Arizona 56th Legislature - First Regular Session Status: To Executive

SB 1028 — adult cabaret performances; prohibited locations

Last action — Vetoed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Katie Hobbs (Democratic) on June 16, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

39 added · 21 removed

Plain-language change summary

The recent amendments to Bill SB 1028 specify that adult cabaret performances are prohibited in public locations and in areas where minors could see them. Additionally, the definition of who can perform at these events has been clarified to include individuals who provide sexually explicit entertainment. These changes aim to enhance protections for minors and define the scope of adult entertainment, contributing to community standards regarding appropriate venues for such performances.

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Previous
Latest
Fifty-sixth Legislature Judiciary First Regular Session S.B.
Senate Engrossed adult cabaret performances;
1028 PROPOSED SENATE AMENDMENTS TO S.B.
prohibited locations State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1028 AN ACT AMENDING TITLE 13, CHAPTER 14, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-1422.01;
1028 (Reference to printed bill) Page 1, line 6, after "PERSON" insert "OR BUSINESS" Line 22, strike ", DRAG SHOWS" insert "WHO PROVIDE ENTERTAINMENT IN A SEXUALLY EXPLICIT MANNER" After line 25, insert:
RELATING TO SEXUAL OFFENSES.
"3.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
"DRAG PERFORMER" MEANS A PERSON WHO DRESSES IN CLOTHING AND USES MAKEUP AND OTHER PHYSICAL MARKERS OPPOSITE OF THE PERSON'S GENDER AT BIRTH TO EXAGGERATE GENDER SIGNIFIERS AND ROLES AND WHO ENGAGES IN SINGING, DANCING OR A MONOLOGUE OR SKIT IN ORDER TO ENTERTAIN AN AUDIENCE.
1028 Be it enacted by the Legislature of the State of Arizona:
4.
Section 1.
"SEXUALLY EXPLICIT" MEANS AN INTENTION TO AROUSE OR SATISFY THE SEXUAL DESIRES OR APPEAL TO THE PRURIENT INTEREST." Amend title to conform ANTHONY KERN 1028KERN.docx 01/27/2023 11:06 AM C:
Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1422.01, to read:
SP
13-1422.01.
Adult cabaret performances;
location;
classification;
definitions A.
A PERSON OR BUSINESS MAY NOT ENGAGE IN AN ADULT CABARET PERFORMANCE IN EITHER OF THE FOLLOWING LOCATIONS:
1.
ON PUBLIC PROPERTY.
2.
IN A LOCATION WHERE THE PERSON KNOWS OR HAS REASON TO KNOW THAT THE ADULT CABARET PERFORMANCE COULD BE VIEWED BY A MINOR.
B.
THIS SECTION DOES NOT PROHIBIT A COUNTY OR MUNICIPALITY FROM ENACTING AND ENFORCING ORDINANCES THAT REGULATE THE LOCATION OF ADULT CABARET PERFORMANCES IN A MANNER THAT IS AT LEAST AS RESTRICTIVE AS THIS SECTION.
C.
A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A SECOND OR SUBSEQUENT VIOLATION IS A CLASS 6 FELONY.
D.
FOR THE PURPOSES OF THIS SECTION:
1.
"ADULT CABARET" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-1422.
2.
"ADULT CABARET PERFORMANCE" MEANS A SEXUALLY EXPLICIT PERFORMANCE IN A LOCATION OTHER THAN AN ADULT CABARET, REGARDLESS OF WHETHER OR NOT THE PERFORMANCE IS FOR CONSIDERATION.
3.
"SEXUALLY EXPLICIT" MEANS AN INTENTION TO AROUSE OR SATISFY THE SEXUAL DESIRES OR APPEAL TO THE PRURIENT INTEREST.
- 1 -
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Action History

  1. Vetoed by Governor

  2. Transmit to Governor

  3. Transmit to Senate

  4. PASSED

  5. DP

  6. House Placed on Consent Calendar

  7. DP

  8. House Second Reading

  9. House First Reading.

  10. Transmit to House

  11. PASSED

  12. DPA

  13. DPA

  14. Senate Second Reading

  15. Senate First Reading

  16. Prefiled.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 39 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 31 Yea · 27 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 01602
Republican 23000
Unaffiliated 81100
Total 312702
% of votes cast 52%45%0%3%
How each member voted (60)
Member Party Vote
Amish Shah — Nay
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Flavio Bravo Democrat Not Voting
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Not Voting
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 16 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 0802
Unaffiliated 6400
Republican 10000
Total 161202
% of votes cast 53%40%0%7%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Yea
Christine Marsh — Nay
Juan Mendez — Nay
Justine Wadsack — Yea
Ken Bennett — Yea
Raquel Terán — Nay
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Nay
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Not Voting
Eva Diaz Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Not Voting
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 1028?
SB 1028 is sponsored by Anthony Kern.
What is the current status of SB 1028?
This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1028?
Track SB 1028 free on One Click Politics — get push/email alerts when it moves.

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