednesday, February 10

Zoom log-in: join any of Wednesday’s Judiciary hearings by going online to https://www.zoom.us/j/91322816360, or dialing 1-929-205-6099 (note: that is a toll number; keep that in mind if you’re calling from a landline!). The webinar ID is 913 2281 6360.

To sign in, registering your opinion: fill out this form on the House website, once for each bill. You will cite the hearing date, committee (Judiciary), bill number, and whether you support or oppose the bill. If you intend to testify, you may indicate that on the sign-in form. To share the sign-in link, use this URL: http://gencourt.state.nh.us/house/committees/remotetestimony/default.aspx

9 a.m.: combined hearing on two bills to bar public funding of abortions

HB 434: the No Public Funds for Abortion Act. This one does what looks like a thorough job of ruling out avenues for state-level taxpayer funding of abortion, with exceptions for “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.” Sponsors: Reps. Vanessa Sheehan, Maureen Mooney, Kim Rice (R-Hudson), Jim Creighton (R-Antrim), Matt Simon, Mark Pearson, Linda Gould, Debra DeSimone (R-Atkinson), Bill King (R-Milford), Diane Pauer (R-Brookline), and Senators Gary Daniels, Denise Ricciardi, and Ruth Ward.

HB 596-FN: the Life Appropriation Act, barring state funding of “convenience” abortions, including funding to agencies that perform such abortions, even if potential funding is for a non-abortion purpose. The bill would also establish a Foster Care and Adoption Initiative Fund. Sponsor: Rep. Fred Plett (R-Goffstown).

1 p.m.: born-alive infant protection

HB 233-FN: the Born-Alive Infant Protection Act. “Any born alive infant, including one born in the course of an abortion, shall be treated as a legal person under the laws of this state, with the same rights to medically appropriate and reasonable care and treatment.” Sponsors: Reps. Jordan Ulery (R-Hudson) and Walter Stapleton.

Share this information

The committee needs to get public comment before the hearings. Every sign-in counts, even without testimony attached. The tallies are going to be news, watched not only by committee members and the customary observers, but also – unless I miss my guess – by Governor Sununu.

According to an email from its “director of advocacy,” the New Hampshire Medical Society will be opposing all of these measures. That includes buffer zone repeal, which has no bearing on abortion itself and is purely a First Amendment issue. Pro-life medical professionals, take note. The Society will speak up. Will you?

Post header image by Gerd Altmann/Pixabay.

Veto! Sununu says no to abortion insurance mandate

New Hampshire Governor Chris Sununu has vetoed a measure to create an abortion-insurance mandate for certain health insurance policies. In his veto message on HB 685, he cited conscience concerns and a potential loss of federal funds if the bill were to become law.

“This bill would risk the States federal healthcare funding in the middle of a pandemic, take away the freedom of choice for those employees and employers who object to being forced to partake in or provide abortion services, and expose the State to expensive litigation. Therefore, the costs and risks of this bill far outweigh its benefits.” (Full statement at this link.)

HB 685’s advocates, citing “parity,” treat abortion as health care. To them, conscience protections are “discriminatory attacks.” They seek to remove abortion-free options for anyone who chooses not to help provide abortions, including insurance providers, business owners who offer health insurance as a benefit to employees, and individuals paying insurance premiums.

HB 685 got to the Governor’s desk after a tortuous legislative process that included stripping an unrelated bill of its language in order to replace it with the abortion insurance mandate. The bill was passed in spite of a House rule barring nongermane amendments. There was no House public hearing on the bill in its amended form.

Overriding the veto would require a two-thirds vote in House and Senate. The House Clerk has announced that the House will have its “Veto Day” on September 16 at UNH’s Whittemore Center in Durham.

Earlier coverage of HB 685: Mandate bill created in rushed process, Clock is ticking on abortion insurance bill

To thank the Governor: (603) 271-2121 or governorsununu@nh.gov

Edited to correct date for House Veto Day.

After one-month delay, clock is ticking on abortion insurance bill

The abortion insurance mandate bill crafted by pro-abortion New Hampshire legislators is finally on Governor Sununu’s desk. HB 685 was passed and entered the enrollment process on June 30. Not until August 5 did the Senate finally sign off on the bill. Governor Sununu now has five business days to act on it.

The Governor’s office phone number is (603) 271-2121. Email is governorsununu@nh.gov. He could act on the bill as early as today.

Five-day countdown after one-month delay

HB 685 entered the enrollment process on June 30 after a rule-bending journey through House and Senate. Enrollment is normally an administrative procedure lasting a few days, involving getting signatures from House and Senate leaders. By delaying sign-off, those leaders can affect the timing of when a bill gets to the Governor.

In the case of HB 685, the Senate was the chokepoint. Senate President Donna Soucy finally did her job and sent the bill to the Governor on August 5. From there, Governor Chris Sununu has five business days to sign or veto the bill, or let it become law without his signature.

The last option – letting it become law without his signature – is no different from signing it outright.

The big lie: “reproductive health parity”

Abortion advocates have titled the mandate a “reproductive health parity” bill. That’s a backhanded acknowledgment of the fact that even among abortion-friendly legislators, the word “abortion” is radioactive.

Don’t be fooled. HB 685 is an abortion bill. It is founded on the false notion that abortion is health care, together with the false notion that “access” means forcing the community as a whole to help procure abortions.

In a press release tweeted out by Senate Democrats, Sen. Cindy Rosenwald (D-Nashua) said that HB 685 is essential to “guaranteeing full reproductive health care and reducing barriers for women when making their constitutionally protected decisions.”

No word on whether Senator Rosenwald is interested in repealing the buffer zone law, which was passed in the thus-far-vain hope it would be a barrier for women making constitutionally protected decisions to demonstrate publicly and peacefully outside abortion facilities.

An interesting anniversary

Whether the Senate Democrats intended so or not, their statement on HB 685 comes on the fifth anniversary of then-Executive Councilor Sununu’s surprising vote to deny a state contract to Planned Parenthood of Northern New England. In a joyous borderline-intemperate Facebook post that day, I wrote “Can I get a Hell Yeah for Chris Sununu? He courageously voted no on PP contracts, citing need for alternatives for women in his district.”

Why so shocking? Because he had voted to grant earlier PP contracts, and only a few months later, he reverted to supporting PP contracts again.

Coverage in this blog noted more about Sununu’s vote on August 5, 2015.

In the discussion preceding the vote, Sununu said “I’m pro-choice and I support Planned Parenthood, but in my district, women have no [other] choice.” He unsuccessfully urged Hassan and his fellow Councilors to “take a step back” and support a study of health care options in Sununu’s southeastern New Hampshire district. He said he got calls from constituents who wanted family planning services but not at Planned Parenthood. He also expressed concern about activities at other Planned Parenthood affiliates documented in the [Center for Medical Progress] videos [documenting PP commerce in fetal body parts], which were dismissed by Hassan, Van Ostern and Pappas (in identical language) as “heavily edited.” “I’ve watched that video cover to cover with no edits,” said Sununu. “I’m pro-choice, but that’s not the issue here.”

reported in Leaven for the Loaf, 8/5/15

Perhaps the better angels of his nature will prevail again in 2020.