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The Wisconsin State Senate passed AB 57, “The Right to Breastfeed Act” on Tuesday afternoon, February 16, 2010.

The Senate session was scheduled to begin at 11 AM, but they immediately recessed until 12:30 PM. AB 57 was #12 on the agenda. It came up at a little after 1 PM. Without any discussion or changes, it was read, voted on, and passed (by voice vote) in about 30 seconds. From up in the visitor’s gallery I didn’t hear any “nay” votes. So without much fanfare, and with none of the objections raised by some legislators earlier, following many years of effort, this historic bill was finally passed.

A group of mothers, babies and toddlers from La Leche League in Appleton/Neenah had come down by bus and van to witness this event. They had to entertain the little ones for over two hours, but they managed to do it. There were also some doulas in attendance.

Here is the exact wording of the bill that now goes to Governor Doyle for his signature:

253.16 Right to breast-feed. A mother may breast-feed her child in any public or private location where the mother and child are otherwise authorized to be. In such a location, no person may prohibit a mother from breast-feeding her child, direct a mother to move to another location to breast-feed her child, direct a mother to cover her child or breast while breast-feeding, or otherwise restrict a mother from breast-feeding.

A person who interferes with that right is subject to a forfeiture not to exceed $200 under the general penalty provision under current law.

Representative Sandy Pasch, who actively guided this legislation through the Wisconsin legislature, issued the following press release:

From: Rep.Pasch
Sent: Tuesday, February 16, 2010 3:08 PM
Subject: FOR IMMEDIATE RELEASE: Rep. Pasch Applauds Senate Passage of Breastfeeding Legislation

For Immediate Release
February 16, 2010

Contact:
Sandy Pasch
608.266.7671

Rep. Pasch Applauds Senate Passage of Breastfeeding Legislation

Legislation will protect breastfeeding mothers from intimidation and harassment, facilitate improved health of infants and mothers

MADISON—Representative Sandy Pasch (D-Whitefish Bay) applauded the Senate passage of Assembly Bill 57—otherwise known at the Right to Breastfeed Act—with broad support on Tuesday. Rep. Pasch introduced this legislation which will allow a woman to breastfeed in any public or private place, where she and her child are otherwise authorized to be, without interference.

“The reality that such a bill is necessary is unfortunate, but mothers across the state continue to encounter harassment while breastfeeding their children,” said Rep. Pasch, the lead Assembly author of the bill. “Senator Fred Risser has demonstrated tremendous leadership as the Senate author of this legislation, and I thank the Senate for their support of this legislation which protects breastfeeding mothers from intimidation and harassment while helping facilitate improved health of infants and mothers alike.”

Healthy People 2010, a program coordinated through the U.S. Department of Health and Human Services, has a goal of increasing the number of women who breastfeed at birth to 75%, and at six months of age to 50%. Wisconsin has a long way to go to reach those goals—just 62% of Wisconsin mothers breastfeed at birth, and only 22% continue for five to six months.

“Breastfeeding provides the most complete form of nutrition for infants and has been shown to decrease rates of pre-menopausal breast cancer, ovarian cancer, type 2 diabetes, and osteoporosis in mothers,” noted Rep. Pasch, a nurse for over 30 years. “The evidence behind the health benefits of breastfeeding is overwhelming, so we must do all we can to encourage mothers to engage in this behavior.”

According to the Center for Urban Population Health, the number of infants who die within their first year of life in Milwaukee is higher than the city’s number of homicides. Further, African American babies are at the same risk of dying as babies born in Albania, Sri Lanka, and Thailand in some parts of the city. The Wisconsin Partnership Program also notes that Wisconsin’s rank for African American infant mortality has fallen from among the best in the country to third worst.

“It is well-documented that breastfeeding reduces infant mortality rates, so I hope this legislation will help facilitate efforts to combat these tragic and preventable deaths,” said Rep. Pasch. “43 other states have passed laws with language that specifically allows a woman to breastfeed in any public or private location, and Wisconsin is now one step closer to finally joining these ranks. We must not interfere with this natural act and indeed, we must promote it—for the health of the child, the mother, and our state.”

Assembly Bill 57 has passed through both houses of the Legislature and now heads to Governor Doyle’s desk for his signature.

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I want to correct some figures in the above press release about Wisconsin breastfeeding rates:

It said,
“Healthy People 2010, a program coordinated through the U.S. Department of Health and Human Services, has a goal of increasing the number of women who breastfeed at birth to 75%, and at six months of age to 50%. Wisconsin has a long way to go to reach those goals – just 62% of Wisconsin mothers breastfeed at birth, and only 22% continue for five to six months.”

Actually, Wisconsin is doing better than that in the most recent assessment. The correct rates, as of last August’s CDC report, are: The “ever breastfed” number (“breastfed at birth”) is now 75.5% in the 2009 report (citing figures from 2006) and 48.6% are breastfeeding at 6 months (in the 2009 report of the statistics from 2006). These figures come from the National Immunization Survey (NIS), 2005 & 2006, CDC. To see the report, visit http://www.cdc.gov/breastfeeding/data/NIS_data/index.htm

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We can all celebrate this achievement. I will try to find out when the governor will be signing the bill. Perhaps we will be able to gather interested mothers, babies and breastfeeding advocates to attend the signing, as was possible back on March 22, 1996, when then Governor Tommy Thompson signed Assembly Bill 154 into law, exempting breastfeeding in Wisconsin from classification as an act of lewd behavior or sexual gratification in public places. Now we have a much stronger law to protect the rights of babies to be fed and nurtured whenever and wherever they need.

Anne Altshuler, RN, MS, IBCLC
dsulman@wisc.edu