Senate File 348 - IntroducedA Bill ForAn Act 1relating to minors present at drag shows, and providing
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  728.5A  Minors present at drag
2shows.
   31.  For purposes of this section, “drag show” means a
4performance in which all of the following apply:
   5a.  The main aspect of the performance is a performer
6who exhibits a gender identity that is different than the
7performer’s gender assigned at birth through the use of
8clothing, makeup, accessories, or other gender signifiers.
   9b.  The performer sings, lip-syncs, dances, reads, or
10otherwise performs before an audience for entertainment,
11whether or not performed for payment.
   122.  No minor shall be present at or view a drag show at a
13place of business.
   143.  A person over eighteen years of age who knowingly brings
15a minor to a drag show at a place of business shall be guilty
16of a simple misdemeanor.
   174.  A place of business that allows a minor to be present at
18or view a drag show hosted by the place of business shall be
19fined ten thousand dollars per minor for each violation of this
20section.
   215.  An owner, manager, or person who exercises direct control
22over a place of business who knowingly allows a minor to be
23present at or view a drag show hosted by the place of business
24shall be guilty of a serious misdemeanor.
   256.  No state agency or public entity that receives state
26funds shall use such funds to host a drag show. A state agency
27or public entity committing a violation of this section shall
28be fined ten thousand dollars per minor for each violation.
   297.  A parent or legal guardian of a minor may institute a
30civil action for damages in the amount of not less than ten
31thousand dollars and up to fifty thousand dollars for each
32violation of this section. A court shall award the prevailing
33party court costs and reasonable attorney fees.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
   2This bill relates to minors present at drag shows.
   3The bill provides that no minor shall be present at or view
4a drag show, defined in the bill, at a place of business. A
5person over 18 years of age who knowingly brings a minor to a
6drag show at a place of business shall be guilty of a simple
7misdemeanor, punishable by confinement for no more than 30
8days and a fine of at least $105 but not more than $855. A
9place of business that allows a minor to be present at or view
10a drag show hosted by the place of business shall be fined
11$10,000 per minor for each violation of the bill. An owner,
12manager, or person who exercises direct control over a place of
13business who knowingly allows a minor to be present at or view
14a drag show hosted by the place of business shall be guilty of a
15serious misdemeanor, punishable by confinement for no more than
16one year and a fine of at least $430 but not more than $2,560.
   17The bill provides that no state agency or public entity that
18receives state funds shall use such funds to host a drag show.
19A state agency or public entity committing a violation shall be
20fined $10,000 per minor for each violation.
   21The bill provides that a parent or legal guardian of a minor
22may institute a civil action for damages in the amount of not
23less than $10,000 and up to $50,000 for each violation of the
24bill, and shall be awarded court costs and reasonable attorney
25fees if the parent or legal guardian is the prevailing party.
   26For purposes of Code chapter 728 (obscenity), “place of
27business” is defined as the premises of a business required to
28obtain a sales or use tax permit pursuant to Code chapter 423,
29the premises of a nonprofit or not-for-profit organization, and
30the premises of an establishment which is open to the public
31at large or where entrance is limited by a cover charge or
32membership requirement; and “minor” is defined as any person
33under the age of 18.
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