Text of ND HB 1333 (2023)

23.0375.02000 Sixty-eighth Legislative Assembly of North Dakota Introduced by Representatives Prichard, Frelich, Klemin, Koppelman, Marschall, Motschenbacher, D. Ruby, Tveit, VanWinkle Senator Estenson A BILL for an Act to create and enact a new section to chapter 12.1-27.1 of the North Dakota Century Code, relating to restrictions on adult-oriented performances; to amend and reenact section 12.1-27.1-12 of the North Dakota Century Code, relating to state pre-emption of local laws regulating obscenity; and to provide a penalty. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 12.1-27.1 of the North Dakota Century Code is created and enacted as follows: Restrictions on adult-oriented performances - Penalty. 1. As used in this section, "adult cabaret performance" means a performance in a location other than an adult cabaret which features topless dancers, go - go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration. 2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person engages in an adult cabaret performance: a. On public property; or b. In a location where the adult cabaret performance is within the line of vision of an individual under the age of eighteen. SECTION 2. AMENDMENT. Section 12.1-27.1-12 of the North Dakota Century Code is amended and reenacted as follows: Page No. 1 23.0375.02000 HOUSE BILL NO. 1333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Sixty-eighth Legislative Assembly 12.1-27.1-12. State pre-emption of local laws regulating obscenity. This chapter shall beis applicable and uniform throughout the state, and noa political subdivision shallmay not enact new, or enforce existing, ordinances or resolutions regulating or prohibiting the dissemination of obscene materials, or controlling obscene or adult-oriented performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47. Page No. 2 23.0375.02000 1 2 3 4 5 6

Sixty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 3, 2023 HOUSE BILL NO. 1333 (Representatives Prichard, Frelich, Klemin, Koppelman, Marschall, Motschenbacher, D. Ruby, Tveit, VanWinkle) (Senator Estenson) AN ACT to create and enact a new section to chapter 12.1-27.1 of the North Dakota Century Code, relating to restrictions on adult-oriented performances; to amend and reenact section 12.1-27.1-12 of the North Dakota Century Code, relating to state pre-emption of local laws regulating obscenity; and to provide a penalty. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 12.1-27.1 of the North Dakota Century Code is created and enacted as follows: Restrictions on adult-oriented performances - Penalty. 1. As used in this section: a. "Adult - oriented performance" means a performance that, regardless of whether or not performed for consideration, is intended to appeal to a prurient interest and features: (1) The purposeful exposure, whether complete or partial, of: (a) A human genital, the pubic region, the human buttocks, or a female breast, if the breast is exposed below a point immediately above the top of the areola; or (b) Prosthetic genitalia, breasts, or buttocks; or (2) Sexual conduct. b. "Public property" means real property in which a state agency or a political subdivision has an ownership interest. 2. A person is guilty of a class A misdemeanor for a first offense and a class C felony for a second or subsequent offense if the person organizes an adult - oriented performance: a. On public property; or b. At a business establishment frequented by minors, or where minors are or may be invited as a part of the general public. SECTION 2. AMENDMENT. Section 12.1-27.1-12 of the North Dakota Century Code is amended and reenacted as follows: 12.1-27.1-12. State pre-emption of local laws regulating obscenity. This chapter shall beis applicable and uniform throughout the state, and noa political subdivision shallmay not enact new, or enforce existing, ordinances or resolutions regulating or prohibiting the dissemination of obscene materials, or controlling obscene or adult-oriented performances, except ordinances authorized by section 5-02-09, section 58-03-11, chapter 11-33, or chapter 40-47. H. B. NO. 1333 - PAGE 2 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-eighth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1333. House Vote: Yeas 76 Nays 14 Absent 4 Senate Vote: Yeas 44 Nays 3 Absent 0 ____________________________ Chief Clerk of the House Received by the Governor at ________M. on _____________________________________, 2023. Approved at ________M. on __________________________________________________, 2023. ____________________________ Governor Filed in this office this ___________day of _______________________________________, 2023, at ________ o’clock ________M. ____________________________ Secretary of State