CSSB 297(2D RLS): "An Act relating to breast-feeding."
00CS FOR SENATE BILL NO. 297(2d RLS) 01 "An Act relating to breast-feeding." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that 04 (1) the medical profession in the United States recommends that children from 05 birth to the age of one year should be breast-fed unless, under particular circumstances, it is 06 medically inadvisable; 07 (2) in addition to the benefit of improving bonding between mothers and their 08 babies, breast-feeding offers better nutrition, digestion, and immunity for babies than does 09 formula-feeding, and it may increase the intelligence quotient of a child; 10 (3) babies who are breast-fed have lower rates of death, meningitis, childhood 11 leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, 12 diarrheal diseases, otitis media, allergies, obesity, and developmental delays; and 13 (4) any promotion of family values should encourage public acceptance of this 14 most basic act of nurture between a mother and her baby, and a mother should not be made
01 to feel incriminated or socially ostracized for breast-feeding her child. 02 * Sec. 2. AS 01.10.060 is amended by adding a new subsection to read: 03 (b) In the laws of the state, "lewd conduct," "lewd touching," "immoral 04 conduct," "indecent conduct," and similar terms do not include the act of a woman 05 breast-feeding a child in a public or private location where the woman and child are 06 otherwise authorized to be. Nothing in this subsection may be construed to authorize 07 an act that is an offense under AS 11.61.123. 08 * Sec. 3. AS 29.10.200 is amended to read: 09 Sec. 29.10.200. Limitation of home rule powers. Only the following 10 provisions of this title apply to home rule municipalities as prohibitions on acting 11 otherwise than as provided. These provisions supersede existing and prohibit future 12 home rule enactments that provide otherwise: 13 (1) AS 29.05.140 (transition); 14 (2) AS 29.06.010 (change of municipal name); 15 (3) AS 29.06.040 - 29.06.060 (annexation and detachment); 16 (4) AS 29.06.090 - 29.06.170 (merger and consolidation); 17 (5) AS 29.06.190 - 29.06.420 (unification of municipalities); 18 (6) AS 29.06.450 - 29.06.530 (dissolution); 19 (7) AS 29.10.100 (charter amendment); 20 (8) AS 29.20.010 (conflict of interest); 21 (9) AS 29.20.020 (meetings public); 22 (10) AS 29.20.050 (legislative power); 23 (11) AS 29.20.060 - 29.20.120 (assembly composition and 24 apportionment); 25 (12) AS 29.20.140 (qualifications of members of governing bodies); 26 (13) AS 29.20.150 (term of office); 27 (14) AS 29.20.220 (executive power); 28 (15) AS 29.20.270(e) (ordinance veto by mayor); 29 (16) AS 29.20.630 (prohibited discrimination); 30 (17) AS 29.20.640 (reports); 31 (18) AS 29.25.010(a)(10) (municipal exemption on contractor bond
01 requirements); 02 (19) AS 29.25.050 (codification); 03 (20) AS 29.25.060 (resolutions); 04 (21) AS 29.25.080 (breast-feeding); 05 (22) AS 29.26.030 (notice of elections); 06 (23) [(22)] AS 29.26.050 (voter qualification); 07 (24) [(23)] AS 29.26.250 - 29.26.360 (recall); 08 (25) [(24)] AS 29.35.020 (extraterritorial jurisdiction); 09 (26) [(25)] AS 29.35.030 (eminent domain); 10 (27) [(26)] AS 29.35.050 (garbage and solid waste services); 11 (28) [(27)] AS 29.35.055 (local air quality control program); 12 (29) [(28)] AS 29.35.060 (franchises and permits); 13 (30) [(29)] AS 29.35.070 (public utilities); 14 (31) [(30)] AS 29.35.080 (alcoholic beverages); 15 (32) [(31)] AS 29.35.120 (post audit); 16 (33) [(32)] AS 29.35.131 (enhanced 911 system); 17 (34) [(33)] AS 29.35.145 (regulation of firearms); 18 (35) [(34)] AS 29.35.160 (education); 19 (36) [(35)] AS 29.35.170(b) (assessment and collection of taxes); 20 (37) [(36)] AS 29.35.180(b) (land use regulation); 21 (38) [(37)] AS 29.35.250 (cities inside boroughs); 22 (39) [(38)] AS 29.35.260 (cities outside boroughs); 23 (40) [(39)] AS 29.35.340 (acquisition of areawide power); 24 (41) [(40)] AS 29.35.500 - 29.35.590 (hazardous materials and wastes); 25 (42) [(41)] AS 29.40.160(a) - (c) (title to vacated areas); 26 (43) [(42)] AS 29.40.200 (subdivisions of state land); 27 (44) [(43)] AS 29.45.010 - 29.45.570 (property taxes); 28 (45) [(44)] AS 29.45.650(c), (d), (e), and (f) (sales and use tax); 29 (46) [(45)] AS 29.45.700(d) (sales and use tax); 30 (47) [(46)] AS 29.47.200(b) (security for bonds); 31 (48) [(47)] AS 29.47.260 (construction);
01 (49) [(48)] AS 29.47.470 (air carriers); 02 (50) [(49)] AS 29.60.050(a) (limitation on computation and use of 03 payment); 04 (51) [(50)] AS 29.60.120(a) and (c) (priority revenue sharing for health 05 facilities and hospitals); 06 (52) [(51)] AS 29.65 (general grant land); 07 (53) [(52)] AS 29.71.040 (procurement preference for state agricultural 08 and fisheries products); 09 (54) [(53)] AS 29.71.050 (procurement preference for recycled Alaska 10 products). 11 * Sec. 4. AS 29.25 is amended by adding a new section to read: 12 Sec. 29.25.080. Breast-feeding. A municipality may not enact an ordinance 13 that prohibits or restricts a woman breast-feeding a child in a public or private location 14 where the woman and child are otherwise authorized to be. In a municipal ordinance, 15 "lewd conduct," "lewd touching," "immoral conduct," "indecent conduct," and similar 16 terms do not include the act of a woman breast-feeding a child in a public or private 17 location where the woman and child are otherwise authorized to be. Nothing in this 18 section may be construed to authorize an act that is an offense under a municipal 19 ordinance that establishes an offense with elements substantially equivalent to the 20 elements of an offense under AS 11.61.123. This section is applicable to home rule 21 and general law municipalities. 22 * Sec. 5. AS 44.83.990(4) is amended to read: 23 (4) "person" includes a public agency in addition to the entities set out 24 in AS 01.10.060(a)(8) [AS 01.10.060(8)];