Bill Text: NH SB219 | 2015 | Regular Session | Introduced
Bill Title: Relative to breastfeeding.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Engrossed - Dead) 2015-11-12 - Committee Report: Ought to Pass with Amendment #2015-2499h (NT) for Jan 6 (Vote 19-1; Consent Calendar); House Calendar 67, PG. 5 [SB219 Detail]
Download: New_Hampshire-2015-SB219-Introduced.html
SB 219-FN - AS INTRODUCED
2015 SESSION
01/09
SENATE BILL 219-FN
AN ACT relative to breastfeeding.
SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Kelly, Dist 10; Sen. Bradley, Dist 3; Sen. Lasky, Dist 13; Rep. Butler, Carr 7; Rep. Buco, Carr 2; Rep. Umberger, Carr 2
This bill requires employers to provide reasonable accommodations to women who are breastfeeding. The bill also exempts a nursing mother from jury duty upon her request.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0913
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to breastfeeding.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Breastfeeding. RSA 132:10-d is repealed and reenacted to read as follows:
132:10-d Breastfeeding.
I. Breastfeeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory. A mother may breastfeed her child in any location where she is authorized to be. No person or entity, including a governmental entity, shall, restrict, harass, or penalize a mother who is breastfeeding her child, require a mother, to leave the premises, or require a mother to move to a different location on the premises if the mother is otherwise authorized to be in her current location.
II. Upon the filing of a complaint, the attorney general may bring a civil action for equitable relief to restrain or prevent a violation. A civil action may be brought under this section by a mother subjected to a violation. In any such action, the court may award a civil penalty in an amount not to exceed $1,000, enter an order to restrain such unlawful conduct, award reasonable attorney fees, and award compensation for any damages arising from the violation.
2 New Section; Breastfeeding Employer Responsibilities; Fund; Advisory Council. Amend RSA 132 by inserting after section 10-d the following new section:
132:10-e Breastfeeding; Employer Responsibilities.
I. In this section:
(a) “Department” means the department of labor.
(b) “Express milk” means the act of extracting human milk which can include direct access to the nursing.
(c) “Employer” means an individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, governmental entity, and any common carrier who employs any person. Employer shall include any person acting in the interest of an employer directly or indirectly.
II. Employers shall allow employees adequate unpaid or paid break time to express milk while the mother is lactating. Employers shall allow mothers direct access to their babies where the worksite can safely accommodate this. If the workplace cannot safely accommodate this, then a mother and the employer shall work together to allow for leaving the workplace for the purpose of expressing milk by breastfeeding.
III. An employer shall make reasonable efforts to provide a sanitary room or other location, other than a bathroom or toilet stall, where an employee can express her milk in privacy, safely, and protected from weather. The lactation room shall have, either in the room or nearby, access to a sink, refrigerator or cooler, and an electrical outlet. The lactation room may be used for pumping, breastfeeding, and bottle feeding.
IV. The department may subject any person violating this section to a civil penalty of $1,000 for each offense. A civil action may also be brought under this paragraph by a mother subjected to a violation of this section. In any action brought the court may award actual damages in an amount not to exceed $1,000, enter an order to restrain such unlawful conduct, and award reasonable attorneys fees. The attorney general may also bring a civil action to enforce this section. Any moneys the department receives under this section shall be deposited in the breastfeeding awareness fund established in paragraph V. A violation of this section shall also constitute an unlawful discriminatory practice under RSA 354-A:7.
V. There is hereby established in the office of the state treasurer a fund to be known as the breastfeeding awareness fund. Such fund shall be the depository of all moneys received under RSA 132:10-e. All moneys in such fund shall be nonlapsing and continually appropriated to the department of labor for the purpose of promoting breastfeeding awareness in New Hampshire.
VI.(a) There is hereby established an advisory council on breastfeeding to review and oversee the implementation of this section. The advisory council shall be comprised of:
(1) One member of the house of representatives, appointed by the speaker of the house of representatives.
(2) One member of the senate, appointed by the senate president.
(3) The commissioner of the department of labor, or designee.
(4) The commissioner of the department of health and human services, or designee.
(5) A certified midwife, appointed by the midwifery council established in RSA 326-D:3.
(6) Two public members who have experience with breastfeeding, appointed by the governor.
(b) The advisory council shall review and oversee the implementation of the procedures established in this section. The council shall also examine best practices in New Hampshire, including but not limited to the Baby Friendly Hospital Initiative, Family and Sick Leave, Childcare Trainings on Breastfeeding, Milkbanks, and the World Health Organization’s International Code of Marketing of Breastmilk Substitutes.
(c) Legislative members shall receive mileage at the legislative rate while attending to the duties of the commission.
