By GARRY RAYNO, InDepthNH.org

CONCORD — The House Thursday decided to approve a long sought exemption for fatal fetal diagnoses to the 24-week abortion ban law passed last year.

House Bill 1609 as amended also clarifies that an ultrasound is only required before abortions when the gestational age of the fetus is believed to be 24-weeks or more, not for all abortion care as originally approved.

The amendment language leaves intact criminal penalties for medical providers who perform abortions after the 24-week period and did not add exceptions for rape or incest as originally proposed.

Rep. Jess Edwards, R-Auburn, said he enthusiastically supported the ban last year, but since then he has heard stories and situations that require an exemption.

Under the current law the state would be saying no to a mother and her physician when they ought to be making that decision themselves, he said.

“That is the kind of Solomon’s choice the government ought not to make,” Edwards said. “We need to trust the process. I don’t think we should be in the exam room when they are making that decision.”

While the changes solicited bipartisan support, it still drew opposition from anti-abortion members.

Rep. Kurt Wuelper, R-Strafford, said a fatal fetal abnormality is a self-fulfilling prophecy.

“A baby is not a diagnosis,” he said, “and who makes it anyway, it is a medical professional.”

What does it mean, the baby will not survive for five minutes, five hours, or five years, Wuelper asked.

“These are doors we are opening,” he said, “we are opening the doors to killing children.”

After the vote, Rep. Mary Jane Wallner, D-Concord, said the bill addresses a horrific situation that nobody would ever want to face – learning that your fetus has life-threatening abnormalities.

“This arbitrary restriction on the patient-doctor relationship and on the rights of individuals is cruel and unacceptable,” Wallner said. “While HB 1609 does not fully repeal Sununu’s abortion ban, it takes a significant step toward respecting the rights and privacy of pregnant people in New Hampshire.”

Kayla Montgomery of Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund, said advocates, patients, and medical providers have sounded the alarm since the ban passed last year and the House has listened.

“New Hampshire’s abortion ban should be struck in its entirety, but this is a positive moment,” she said. “In response to unprecedented state level attacks on abortion access and in the face of an unpopular national shift in abortion rights, Granite Staters are standing up and standing together to say no more.”

The bill was approved on a 231-114 vote and now goes to the Senate.

New Garage

The House also approved a bill that would use $35 million in state surplus funds to construct a new legislative parking garage near the State House.

Under House Bill 1661, the current legislative parking garage on Storrs Street would be demolished as would the former New Hampshire Savings Bank building, which houses the Attorney General’s Office.

The garage would be built where the Attorney General’s Office is now, and the agency would move to an unnamed facility in Concord.

The Storrs Street garage has constantly been rehabilitated but supporters of the plan say its life expectancy is nearing its end.

Opponents said there were not enough details to make a good decision, and they were asked to make a decision before it could be properly vetted through the usual capital project process involving the House Public Works Committee.

Rep. Louise Andrus, R-Salisbury, said she has asked for details on how the $35 million will be spent but has not received that information.

“I need this kind of information to make a determination,” she said. “A new garage needs to be built, but not here and not now.”

There are too many unanswered questions, she said, noting the state just spent $2 million on rehabilitating the garage.

Rep. Kate Murray, D-New Castle, said a new parking garage has been needed for some time, noting the Storrs Street facility could face the same fate as the one in Boston that collapsed last weekend killing a worker.

“We have always kicked the can down the road,” Murray said, “today we have reached the end of the road and need to take action now.”

Using surplus state money, the new garage will not affect the capital project process, she said, or impact the state’s bond rating.

The garage was approved on a 271-65 vote.

Garry Rayno may be reached at garry.rayno@yahoo.com.