HB1253: prohibiting public funds, employees, and facilities to assist or perform abortions.

HB 1253-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-2101

01/10

HOUSE BILL 1253-FN-LOCAL

AN ACT prohibiting public funds, employees, and facilities to assist or perform abortions.

SPONSORS: Rep. Easson, Straf 68; Rep. Ahern, Belk 29; Rep. Bicknell, Rock 73; Rep. Albert, Straf 67

COMMITTEE: Judiciary

ANALYSIS

This bill addresses certain issues considered by the United States Supreme Court in Webster v. Reproductive Health Services.

Specifically, this bill prohibits the use of public funds, public employees and public facilities 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 such funds, employees and facilities to be used to encourage or counsel a woman to have an abortion not necessary to save her life.

The bill further requires a second opinion from a licensed physician before any abortion is performed when a mother's life is deemed to be in danger.

The bill includes penalty provisions for violations of this law.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2101

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT prohibiting public funds, employees and facilities to assist or perform abortions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Public Funding of Abortions Limited. Amend RSA 132 by inserting after section 28 the following new subdivision:

Public Funding of Abortions Limited

132:29 Definitions. In this subdivision:

I. "Public employee" means any person employed by this state or any of its agencies or political subdivisions.

II. "Public facility" means any public institution, public facility, public equipment, or any physical asset owned, leased, or controlled by this state or any of its agencies or political subdivisions.

III. "Public funds" means any funds received or controlled by this state or any of its agencies or political subdivisions, including, but not limited to, funds derived from federal, state, or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers.

132:30 Use of Public Funds Prohibited. It shall be unlawful for any public funds to be expended for the purpose of performing or assisting an abortion, not necessary to save the life of the mother, or for the purpose of encouraging or counseling a woman to have an abortion not necessary to save her life.

132:31 Public Employees; Certain Activities Prohibited. It shall be unlawful for any public employee within the scope of his or her employment to perform or assist an abortion, not necessary to save the life of the mother. It shall be unlawful for a doctor, nurse, or other health care personnel, a social worker, a counselor, or a person of similar occupation who is a public employee within the scope of his or her public employment to encourage or counsel a woman to have an abortion not necessary to save her life.

132:32 Use of Public Facilities Prohibited. It shall be unlawful for any public facility to be used for the purpose of performing or assisting an abortion not necessary to save the life of the mother or for the purpose of encouraging or counseling a woman to have an abortion not necessary to save her life.

132:33 Second Opinion Required. In addition to the requirements of RSA 132:30-32, any decision that an abortion is necessary to save the mother's life shall require a second opinion from a licensed physician before the abortion is performed.

132:34 Penalty. Any person who performs an abortion or counsels a woman to have an abortion in violation of this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. In addition, any physician or other person qualified to perform an abortion shall have his or her license suspended by the board of medicine for 90 days for the first offense and revoked for any subsequent offense.

132:35 Taxpayer Standing to Bring Suit. Any taxpayer of this state or its political subdivisions shall have standing to bring suit in a superior court in the county in which the alleged violation occurred to enforce the provisions of this subdivision.

2 Effective Date. This act shall take effect January 1, 2005.

LBAO

03-2101.0

7/17/03

HB 1253-FN-LOCAL - FISCAL NOTE

AN ACT prohibiting public funds, employees, and facilities to assist or perform abortions.

FISCAL IMPACT:

The Department of Health and Human Services, Judicial Council, Judicial Branch and Association of Counties stated this bill will increase state revenue and expenditures and county expenditures by an indeterminable amount in FY 2005 in each year thereafter. There will be no fiscal impact on county and local revenue or local expenditures.

METHODOLOGY:

The Association of Counties indicated this bill creates a new misdemeanor that will create additional costs for the county correctional facilities. The average annual cost to incarcerate an inmate is $21,633, but the Association can not determine the number of individuals that will be convicted and sentenced under this proposed law.

The Department of Health and Human Services indicated that public funds are not currently used to provide abortion services, except as permitted by federal Medicaid regulations when a pregnant woman's life is danger by a physical disorder, illness, or injury, as well as in cases of rape and incest. The Department assumes this bill is in conflict with the federal policy and can not determine the fiscal impact.

The Judicial Council indicated if the individual charged is found eligible for indigent defense representation, the following costs may be incurred: public defender or contract attorney rate of $250 per misdemeanor or $60 per hour with a fee cap of $3,000. The Council assumed the individual charged would be an adult, however, a juvenile may also be charged and different rates would apply for cases processed through juvenile court. Additional costs could also result if a case is appealed to the superior or supreme courts.

The Department of Justice assumed if the state agencies involved were in compliance, and there were no legal challenges to the proposed changes than there will be no fiscal impact on the Department.