2023 Senate Bill 351 / 2024 Public Act 130

Civil rights: other; public breastfeeding antidiscrimination act; expand to protect public expression of human milk.

An act to amend 2014 PA 197, entitled “An act to prohibit discriminatory practices, policies, and customs in the exercise of the right to breastfeed; to provide for enforcement of the right to breastfeed; and to provide remedies,” by amending the title and section 2 (MCL 37.232).

Senate Fiscal Agency Analysis

The bill would amend the Breastfeeding Antidiscrimination Act to prohibit discrimination in places of public accommodation or public service against an individual because the individual was expressing human milk. Generally, the Breastfeeding Antidiscrimination Act prohibits discriminatory practices, policies, and customs against an individual who breastfeeds. The Act prohibits a person with control over a public accommodation or public service from doing any of the following: -- Denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service to a woman because she is breastfeeding a child. -- Print, circulate, post, mail, or otherwise cause to be published a statement, advertisement, notice, or sign that indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service will be refused, withheld from, or denied a woman because she is breastfeeding a child, or that a woman's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable because she is breastfeeding a child. The bill would prohibit a person from discriminating as described above against an individual because the individual was expressing human milk.

Introduced in the Senate

May 23, 2023

Introduced by Sen. Jeff Irwin (D-15) and 9 co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Mary Cavanagh (D-6), Joseph Bellino (R-16), Rosemary Bayer (D-13), Stephanie Chang (D-3), Mallory McMorrow (D-8), Sylvia Santana (D-2), Sue Shink (D-14) and Sarah Anthony (D-21)

Referred to the Committee on Health Policy

Oct. 11, 2023

Reported without amendment

Oct. 12, 2023

Referred to the Committee of the Whole

Oct. 17, 2023

Reported without amendment

Oct. 18, 2023

Amendment offered by Sen. Michele Hoitenga (R-36)

1. Amend page 2, line 7, after “to” by striking out “an individual” and inserting “a woman”.

2. Amend page 2, line 8, after “because” by striking out “the individual” and inserting “she”.

3. Amend page 2, line 16, after “denied” by striking out “an individual” and inserting “a woman”.

4. Amend page 2, line 16, after “because” by striking out “the individual” and inserting “she”.

5. Amend page 2, line 18, after “That” by striking out “an individual’s” and inserting “a woman’s”.

6. Amend page 2, line 20, after “because” by striking out “the individual” and inserting “she”.

The amendment failed 18 to 20 (details)

Passed in the Senate 26 to 12 (details)

Received in the House

Oct. 18, 2023

Referred to the Committee on Judiciary

May 22, 2024

Reported without amendment

Sept. 25, 2024

Substitute H-1 offered by Rep. Gina Johnsen (R-78)

The substitute failed by voice vote

Passed in the House 83 to 26 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Sept. 26, 2024

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Oct. 8, 2024