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Sununu signs repeal of abortion ultrasound mandate; vetoes bill on school face covering policies

By Paula Tracy - InDepthNH | May 24, 2022

Gov. Chris Sununu speaks with reporters in his office after the Executive Council meeting April 6. (Photo by PAULA TRACY)

CONCORD – Gov. Chris Sununu signed a bill Friday removing ultrasound requirements within the state’s controversial new 24-week abortion ban.

He also vetoed a bill that would prohibit school boards from requiring the wearing of masks in schools. Sununu signed 54 other bills into law Friday.

House Bill 1673 is an act relative to certain provisions of the fetal life protection act requiring ultrasound at every stage of pregnancy to determine fetal age.

Sununu said that and several other provisions within the act are troublesome and has said he would support other measures, including House Bill 1609 which would remove limits on abortions of unviable fetuses after 24 weeks.

That bill is still enrolled and has not reached the governor’s desk.

HB 1673 clarifies the ultrasound provision so that it is only necessary if a provider knows or believes the gestational age is 24-weeks or beyond and it took effect immediately upon signature.

Since Jan. 1, 2022, every woman seeking abortion care in New Hampshire has first had to undergo an ultrasound, regardless of gestational age. The requirement was adopted as part of the 24-week abortion ban in the state budget bill last year.

Throughout this legislative session, medical providers testified that ultrasounds are not always medically necessary for abortion care.

Kayla Montgomery, VP of Public Affairs for Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund, said Monday:

“For nearly six months, Granite Staters seeking abortion care have been needlessly forced to first undergo an ultrasound because extreme lawmakers slipped this government mandate into the state budget last year. To be clear, these procedures can be invasive and are not always medically necessary.

“We are grateful bipartisan lawmakers came together this year to listen to patients and providers and repeal this barrier to care that served only to shame women and put up roadblocks to accessing abortion.

“While the signing of HB 1673 is an important step forward to address the harm caused by New Hampshire’s first abortion ban in modern history, we urge the Legislature to quickly send its companion bill, HB 1609, to the governor’s desk to ensure Granite Staters in complex circumstances later in pregnancy have access to the care they need without being forced to travel out-of-state,” Montgomery said.

The 54 other bills included the naming of bridges in Rumney and Center Harbor, an act relative to the profiling of motorcyclists, and one related to ignition lock requirements. A full list of the bills signed can be found at end of story.

He vetoed only one which was supported by those who opposed mask mandates during COVID-19 in schools.

Sununu said local control in New Hampshire must be maintained.

“Just because we may not like a local decision, does not mean we should remove their authority,” Sununu wrote in his veto message.

“One of the state’s foremost responsibilities is to know the limits of its power.”

House Bill 1131 now goes to an override vote. It passed the House 166-157 and by voice vote in the Senate. A copy of the bill’s history is here https://www.gencourt.state.nh.us/bill_status/billinfo.aspx?id=1281&inflect=2

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From Gov. Sununu’s news release:

SB 201, An relative to naming a bridge in the Town of Rumney and a bridge in the Town of Center Harbor

SB 223, An act relative to requirements for recovery houses

SB 260, An act relative to search and rescue teams activated by fish and game

SB 279, An act establishing a study committee on harm reduction and overdose prevention programs

SB 284, An act relative to the treatment of glaucoma

SB 306, An act relative to the penalties for various motor vehicle violations

SB 348, An act relative to political expenditures and contributions

SB 356, An act relative to medical benefits payments by state retirees

SB 380, An act relative to solid waste rules and landfill containment tests

SB 391, An act relative to the operation of a state forensic psychiatric hospital

SB 396, An act relative to solid waste management

SB 414, An act relative to the definition of Alzheimer’s disease and related disorders

SB 423, An act relative to a closed loop referral system in the department of health and human services

SB 439, An act relative to the brain and spinal cord injury advisory council and community-based support program

SB 460, An act relative to salaries for employee positions approved by the joint committee on employee classification

HB 122, An act amending the capital appropriations for an aviation hanger bay in the department of military affairs and veterans services

HB 241, An act repealing the definition of brook trout

HB 410, An act establishing a commission to study the assessing of power generation and utility transmission

HB 576, An act relative to victims compensation fund eligibility

HB 1000, An act prohibiting motorcycle profiling

HB 1003, An act prohibiting health care providers from refusing to provide care or services based on patient vaccination status

HB 1005, An act relative to the creation of a NH low-grade timber and wood emerging market commission

HB 1010, An act requiring municipal voter history to be made accessible in the statewide centralized voter registration database

HB 1035, An act relative to exemptions from school vaccine mandates

HB 1037, An act relative to the governor’s duties during a state of emergency

HB 1045, An act relative to the composition of the ethics oversight advisory committee

HB 1052, An act relative to the number of rounds of ammunition allowed for hunting regardless of firearm capacity

HB 1069, An act relative to the election of villages district commissioners

HB 1085, An act relative to ignition lock requirements

HB 1102, An act relative to certain committees and commissions of the department of state

HB 1157, An act relative to electronic ballot counting devices

HB 1164, An act revising the agriculture in the classroom committee

HB 1182, An act relative to the board of court reporters

HB 1192, An act relative to the board of acupuncture licensing and relative to the qualifications for the licensure as an acupuncturist

HB 1202, An act to transportation of pupils to school activities by a contract carrier

HB 1206, An act relative to the source of funding for appointment of counsel or other services for indigent persons

HB 1235, An act relative to compensation paid to a crime victim

HB 1239, An act relative to habitual offender hearings

HB 1341, An act relative to the definition of conviction in motor vehicle laws

HB 1344, An act relative to the authority of real estate brokers

HB 1446, An act relative to the governing board of recreational therapists and relative to the governing board of respiratory care practitioners

HB 1457, An act relative to chain of custody of ballot boxes after an election

HB 1488, An act expanding the prohibition against discrimination based on an individual’s election not to participate in the state vaccine registry

HB 1491, An act relative to natural gas transmission pipeline safety

HB 1497, An act relative to optional allowances in the retirement system

HB 1505, An act establishing concurrent jurisdiction in juvenile matters with the U.S. Department of Defense for coordination with the military family advocacy program

HB 1527, An act relative to vote returns

HB 1528, An act establishing a public boat access donation program for operators of non-motorized boats

HB 1530, An act establishing curricular transfer pathways between the community college system of NH and the university system of NH

HB 1534, An act authorizing the use of side exhausts for antique vehicles

HB 1577, An act relative to exemptions from prosecution for victims of human trafficking

HB 1608, An act relative to withdrawal from the state immunization registry

HB 1622, An act relative to notice that a health care provider is no longer accepting new patients and relative to mental health parity

HB 1659, An act relative to criminal history background checks for certain health care workers

HB 1673, An act relative to certain provisions of the fetal life protection act requiring an ultrasound examination

Today, Governor Sununu vetoed HB 1131, an act relative to facial covering policies for schools. A copy of the Governor’s veto message can be found here.

Note: HB 1609, an act relative to certain provisions of the fetal life protection act requiring an ultrasound examination, has been enrolled. Governor Sununu intends to sign the bill when it reaches his desk.