(d) The advisory council shall submit an interim report no later than November 1, 2015 and a final report of its activities, and findings together with any recommendations for proposed legislation, no later than December 1, 2016 to the speaker of the president of the senate, the house of representatives, the senate clerk, the house clerk, the governor, and the state library.
3 State Commission for Human Rights; Express Breast Milk in the Workplace. Amend RSA 354-A:7, VI(b) to read as follows:
(b) An employer shall permit a female employee to take leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth, or related medical conditions. When the employee is physically able to return to work, her original job or a comparable position shall be made available to her by the employer unless business necessity makes this impossible or unreasonable. An employer shall conform to the provisions of RSA 132:10-d and 132:10-e. An employer shall permit an employee paid or unpaid leave time for the purposes of the provisions of RSA 132:10-e.
4 New Section; Exemption From Jury Duty. Amend RSA 500-A by inserting after section 5 the following new section:
500-A:5-a Nursing Mothers; Exemption From Jury Duty. Any nursing mother shall, upon her request, be excused from jury duty.
5 New Subparagraph; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (326) the following new subparagraph:
(327) Moneys received under RSA 132:10-e, IV which shall be credited to the breastfeeding awareness fund, established in 132:10-b, V.
6 Repeal. RSA 132:10-e, VI, relative to an advisory council on breastfeeding, is repealed.
7 Effective Date.
I. Section 6 of this act shall take effect November 1, 2016.
II. The remainder of this act shall take effect upon its passage.
LBAO
15-0913
01/30/15
SB 219-FN - FISCAL NOTE
AN ACT relative to breastfeeding.
FISCAL IMPACT:
The Judicial Branch, Department of Justice, and Department of Labor state this bill, as introduced, may increase state, county and local expenditures, and state restricted revenue by an indeterminable amount in FY 2015 and each year thereafter. There will be no impact on county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill requires employers to provide reasonable accommodations to women who are breastfeeding. In addition, the bill provides for an automatic exemption from jury duty at the request of breastfeeding women. The bill may have a fiscal impact on the Branch in the following two ways: (1) proposed RSA 132:10-d,II and RSA 132:10-e, IV provide for an action by the attorney general for equitable relief to restrain or prevent a violation; and (2) RSA 132:10-e, IV provides that a violation of RSA 132-10-e would also constitute an unlawful discriminatory practice under RSA 354-A:7. Both of these types of actions would be classified as a complex equity case in the superior court. The Branch has no information on how many actions would be filed but does have information on the cost to process a complex equity case in the superior court. It should be noted average case cost estimates for FY 2016 and FY 2017 are based on data that is more than nine years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. The cost to process a complex equity case in FY 2016 is $699 and in FY 2017 is $712. The possibility for a case to be appealed may also increase costs. Additionally, any appeals that may come from decisions of the Human Rights Commission could increase costs.
The Department of Justice states this bill authorizes the attorney general to bring civil action to restrain or prevent a violation. The bill would also require employers to provide reasonable accommodations to women who are breastfeeding. The Department would be authorized to bring civil action to accommodate this provision. The Department assumes that because this issue is substantial enough to generate legislation there would be a sufficient number of complaints. The Department does not have the personnel necessary to complete the necessary investigations and conduct the civil litigation that may be associated with this bill. The Department assumes they would need to hire a paralegal I and Assistant Attorney General to manage the workload anticipated by this bill. The Department assumes the additional personnel would be hired July 1, 2015. The Department estimates the paralegal I salary and benefits to be $60,000 in FY 2016, $60,000 in FY 2017, $63,000 in FY 2018 and $66,000 in FY 2019. The assistant attorney general salary and benefits is estimated to be $102,000 in FY 2016, $104,000 in FY 2017, $105,000 in FY 2018 and $106,000 in FY 2019.
The Department of Labor states it already has inspections in place so there would be no new expenses associated with this. The Department is unsure if the administration and promoting of the breastfeeding awareness fund will require additional personnel in order to determine if it will impact the Department’s expenditures. The Department has no information to determine how much revenue might be generated by civil penalties resulting from violations of RSA 132:10-e to determine the increase in state restricted revenue to the fund. The Department does not have information on whether every employer has a lactation room available or any costs associated with establishing a lactation room. For these reasons, the Department states the bill’s fiscal impact is indeterminable.
The New Hampshire Commission for Human Rights states the bill is unlikely to have a fiscal impact. The Commission states the bill is unlikely to add significant workload to its existing cases. The Commission states for the period of federal fiscal year 2012 to present there have been only two employment based charges taken related to breastfeeding or pumping breast milk in the workplace.
