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New Hampshire lawmakers only have until Thursday to finalize what the final state budget will look like for the next biennium, but there are two issues that could hurt its chances of getting passed in the full House.

One of the policies is not even related to monetary funds, it’s about a family planning contracts provision that was hotly contested in the Senate version of the state budget last month.

The Senate added language to its budget prohibiting the state from giving money to health care facilities to provide abortions. Republicans argued the language simply codifies current practice under the federal Hyde Amendment, but Democrats called it an attack on women’s health.

“The decision by House conferees to accept the Hyde amendment as part of the state budget proposal is a completely unnecessary attack on women’s health,” said Rep. Mary Jane Wallner, D-Concord, ranking Democrat on the House Finance Committee and a budget conferee.

“Because federal law already prohibits the use of tax dollars on abortion services, this amendment is a political statement, not a budget statement,” she added.

A conference committee is working to compromise on differences between the $11.8 billion budget passed in the Senate and an $11.9 billion spending plan proposed by the House Finance Committee that was eventually rejected by the full House after conservatives voted against the budget with Democrats.

Wallner blasted Republicans for sneaking the provision into the budget without public input.

“These provisions never received a public hearing in either the House or Senate, in direct violation of the legislative process,” she said. “If Republican lawmakers are going to turn the budget process into a partisan debate over social issues, the least they can do is follow their own rules and be transparent about it.”

Budget writers began hammering out the details in the conference committee on Friday, with less than a week to submit a budget report by Thursday, so both legislative chambers can vote on the final version of the state budget by June 22. The current fiscal year will end on June 30.

The move to include the abortion provision signals that House GOP leadership is looking to work with conservative members, instead of Democrats, to get a budget passed. Several Democrats in the House have reportedly called the provision a “deal breaker” and if it’s included in the final version, they will vote against it.

The Senate, since it’s a smaller body of 24 members, is not as politically divided as the 400 legislators in the House. The House has several different caucuses, all wanting something different out of the state budget.

In April, the House failed to pass its version of a budget for the first time since records were kept in 1969. Members of the conservative House Freedom Caucus sided with Democrats to defeat the plan crafted by House GOP leadership citing that spending was too high and there weren’t enough tax cuts.

The Senate version included cuts to the state’s business profits tax and business enterprise tax. House Speaker Shawn Jasper took to Twitter to indicate his support for these cuts.

I support biz tax relief for NH job creators. I urge House colleagues to support our budget that will contain responsible cuts. #NHPolitics

— Speaker Shawn Jasper (@NHSpeaker) June 12, 2017

But the House Freedom Caucus and one of its members, Rep. Victoria Sullivan, R-Manchester, asked if those were the only tax cuts planning to be included in the final version.

Looking forward to more information. Are biz tax cuts the only cuts?

— Victoria Sullivan (@VSullivan4NH) June 12, 2017

With more, or other, tax cuts in the state budget, conservatives could be more inclined to support the GOP-led spending plan. Yet, if the abortion provision and no tax cuts are included in the final version before the House next week, there might not be a budget passed before the end of the fiscal year, which means lawmakers would need to pass a continuing resolution to fund the state government at its current levels and then come back to negotiate a budget again in the fall.

A lot could still happen in the final negotiation days.

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In a 10-hour marathon session, the Republican-led Senate approved an $11.8 billion state budget, defeating all Democratic attempts to increase spending in mental health, social services, and education. The budget ultimately passed on a 14-9 party line vote.

The spending plan changed very little from what the Senate Finance Committee put forward, but concerns and praise for the budget fell on party lines. Republicans applauded the money going to help the mental health crisis in the state, but Democrats disagree, saying the budget doesn’t fund critical social services.

Some of the budget’s highlights include expanding mental health treatment beds, creating a new student scholarship program, and cutting the state’s business taxes.

“What we’ve developed is a budget that serves the citizens of New Hampshire, but lives within our means,” said Senate Finance Committee Chairman Gary Daniels. “I believe we have achieved an appropriate balance between the two and we’ve done a lot to get us to this point.”

Democrats put forward more than two dozen amendments to increase funding for child protective services, adding nurses to New Hampshire Hospital, making Medicaid expansion permanent, funding full-day kindergarten, and increasing the budget for the state university system. They argue that the state can spend an additional $45 million since the budget’s revenue estimates are too low.

“It creates an artificial, trumped-up surplus to sell the biggest Republican ruse of all, that slashing taxes for the rich will grow revenues and improve lives for poor, middle-class people,” said Senate Minority Leader Jeff Woodburn.

