Legislative Analysis
Phone: (517) 373-8080
PROHIBIT DISCRIMINATION BASED ON
http://www.house.mi.gov/hfa
EXPRESSING HUMAN MILK
Analysis available at
Senate Bill 351 as passed by the Senate http://www.legislature.mi.gov
Sponsor: Sen. Jeff Irwin
House Committee: Judiciary
Senate Committee: Health Policy
Complete to 5-13-24
SUMMARY:
Senate Bill 351 would amend the Breastfeeding Antidiscrimination Act to provide the same
protections from discrimination and remedies to an individual who is publicly expressing
human milk as are currently provided to an individual who is publicly breastfeeding a child.
Under the bill, a person with control over a public service or a place of public accommodation
could not do either of the following (unless specifically allowed by state or federal law):
• Deny to an individual the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, or accommodations of the service or place of accommodation
because the individual is expressing human milk.
• Print, circulate, post, mail, or cause to be published a statement, advertisement, notice,
or sign that indicates either of the following:
o That the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of a public service or a place of public
accommodation will be refused an individual, withheld from them, or denied
them because they are expressing human milk.
o That an individual’s patronage of or presence at a place of public
accommodation is objectionable, unwelcome, unacceptable, or undesirable
because they are expressing human milk.
Public service means a public facility, department, agency, board, or commission
owned, operated, or managed by or on behalf of the state or a subdivision of the state;
by a county, city, village, township, or independent or regional district in Michigan; or
by a tax-exempt private agency established to provide service to the public. However,
with respect to actions or decisions regarding an individual serving a sentence of
imprisonment, public service does not include a state or county correctional facility.
Place of public accommodation means a business, an educational institution, or a
refreshment, entertainment, recreation, health, or transportation facility of any kind,
whether licensed or not, whose goods, services, facilities, privileges, advantages, or
accommodations are extended, offered, sold, or otherwise made available to the public.
A person alleging a violation of the act may bring a civil action for appropriate injunctive relief,
for actual or presumed damages of $200, or for both injunctive relief and actual or presumed
damages. In addition, the court can award all or a portion of the costs of litigation, including
reasonable attorney fees and witness fees, to the complainant in the action.
MCL 37.232
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
The bill would have no fiscal impact on the state or local units of government.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SB 351 as passed by the Senate Page 2 of 2


Statutes affected:
Senate Introduced Bill: 37.232
As Passed by the Senate: 37.232