Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 369-S.F.No. 2751 
                  An act relating to employment; requiring an 
                  accommodation to certain nursing mothers; providing 
                  that breast feeding is excepted from the crime of 
                  indecent exposure; amending Minnesota Statutes 1996, 
                  section 617.23; proposing coding for new law in 
                  Minnesota Statutes, chapter 181. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [181.939] [NURSING MOTHER.] 
           An employer must provide reasonable unpaid break time each 
        day to an employee who needs to express breast milk for her 
        infant child.  The break time must, if possible, run 
        concurrently with any break time already provided to the 
        employee.  An employer is not required to provide break time 
        under this section if to do so would unduly disrupt the 
        operations of the employer. 
           The employer must make reasonable efforts to provide a room 
        or other location, in close proximity to the work area, other 
        than a toilet stall, where the employee can express her milk in 
        privacy.  The employer would be held harmless if reasonable 
        effort has been made. 
           For the purposes of this section, "employer" means a person 
        or entity that employs one or more employees and includes the 
        state and its political subdivisions. 
           Sec. 2.  Minnesota Statutes 1996, section 617.23, is 
        amended to read: 
           617.23 [INDECENT EXPOSURE; PENALTIES.] 
           (a) A person is guilty of a misdemeanor who in any public 
        place, or in any place where others are present:  
           (1) willfully and lewdly exposes the person's body, or the 
        private parts thereof; 
           (2) procures another to expose private parts; or 
           (3) engages in any open or gross lewdness or lascivious 
        behavior, or any public indecency other than behavior specified 
        in clause (1) or (2) or this clause. 
           (b) A person is guilty of a gross misdemeanor if: 
           (1) the person violates this section in the presence of a 
        minor under the age of 16; or 
           (2) the person violates this section after having been 
        previously convicted of violating this section, sections 609.342 
        to 609.3451, or a statute from another state in conformity with 
        any of those sections. 
           (c) A person is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both, if the person violates 
        paragraph (b), clause (1), after having been previously 
        convicted of or adjudicated delinquent for violating paragraph 
        (b), clause (1); section 609.3451, subdivision 1, clause (2); or 
        a statute from another state in conformity with paragraph (b), 
        clause (1), or section 609.3451, subdivision 1, clause (2). 
           (d) It is not a violation of this section for a woman to 
        breast feed. 
           Presented to the governor April 6, 1998 
           Signed by the governor April 9, 1998, 10:45 a.m.