§1 - Note to §§2,3

§§2,3 -

C.26:4B-4 and

26:4B-5

P.L. 1997, CHAPTER 101, approved May 19, 1997

Senate Substitute (First Reprint) for

Senate, No. 1212 and Assembly, No. 548

An Act concerning breast feeding ¹[,] and¹ supplementing Title 26 of the Revised Statutes ¹[and amending N.J.S.2B:20-10]¹.

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1. The Legislature finds and declares that: the Surgeon General of the United States recommends that babies from birth to one year of age should be breast fed, unless medically contraindicated, in order to achieve a healthy start on life; breast milk strengthens the immune system of babies, improves digestion and is of better nutritional value than regular milk; other benefits include the establishment of a strong mother-baby bond and a potential increase in a baby's IQ level; despite the Surgeon General's recommendation, statistics reveal a declining number of women are choosing to breast feed their children, and nearly half of all new mothers are now choosing formula over breast milk even before they leave the hospital; the social constraints of modern society impede a woman's choice to breast feed due to embarrassment, fear of criminal prosecution and the lack of public acceptance; therefore, it is in the best interest of the State to recognize breast feeding in places of public accommodation as an important right which must be encouraged in order to promote child health.

      2. Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a place of

public accommodation, resort or amusement wherein the mother is otherwise permitted.

      3. a. The ¹[State Department of Health and Senior Services or the]¹ local board of health or such board, body or officers exercising the functions of the local board of health according to law, upon written complaint and having reason to suspect a violation of this act has occurred shall, by written notification, advise the owner, manager or other person having control of the public accommodation, resort or amusement of the initial complaint and of the penalties for any subsequent complaints. Thereupon, any owner, manager or other person having control of the public accommodation, resort or amusement receiving such notice who knowingly fails or refuses to comply with the provisions of this act is subject to a fine not to exceed $25.00 for the first offense following initial notification and not to exceed $100.00 for the second offense and not to exceed $200.00 for each offense thereafter. ¹When there exists no local board of health or such board, body or officers having the authority to exercise the functions of the local board of health according to law in the municipality in which a violation of this act has allegedly occurred, the State Department of Health and Senior Services shall exercise the functions of the local boards of health for purposes of this act.¹

      b. Any penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.

      c. Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "the penalty enforcement law," N.J.S.2A:58-1 et seq. Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health and Senior Services, or the local board of health, as the case may be, as plaintiff.

      ¹[4. N.J.S.2B:20-10 is amended to read as follows:

      2B:20-10. Grounds for excuse from jury service.

      An excuse from jury service shall be granted only if:

      a. The prospective juror is 75 years of age or older;

      b. The prospective juror has served as a juror within the last three years in the county to which the juror is being summoned;

      c. Jury service will impose a severe hardship due to circumstances which are not likely to change within the following year. Severe hardship includes the following circumstances:

      (1) The prospective juror has a medical inability to serve which is verified by a licensed physician.

      (2) The prospective juror will suffer a severe financial hardship which will compromise the juror's ability to support himself, herself, or dependents. In determining whether to excuse the prospective juror, the Assignment Judge shall consider:

      (a) the sources of the prospective juror's household income; and

      (b) the availability and extent of income reimbursement; and

      (c) the expected length of service.

      (3) The prospective juror has a personal obligation to care for another, including a sick, aged or infirm dependent or a minor child, who requires the prospective juror's personal care and attention, and no alternative care is available without severe financial hardship on the prospective juror or the person requiring care.

      (4) The prospective juror provides highly specialized technical health care services for which replacement cannot reasonably be obtained.

      (5) The prospective juror is a health care worker directly involved in the care of a mentally or physically handicapped person, and the prospective juror's continued presence is essential to the regular and personal treatment of that person.

      (6) The prospective juror is a member of the full-time instructional staff of a grammar school or high school, the scheduled jury service is during the school term, and a replacement cannot reasonably be obtained. In determining whether to excuse the prospective juror or grant a deferral of service, the Assignment Judge shall consider:

      (a) the impact on the school considering the number and function of teachers called for jury service during the current academic year; and

      (b) the special role of certified special education teachers in providing continuity of instruction to handicapped students;

      d. The prospective juror is a member of a volunteer fire department or fire patrol; [or]

      e. The prospective juror is a volunteer member of a first aid or rescue squad; or

      f. The prospective juror is a mother who is breast feeding her baby.

(cf: P.L.1995,c.44,s.1)]¹

      ¹[5.] 4.¹ This act shall take effect immediately.

Permits mothers to breast feed babies in public places; provides for fines.