A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-1-200 SO AS TO PROHIBIT STATE AGENCIES, POLITICAL SUBDIVISIONS, OR ENTITIES THAT ARE SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS FROM USING ANY PUBLIC FUNDS TO HOST OR PROVIDE DRAG STORY HOURS OR OTHER DRAG SHOWS FOR MINORS UNDER THE AGE OF EIGHTEEN; TO ESTABLISH PENALTIES; AND TO DEFINE TERMS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 1, Title 6 of the S.C. Code is amended by adding:

 

    Section 6-1-200. (A)(1) No state agency, political subdivision, including school districts, or any entity that is supported in whole or in part by public funds may use any public funds to host or provide a drag story hour or other drag show attended by minors under the age of eighteen. If any such institution whose funding is commingled hosts or provides for such a drag story hour or other drag show, the expenditures of the drag story hour or other drag show are deemed to be from public funds. If any such institution violates the provision of this section, then the appropriate official in charge of disbursing public funds, must cease disbursing funds to the offending institution.

       (2) No state agency, political subdivision, including school districts, or any entity that is supported in whole or in part by public funds may host or provide a drag story hour or other drag show attended by minors under the age of eighteen on its premises or allow the use of its premises by a private entity to host or provide a drag story hour or other drag show attended by minors under the age of eighteen.

    (B)(1) In addition to the loss of public funding by the offending institution pursuant to subsection (A), the Attorney General shall:

           (a) impose a civil fine against the offending institution of five hundred dollars for every person in attendance at a drag story hour or drag show hosted or provided by the offending institution, or otherwise occurring on its premises, that violates subsection (A), which must be credited to the state general fund; and

           (b) issue as part of a press release a public reprimand of the offending institution and its chief executive officer.

       (2) A parent or legal guardian of a minor under the age of eighteen may file a private action against an offending institution in a court of law based on an actual or threatened violation of this section and obtain compensatory damages, injunctive relief, declaratory relief, or other appropriate relief.

    (C) For purposes of this section:

       (1) "Drag show" means a performance in which a performer exhibits a gender identity that is different than the performer's gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience, including minors under the age of eighteen for entertainment, and includes a drag story hour.

       (2) "Drag story hour" means a program where drag performers read children's books before an audience including minors under the age of eighteen in public spaces such as libraries, schools, and bookstores.

 

SECTION 2.  This act takes effect upon approval by the Governor.

 

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