“I recognize and respect my colleagues who think it’s not enough or some would suggest even never enough, but on the other hand, Mr. President, you know there are people like me who are always very concerned that maybe it’s always too much,” responded Sen. Andy Sanborn, R-Bedford.

On a few amendments, a couple of GOP senators sided with Democrats, but it was not enough for the measure to be adopted. For example, Republican Sens. Sanborn and Ruth Ward of Stoddard voted with Democrats to roll back proposed health care premium increases for state retirees, but it failed on a 12-11 vote. In another 12-11 vote, GOP Sens. Regina Birdsell of Hampstead and Harold French of Franklin voted with Democrats to add $6 million in additional education aid grants to public schools, but that measure also failed.

Heated debate between the two parties occurred, as expected, on the business tax cuts in the budget blueprint. An old debate flared up over abortion policy, though, when an eleventh-hour Republican amendment was introduced to block state and federal funds from going to centers that offer abortion services.

“This is about controlling women’s health choices, plain and simple, and this is about merging church and state,” said Sen. Martha Hennessy, D-Hanover.

Tensions remained high as Sen. Kevin Avard, R-Nashua, raised his voice in response to Hennessy.

“Forcing people to violate their conscience with their tax dollars, that is hateful,” he said. “I challenge anyone in here to tell me in any constitution where I am forced to pay for somebody’s abortion, show it to me.”

Hennessy said the amendment was an attack on her rights, while Republicans argue it’s just codifying what’s already happening.

“Could you imagine the men in this room if we snuck in some amendment about how the government shouldn’t pay for Viagra?” Hennessey said.

The amendment ultimately failed, 17-6. Democrats also tried unsuccessfully to eliminate a reference to the so-called Hyde Amendment that outlaws spending public dollars on abortions, in order to prevent any future cuts to Planned Parenthood.

With the Senate’s approval, the biennium budget is sent to the GOP-led House. Yet, there are some concerns from conservatives who are threatening to oppose the plan because it spends too much. The chamber is likely to call for a conference committee of senators and representatives to compromise on various issues within the budget, despite the House failing to pass their own plan earlier this year.

Red flags that House conservatives were not entirely pleased with the budget were first raised during a Tuesday budget information session.

“I’m opposed to this budget as it currently stands, and I am going to work to defeat it,” said Rep. James McConnell, R-North Swanzey, who is also a member of the House Freedom Caucus.

The House Freedom Caucus helped sink the chamber’s budget this year, making it the first time since at least 1969 that the House failed to produce a spending plan.

Yet, it’s still too early to tell if the caucus will try to defeat the Senate budget. In an interview with New Hampshire Public Radio, Rep. J.R. Hoell, R-Dunbarton, and co-chair of the House Freedom Caucus, said the Senate proposal is an improvement.

“They’ve made some great changes in terms of improvements — cutting the business taxes is a good example, funding the charter schools is another good example, so there are positive steps forward,” he said. “Some of us are still concerned that it spends more than we’re comfortable with and that’s…put us in a stalemate almost. The overall increase in government size is bigger than a number of us are conformable with.”

Hoell sent an email to caucus members after a meeting this week, saying the group is hopeful that their needs will be met in the conference committee.

Republicans only hold a slim majority in the House and a handful of defections could defeat the budget if Democrats also oppose it. They have largely criticized the GOP-budget, but some could side with Republicans out of fear of not getting anything passed.

The budget process needs to be over by June 30 before the start of the next fiscal year. If a budget is not passed by then, lawmakers would need to pass a continuing resolution, which would fund the government at its current levels until a full budget is passed.

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While House leadership said that bills restricting abortion rights would not be a priority for the Republican majority, there are still some bills before the New Hampshire Legislature tackling the contentious issue.

After the November election, House Speaker Shawn Jasper outlined his top priorities for the 2017 legislative session, which included concealed carry and right to work, but not any abortion bills.

However, that didn’t stop several state representatives from putting them forward. With a Republican-controlled State House, some bills that seek to restrict abortion rights could quietly make it far in the legislative process. While pro-life and pro-choice groups are paying attention to the issue, most eyes will be on the budget, right-to-work legislation, or other bills dealing with election laws.

Rep. Keith Murphy, R-Bedford, is hopeful his bill, which would ban abortions after “viability,” passes the House. He introduced a similar version of the bill last year, when it was deemed “ought to pass” in the House Judiciary Committee, but failed by three votes in a House session.

Murphy blamed the defeat on the fact that it was “the end of a long day and a lot of people already left.” He also thought some of the representatives did not fully understand the bill.

