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1 New Subdivision; Public Funding and Abortion Referrals. Amend RSA 329 by inserting after section 50 the following new subdivision:
Public Funding and Abortion Referrals
329:50-a Definitions.
I. "Abortion" shall have the same meaning as provided in RSA 132:32, I.
II. "Medical facility" shall have the same meaning as provided in RSA 329:43, VI.
III. "Health care provider" shall have the same meaning as provided in RSA 329:43, VII.
IV. "Medical emergency" shall have the same meaning as provided in RSA 329:44, III.
V. "Pregnancy resource center" means a private nonprofit facility that provides pregnancy counseling, material support, or medical care to pregnant women but does not perform abortions or make referrals to abortion providers.
329:50-b Prohibition.
I. Notwithstanding any other provision of law to the contrary, no medical facility owned or operated by an entity that receives contractual payments, grants, or other funding from this state, any agency or subdivision thereof, any municipality, or any health care provider employed by or at such a facility, shall refer any patient for an abortion unless:
(a) Any health care provider attending the patient reasonably believes that the patient is experiencing a medical emergency associated with the pregnancy; or
(b) A health care provider attending the patient also provides the patient with a referral to a pregnancy resource center.
II. A referral to a pregnancy resource center shall satisfy subparagraph I(b) whether or not the provider informs the patient that state law requires the referral. The provider may refer the patient to a pregnancy resource center of the provider's choice or to the closest pregnancy resource center.
III. No public body shall enter into any contract with, or make any grant or other payment to, any recipient organization that refers for abortions except as provided in paragraph I. Any recipient organization that has, at any time, referred patients for abortions shall, as a condition of receiving any contract, grant, or other public funds from a public body, submit an affidavit stating its intent to comply with RSA 329:50-b, I. The public body shall retain the affidavit for not less than 2 years. The affidavit shall be signed under oath by an authorized agent of the recipient organization.
329:50-c Penalties.
I. Any contract made in violation of RSA 329:50-b shall be voided as a matter of law and policy and any court of competent jurisdiction shall order full rescission of the contract.
II. A taxpayer aggrieved by a violation of RSA 329:50-b shall have standing to challenge the violation under RSA 491:22, I, and shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in superior court against the public entity that entered into the contract or provided the payment. If the court finds that the public entity acted in willful disregard for the law, the taxpayer shall be further entitled to punitive damages in an amount determined by the trial court.
329:50-d Severability. If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application. This subdivision shall retain its purpose and effect to the maximum extent permitted under the state and federal constitutions, whether through the severance of provisions or applications, judicial injunction or construction, or any other just and proper remedy.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Subdivision; Public Funding and Abortion Referrals. Amend RSA 329 by inserting after section 50 the following new subdivision:
Public Funding and Abortion Referrals
329:50-a Definitions.
I. "Abortion" shall have the same meaning as provided in RSA 132:32, I.
II. "Medical facility" shall have the same meaning as provided in RSA 329:43, VI.
III. "Health care provider" shall have the same meaning as provided in RSA 329:43, VII.
IV. "Medical emergency" shall have the same meaning as provided in RSA 329:44, III.
V. "Pregnancy resource center" means a private nonprofit facility that provides pregnancy counseling, material support, or medical care to pregnant women but does not perform abortions or make referrals to abortion providers.
329:50-b Prohibition.
I. Notwithstanding any other provision of law to the contrary, no medical facility owned or operated by an entity that receives contractual payments, grants, or other funding from this state, any agency or subdivision thereof, any municipality, or any health care provider employed by or at such a facility, shall refer any patient for an abortion unless:
(a) Any health care provider attending the patient reasonably believes that the patient is experiencing a medical emergency associated with the pregnancy; or
(b) A health care provider attending the patient also provides the patient with a referral to a pregnancy resource center.
II. A referral to a pregnancy resource center shall satisfy subparagraph I(b) whether or not the provider informs the patient that state law requires the referral. The provider may refer the patient to a pregnancy resource center of the provider's choice or to the closest pregnancy resource center.
III. No public body shall enter into any contract with, or make any grant or other payment to, any recipient organization that refers for abortions except as provided in paragraph I. Any recipient organization that has, at any time, referred patients for abortions shall, as a condition of receiving any contract, grant, or other public funds from a public body, submit an affidavit stating its intent to comply with RSA 329:50-b, I. The public body shall retain the affidavit for not less than 2 years. The affidavit shall be signed under oath by an authorized agent of the recipient organization.
329:50-c Penalties.
I. Any contract made in violation of RSA 329:50-b shall be voided as a matter of law and policy and any court of competent jurisdiction shall order full rescission of the contract.
II. A taxpayer aggrieved by a violation of RSA 329:50-b shall have standing to challenge the violation under RSA 491:22, I, and shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in superior court against the public entity that entered into the contract or provided the payment. If the court finds that the public entity acted in willful disregard for the law, the taxpayer shall be further entitled to punitive damages in an amount determined by the trial court.
329:50-d Severability. If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application. This subdivision shall retain its purpose and effect to the maximum extent permitted under the state and federal constitutions, whether through the severance of provisions or applications, judicial injunction or construction, or any other just and proper remedy.
2 Effective Date. This act shall take effect January 1, 2027.