HB 403-FN - AS INTRODUCED

2015 SESSION

15-0075

01/09

HOUSE BILL 403-FN

AN ACT repealing the law relative to providing certain parameters for access to reproductive health care facilities.

SPONSORS: Rep. Souza, Hills 43; Rep. Kappler, Rock 3; Rep. Notter, Hills 21; Rep. Gould, Hills7; Rep. Groen, Straf 10; Rep. Hoell, Merr 23; Rep. Cordelli, Carr 4; Rep. Itse, Rock 10; Rep. Baldasaro, Rock 5; Rep. Wuelper, Straf 3; Sen. Birdsell, Dist 19; Sen. Daniels, Dist 11; Sen. Avard, Dist 12; Sen. Cataldo, Dist 6; Sen. Carson, Dist14

COMMITTEE: Judiciary

ANALYSIS

This bill repeals the law relative to providing certain parameters for access to reproductive health care facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0075

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT repealing the law relative to providing certain parameters for access to reproductive health care facilities.

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

1 Statement of Findings and Purpose.

I. The general court hereby finds that:

(a) The exercise of a person’s right to free speech is a First Amendment activity, the protection of which is paramount.

(b) RSA 132:37 through RSA 132:40 (2014, 81) was based on a similar Massachusetts statute, Mass. Gen. Laws, ch. 266 section 120E .

(c) On June 26, 2014 the United States Supreme Court unanimously struck down as unconstitutional the Massachusetts statute in the case of McCullen v. Coakley, 134 S. Ct. 2518.

(d) On July 9, 2014, the United States District Court for the District of New Hampshire held in the case of Sister Mary Rose Reddy v. Foster, Docket 14-cv-00299-JL that RSA 132:37 through RSA132:40 “is materially indistinguishable from the Massachusetts statute that the Supreme Court invalidated in McCullen v. Coakley.”

II. Therefore, the general court hereby repeals RSA 132:37 through RSA 132:40 because if left as law, this statute will cause the state of New Hampshire to expend considerable sums defending a law which the United States Supreme Court unanimously found unconstitutional.

2 Repeal. RSA 132:37-132:40, relative to providing certain parameters for access to reproductive health care facilities, are repealed.

3 Effective Date. This act shall take effect upon its passage.

LBAO

15-0075

01/20/15

HB 403-FN - FISCAL NOTE

AN ACT repealing the law relative to providing certain parameters for access to reproductive health care facilities.

FISCAL IMPACT:

METHODOLOGY: