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The committee on Children & Families to whom was referred the petition (accompanied by bill, Senate, No. 75 ) relative to protecting the rights of nursing mothers, reported, recommending that the same ought to pass, with an amendment substituting a new draft entitled "An Act relative to breastfeeding" (Senate, No. 2369). Karen E. Spilka, |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
The general court finds that:
(a) breastfeeding is the best nutrition for infants and provides greater protection against infection and illness, and reduces hospital visits and infant mortality;
(b) nursing mothers receive greater protection against various cancers and have better physical and emotional health; and
(c) breastfeeding benefits families, employers and the economy of the commonwealth by helping to lower health care expenses.
SECTION 2. Chapter 111 of the General Laws is hereby amended by inserting after section 219, the following 2 sections:-
Section 220. (a) A mother may breastfeed her child in any public place, or place or establishment which is open to and accepts or solicits the patronage of the general public; and where the mother and her child may otherwise be there lawfully.
(b) The act of a mother breastfeeding her child in any public or private location shall not be construed as indecent exposure under section 53 of chapter 272.
(c) It shall be unlawful for any person to, intentionally and without lawful justification, intimidate or interfere with, or attempt to intimidate or interfere with, a mother breastfeeding her child.
(d) The attorney general may bring a civil action for injunctive or other equitable relief to protect any right granted under this section.
(e) Any aggrieved person whose rights under subsection (a) have been unlawfully violated by another person may bring a civil action against such other person for equitable relief including injunctive relief and for monetary damages. If an aggrieved person prevails in an action brought under this subsection, the court shall award the costs of litigation and reasonable attorney fees as determined by the court in addition to any other relief.
(f) A civil action commenced by the attorney general under subsection (d) or by an aggrieved person under subsection (e) shall be instituted in the superior court for the county where the conduct complained of occurred or in which the person whose conduct complained of resides or has a principal place of business.
(g) Notwithstanding subsection (a), a place of religious instruction or worship may disallow breastfeeding on any of its premises
SECTION 220½. The department shall provide educational information to the public on the health benefits of breastfeeding. All such information shall be compatible with the nutritional requirements to be provided by the department under section 1 of chapter 111I. The department shall post such information on its public internet site and may make the information available in written format, to local boards of health and to any state department, division or agency that administers a maternal or child health service or program, for public dissemination.