“I have vowed this year to be different,” he told NH Journal.

House Bill 578 would prohibit any person from performing or inducing an abortion on a woman when it has been determined that the age of the “unborn child” is 21 weeks or older, unless there is a medical emergency in order to save the woman’s life or stop physical harm. The bill also sets penalties for doctors who perform abortions in violation of the law.

New Hampshire is one of eight states that does not place a specific restriction on abortions at a certain point in pregnancy, according to the Guttmacher Institute, a research and policy organization focused on sexual and reproductive health.

“New Hampshire tends to be a fairly moderate state on the question of abortion,” Murphy said. “I think this bill has an excellent chance [of passing] because it protects children who are viable, who will live if they are removed from the womb. There is no reason to kill these children because they will survive.”

Kayla Montgomery, director of advocacy and organizing for Planned Parenthood NH Action Fund, said the bill would criminalize doctors and make “it impossible for women who face complex pregnancy complications or severe fetal abnormalities to access abortion as currently provided in New Hampshire.”

“Equally as problematic, the bill requires an intrusive data collection system which would create a registry of women who obtain abortions and doctors who provide them and store this information at the Board of Medicine and the Department of Health and Human Services,” she told NH Journal.

While Murphy understands that his legislation might not be a priority for the House leadership, he said he has spoken to House Majority Leader Dick Hinch about the bill and “Speaker Jasper has indicated in general that he will go where the House takes him.”

“I don’t think he is dictating the outcome of the bill,” he said. “If the House passes it, it will be supported.”

If enough Republicans rally behind the bill, it could make it to Gov. Chris Sununu’s desk, and Murphy said he is optimistic that the Republican governor would sign it.

Sununu describes himself as a pro-choice Republican and said he stands by his vote to approve of state funding for Planned Parenthood last year. But he also said he opposes late-term abortions. He has not been specific about what that means.

“We can generally say third trimester, but some say 20 weeks,” he told the New Hampshire Union Leader in October. “I think we can look at those options, but I am not going to put a timeline on it now.”

Planned Parenthood, though, is expecting Sununu to protect women’s health.

“We will be watching the budget process closely to ensure that women’s health programs are protected and fully funded,” Montgomery said. “Gov. Sununu campaigned as someone who supports abortion rights and pledged to stand up to his party to protect women’s health, and that’s what we are expecting of him. New Hampshire has a long bipartisan tradition of respecting individual privacy. Support for access to safe, legal abortion in New Hampshire is among the strongest in the country. Defeating attacks has always been accomplished by bipartisan efforts, and we expect no different this year.”

There are two near-identical bills in the House and Senate that would allow prosecution of a person, such as an impaired driver or abusive domestic partner, whose actions cause a woman to lose a pregnancy that she has chosen to carry. It does not apply to abortion or to any act performed with the mother’s consent.

Senate Bill 66 specifies a “viable” fetus, which is a “developing human” that has basic human qualities. House Bill 156 is just a fetus, which is defined as after the eighth week of a pregnancy until birth.

The House Bill is known as Griffin’s Law, which has been introduced in the Legislature before by former Rep. Leon Rideout, R-Lancaster, whose daughter lost her baby in 2013 after another driver ran a stop sign and crashed into her. His daughter suffered serious injuries and despite an emergency C section to keep the child alive, he succumbed to injuries from the crash.

Rep. Jeanine Notter, R-Merrimack, is the prime sponsor of Griffin’s Law in the current legislative session. But the future of the bill remains unclear. It has failed in the Legislature before, so it will remain to be seen if it has more widespread support this time. The House bill will hear public testimony in the House Criminal Justice and Public Safety Committee on Tuesday.

Montgomery said the House and Senate bills do not have a “direct impact on the health services that Planned Parenthood of Northern New England provides.”

“We do share concerns that have been raised regarding implications of recognizing fetal rights prior to viability,” she said. “There are examples of similar bills in other states which have led to the prosecution of women for their own behavior during pregnancy.”

Montgomery said Planned Parenthood would also be watching House Bill 589, which would repeal the “buffer zone law,” which was passed in 2014, allowing for a 25-foot zone outside abortion facilities where no one would be allowed to protest or impede anyone from entering the facility.

“Now, more than ever, health centers need the flexibility to adapt buffer zones if they feel the privacy and safety of patients are at risk,” Montgomery said. “Undoing this law would be a step backwards and removes an important tool from the toolkit.”

Sununu has indicated during the campaign that he would support repealing the law.

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