Senate File 348 - Introduced SENATE FILE 348 BY SALMON A BILL FOR An Act relating to minors present at drag shows, and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2039XS (7) 90 as/rh

S.F. 348 Section 1. NEW SECTION . 728.5A Minors present at drag 1 shows. 2 1. For purposes of this section, “drag show” means a 3 performance in which all of the following apply: 4 a. The main aspect of the performance is a performer 5 who exhibits a gender identity that is different than the 6 performer’s gender assigned at birth through the use of 7 clothing, makeup, accessories, or other gender signifiers. 8 b. The performer sings, lip-syncs, dances, reads, or 9 otherwise performs before an audience for entertainment, 10 whether or not performed for payment. 11 2. No minor shall be present at or view a drag show at a 12 place of business. 13 3. A person over eighteen years of age who knowingly brings 14 a minor to a drag show at a place of business shall be guilty 15 of a simple misdemeanor. 16 4. A place of business that allows a minor to be present at 17 or view a drag show hosted by the place of business shall be 18 fined ten thousand dollars per minor for each violation of this 19 section. 20 5. An owner, manager, or person who exercises direct control 21 over a place of business who knowingly allows a minor to be 22 present at or view a drag show hosted by the place of business 23 shall be guilty of a serious misdemeanor. 24 6. No state agency or public entity that receives state 25 funds shall use such funds to host a drag show. A state agency 26 or public entity committing a violation of this section shall 27 be fined ten thousand dollars per minor for each violation. 28 7. A parent or legal guardian of a minor may institute a 29 civil action for damages in the amount of not less than ten 30 thousand dollars and up to fifty thousand dollars for each 31 violation of this section. A court shall award the prevailing 32 party court costs and reasonable attorney fees. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 2039XS (7) 90 as/rh 1/ 2

S.F. 348 the explanation’s substance by the members of the general assembly. 1 This bill relates to minors present at drag shows. 2 The bill provides that no minor shall be present at or view 3 a drag show, defined in the bill, at a place of business. A 4 person over 18 years of age who knowingly brings a minor to a 5 drag show at a place of business shall be guilty of a simple 6 misdemeanor, punishable by confinement for no more than 30 7 days and a fine of at least $105 but not more than $855. A 8 place of business that allows a minor to be present at or view 9 a drag show hosted by the place of business shall be fined 10 $10,000 per minor for each violation of the bill. An owner, 11 manager, or person who exercises direct control over a place of 12 business who knowingly allows a minor to be present at or view 13 a drag show hosted by the place of business shall be guilty of a 14 serious misdemeanor, punishable by confinement for no more than 15 one year and a fine of at least $430 but not more than $2,560. 16 The bill provides that no state agency or public entity that 17 receives state funds shall use such funds to host a drag show. 18 A state agency or public entity committing a violation shall be 19 fined $10,000 per minor for each violation. 20 The bill provides that a parent or legal guardian of a minor 21 may institute a civil action for damages in the amount of not 22 less than $10,000 and up to $50,000 for each violation of the 23 bill, and shall be awarded court costs and reasonable attorney 24 fees if the parent or legal guardian is the prevailing party. 25 For purposes of Code chapter 728 (obscenity), “place of 26 business” is defined as the premises of a business required to 27 obtain a sales or use tax permit pursuant to Code chapter 423, 28 the premises of a nonprofit or not-for-profit organization, and 29 the premises of an establishment which is open to the public 30 at large or where entrance is limited by a cover charge or 31 membership requirement; and “minor” is defined as any person 32 under the age of 18. 33 -2- LSB 2039XS (7) 90 as/rh 2/ 2