HSB 158 (LSB 1371YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON WHEELER)

A BILL FOR

An Act relating to minors present at drag shows, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  728.5A  Minors present at drag shows.
   1.  For purposes of this section, “drag show” means a performance in which all of the following apply:
   a.  The main aspect of the performance is a performer who exhibits a gender identity that is different than the performer’s gender assigned at birth through the use of clothing, makeup, accessories, or other gender signifiers.
   b.  The performer sings, lip-syncs, dances, reads, or otherwise performs before an audience for entertainment, whether or not performed for payment.
   2.  No minor shall be present at or view a drag show at a place of business.
   3.  A person over eighteen years of age who knowingly brings a minor to a drag show at a place of business shall be guilty of a class “D” felony.
   4.  A place of business that allows a minor to be present at or view a drag show hosted by the place of business shall be fined ten thousand dollars per minor for each violation of this section.
   5.  An owner, manager, or person who exercises direct control over a place of business who knowingly allows a minor to be present at or view a drag show hosted by the place of business shall be guilty of a class “D” felony.
   6.  No state agency or public entity that receives state funds shall use such funds to host a drag show. A state agency or public entity committing a violation of this section shall be fined ten thousand dollars per minor for each violation.
   7.  A parent or legal guardian of a minor may institute a civil action for damages in the amount of not less than ten thousand dollars and up to fifty thousand dollars for each violation of this section. A court shall award the prevailing party court costs and reasonable attorney fees.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to minors present at drag shows.
   The bill provides that no minor shall be present at or view a drag show, defined in the bill, at a place of business. A person over 18 years of age who knowingly brings a minor to a drag show at a place of business shall be guilty of a class “D” felony, punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A place of business that allows a minor to be present at or view a drag show hosted by the place of business shall be fined $10,000 per minor for each violation of the bill. An owner, manager, or person who exercises direct control over a place of business who knowingly allows a minor to be present at or view a drag show hosted by the place of business shall be guilty of a class “D” felony.
   The bill provides that no state agency or public entity that receives state funds shall use such funds to host a drag show. A state agency or public entity committing a violation shall be fined $10,000 per minor for each violation.
   The bill provides that a parent or legal guardian of a minor may institute a civil action for damages in the amount of not less than $10,000 and up to $50,000 for each violation of the bill, and shall be awarded court costs and reasonable attorney fees if the parent or legal guardian is the prevailing party.
   For purposes of Code chapter 728 (obscenity), “place of business” is defined as the premises of a business required to obtain a sales or use tax permit pursuant to Code chapter 423, the premises of a nonprofit or not-for-profit organization, and the premises of an establishment which is open to the public at large or where entrance is limited by a cover charge or membership requirement; and “minor” is defined as any person under the age of 18.