COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 4

(By Senators Foster, Kessler (Mr. President), Klempa and Wells)

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[Originating in the Committee on the Judiciary;

reported February 24, 2012.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child’s right to nurse; and authorizing a mother to breast feed a child in any location where the mother and child have a right to be.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-1-19, to read as follows:

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

§16-1-19. Child’s right to nurse; location where permitted; right              protected.

    (a) The Legislature finds that breast feeding is an important, basic act of nurturing that is protected in the interests of maternal and child health.

    (b) Notwithstanding any provision of this code to the contrary, a mother may breast feed a child in any location, public or private, where the mother and child are otherwise authorized to be.

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    (NOTE: This section is new; therefore, strike-throughs and underscoring have been omitted.)