MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Public Health and Human Services; Appropriations

By: Representative Espy

House Bill 756

AN ACT TO AMEND SECTION 17-25-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO IMPOSE FINES ON THE OWNER, MANAGER OR OTHER PERSON HAVING CONTROL OF THE PREMISES WHERE THERE IS A VIOLATION OF A MOTHER'S RIGHT TO BREAST FEED HER CHILD, AFTER FIRST PROVIDING THE PERSON WITH WRITTEN NOTIFICATION OF THE INITIAL COMPLAINT OF A VIOLATION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 17-25-9, Mississippi Code of 1972, is amended as follows:

     17-25-9.  (1)  A mother may breast-feed her child in any location, public or private, where the mother is otherwise authorized to be, without respect to whether the mother's breast or any part of it is covered during or incidental to the breast-feeding.

     (2)  Upon written complaint to the State Department of Health that a violation of subsection (1) of this section has occurred, the department, by written notification, shall advise the owner, manager or other person having control of the premises of the initial complaint and penalties for further complaints.  If an owner, manager or other person having control of the premises who has received such notice knowingly fails or refuses to comply with the provisions of subsection (1) of this section, the owner, manager or other person is subject to a fine not to exceed Twenty-five Dollars ($25.00) for the first violation after initial notification, a fine not to exceed One Hundred Twenty-five Dollars ($125.00) for the second violation, and a fine not to exceed Two Hundred Fifty Dollars ($250.00) for the third and each later violation.  The department shall levy and collect the fines imposed under this subsection.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.