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HB 1313-FN - AS INTRODUCED
2026 SESSION
26-2902
12/09
HOUSE BILL
1313-FN
AN ACT
repealing buffer zones for reproductive health care facilities.
SPONSORS: Rep. Aures, Merr. 13; Rep. Belcher, Carr. 4; Rep. Granger, Straf. 2; Rep. Thibault, Merr. 25; Rep. Wood, Merr. 13
COMMITTEE: Judiciary
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ANALYSIS
This bill repeals the prohibition on entering or remaining on a public way or sidewalk adjacent to a reproductive health care facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2902
12/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT
repealing buffer zones for reproductive health care facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as "The Sidewalk Free Speech Act."
2 Findings and Purpose. The general court finds that:
I. The exercise of a person’s right to free speech is a first amendment activity, and one which the New Hampshire Bill of Rights is especially zealous in protecting. N.H. const. part 1 art. 22 (stating that “Free speech… ought… to be inviolably preserved.”) The right to free speech protects viewpoints which are controversial, unpopular, and offensive or otherwise inconvenient.
II. RSA 132:37 through RSA 132:40 would infringe upon free speech.
III. The United States Supreme Court has observed that “‘one-on-one communication’ is ‘the most effective, fundamental, and perhaps economical avenue of political discourse.’… ‘handing out leaflets in the advocacy of a politically controversial viewpoint... is the essence of First Amendment expression’; ‘[n]o form of speech is entitled to greater constitutional protection.’… When the government makes it more difficult to engage in these modes of communication, it imposes an especially significant First Amendment burden.”
McCullen v. Coakley
, 573 U.S. 464, 488-489 (2014) (citing
Meyer v. Grant
, 486 U.S. 414, 424, (1988);
McIntyre v. Ohio Elections Comm’n
, 514 U.S. 334, 347 (1995)).
IV. RSA 132:37 through RSA 132:40, if ever implemented through the demarcation of a buffer zone, would be subject to immediate constitutional challenge.
Reddy v. Foster
, (stating that plaintiffs will have standing to challenge the constitutionality of the law once an abortion clinic “demarcate[s] a zone.”)
V. If subject to constitutional challenge, RSA 132:37 through RSA 132:40 is likely to be, and ought to be, struck down under either the federal or state Bills of Rights.
McCullen v. Coakley
, 573 U.S. 464 (2014) (correctly invalidating Massachusetts buffer zones under the First Amendment).
VI. RSA 132:37 through RSA 132:40 has served no public purpose.
3 Repeal. RSA 132:37 through 132:40, relative to access to reproductive health care facilities, are repealed.
4 Effective Date. This act shall take effect upon its passage.
LBA
26-2902
10/30/25
HB 1313-FN- FISCAL NOTE
AS INTRODUCED
AN ACT
repealing buffer zones for reproductive health care facilities.
FISCAL IMPACT:
Estimated State Impact
FY 2026
FY 2027
FY 2028
FY 2029
Revenue
$0
$0
$0
$0
Revenue Fund
None
Expenditures*
Indeterminable
Funding Source
General Fund
Appropriations*
$0
$0
$0
$0
Funding Source
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2026
FY 2027
FY 2028
FY 2029
County Revenue
$0
$0
$0
$0
County Expenditures
Indeterminable
Local Revenue
$0
$0
$0
$0
Local Expenditures
Indeterminable
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at:
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association