Text of AR SB 43 (2023)

To Add Certain Restrictions To An Adult-oriented Performance; And To Define An Adult-oriented Performance.

Back to the bill page

Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.

Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)

As introduced

2,977 characters

Open the printed bill (PDF)

Stricken language would be deleted from and underlined language would be added to present law. *JMB093* 1/5/2023 12:34:22 PM JMB093 State of Arkansas 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 43 3 4 By: Senator G. Stubblefield 5 By: Representative Bentley 6 7 For An Act To Be Entitled 8 AN ACT TO CLASSIFY A DRAG PERFORMANCE AS AN ADULT- 9 ORIENTED BUSINESS; TO ADD ADDITIONAL LOCATION 10 RESTRICTIONS TO AN ADULT-ORIENTED BUSINESS; AND FOR 11 OTHER PURPOSES. 12 13 14 Subtitle 15 TO CLASSIFY A DRAG PERFORMANCE AS AN 16 ADULT-ORIENTED BUSINESS; AND TO ADD 17 ADDITIONAL LOCATION RESTRICTIONS TO AN 18 ADULT-ORIENTED BUSINESS. 19 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code § 14-1-302(6), concerning the definition of 24 "adult-oriented business", is amended to read as follows: 25 (6) “Adult-oriented business” means an adult arcade, an adult 26 bookstore or video store, an adult cabaret, an adult live entertainment 27 establishment, an adult motion picture theater, an adult theater, a massage 28 establishment that offers adult services, an escort agency, or a nude model 29 studio, or a drag performance; 30 31 SECTION 2. Arkansas Code § 14-1-302, concerning definitions related to 32 adult-oriented businesses, is amended to add additional subdivisions to read 33 as follows: 34 (26) "Drag performance" means a performance: 35 (A) In which one (1) or more performers: 36 SB43 2 1/5/2023 12:34:22 PM JMB093 (i) Exhibits a gender identity that is different 1 from the performer's gender assigned at birth using clothing, makeup, or 2 other accessories that are traditionally worn by members of and are meant to 3 exaggerate the gender identity of the performer's opposite sex; and 4 (ii) Sings, lip-synchs, dances, or otherwise 5 performs before an audience of at least two (2) persons for entertainment, 6 whether performed for payment or not; and 7 (B) That is intended to appeal to the prurient interest; 8 and 9 (27) "Minor" means an individual who is less than eighteen (18) 10 years of age. 11 12 SECTION 3. Arkansas Code § 14-1-303, concerning the location of adult- 13 oriented businesses, is amended to add an additional subsection to read as 14 follows: 15 (d) An adult-oriented business shall not be located: 16 (1) On public property; or 17 (2) Where a minor can view what the adult-oriented business is 18 otherwise offering to the public that qualifies it as an adult-oriented 19 business. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

As enrolled or final

2,883 characters

Open the printed bill (PDF)

Stricken language would be deleted from and underlined language would be added to present law. Act 131 of the Regular Session *JMB093* 02-02-2023 09:52:50 JMB093 State of Arkansas As Engrossed: S1/23/23 H1/30/23 H2/2/23 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 43 3 4 By: Senators G. Stubblefield, J. Bryant, B. Johnson, K. Hammer, Rice, Flippo, C. Penzo, Gilmore, Stone, 5 M. McKee, A. Clark, Hester, Dees, D. Sullivan, Caldwell, Hill 6 By: Representatives Bentley, Barker, C. Cooper, Crawford, Haak, D. Hodges, Ladyman, Long, 7 Lundstrum, McAlindon, R. Scott Richardson, Rose, Rye, Tosh 8 9 For An Act To Be Entitled 10 AN ACT TO ADD CERTAIN RESTRICTIONS TO AN ADULT- 11 ORIENTED PERFORMANCE; TO DEFINE AN ADULT-ORIENTED 12 PERFORMANCE; AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO ADD CERTAIN RESTRICTIONS TO AN ADULT- 17 ORIENTED PERFORMANCE; AND TO DEFINE AN 18 ADULT-ORIENTED PERFORMANCE. 19 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code § 14-1-302, concerning definitions related to 24 adult-oriented businesses, is amended to add additional subdivisions to read 25 as follows: 26 (26) "Adult-oriented performance" means a performance that is 27 intended to appeal to the prurient interest and that features: 28 (A) A person who appears in a state of nudity or is 29 seminude; 30 (B) The purposeful exposure, whether complete or partial, 31 of: 32 (i) A specific anatomical area; or 33 (ii) Prosthetic genitalia or breasts; or 34 (C) A specific sexual activity; 35 (27) "Minor" means an individual who is less than eighteen (18) 36 As Engrossed: S1/23/23 H1/30/23 H2/2/23 SB43 2 02-02-2023 09:52:50 JMB093 years of age; and 1 (28) "Public funds" means funds, moneys, receivables, grants, 2 investments, instruments, real or personal property, or other assets, 3 liabilities, equities, revenues, receipts, or disbursements belonging to, 4 held by, or passed through a governmental body. 5 6 SECTION 2. Arkansas Code § 14-1-303, concerning the location of adult- 7 oriented businesses, is amended to add an additional subsection to read as 8 follows: 9 (d) An adult-oriented performance shall not: 10 (1) Take place on public property; 11 (2) Admit any minor for attendance; or 12 (3) Be funded in whole or in part with public funds. 13 14 /s/G. Stubblefield 15 16 17 APPROVED: 2/24/23 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36