Committee moves bill adding milk‑expression (pumping) and private right of action to Freedom to Breastfeed Act

The House Judiciary Committee reported House Bill 5 26 after adopting an amendment that moves the Freedom to Breastfeed Act into Title 35 (Health) and explicitly adds “milk expression” (pumping) to the statutory protections, while creating a private right of action for violations.

Representative O’Meara, the bill sponsor, told the committee the change responds to mothers who lack explicit statutory clarity about pumping in public and who currently have limited options if they face discrimination. “This bill is doing 2 things. It is adding the definition of milk expression and creating a private right of action for any mom who is discriminated against when they are breastfeeding or pumping,” she said.

Counsel described amendment 00079 as a “gut‑replace” moving the statute into consolidated Title 35. Representative Borowicz questioned whether the amendment retained the pumping language; the sponsor confirmed it did. The committee adopted the amendment by roll call (14–12).

Opponents said they had not observed the problem personally and that affected businesses had requested more time for input. Representative Borowicz said she had not seen instances that required codifying the practice or creating a statutory private‑right remedy with civil penalties. Representative Klunk supported the sponsor’s intent but said he would vote no to allow additional stakeholder engagement; he indicated business groups had asked for a pause to discuss language and impacts.

Representative O’Meara noted stakeholders had received the proposed language weeks earlier and said she remained open to amendments on the floor. Counsel said the bill takes effect in 60 days. The committee then voted to report the bill as amended (roll call recorded as 14–12).