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A03417 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Economic Development
        AN ACT to amend the general business law, in relation to establishing  a
          two  dollar  surcharge  on  sexually  oriented media; and to amend the
          state finance law, in relation to establishing the crime victims fund

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  399-dddd to read as follows:
     3    §  399-dddd.  Sexually  oriented  media; surcharge. 1. For purposes of
     4  this section, the following terms shall have the following meanings:
     5    a. "nude" shall mean:
     6    (i) entirely unclothed; or
     7    (ii) clothed in a manner that leaves uncovered or visible through less
     8  than fully opaque clothing any portion of the breasts below the  top  of
     9  the  areola  of  the breasts, if the person is female, or any portion of
    10  the genitals or buttocks; and
    11    b. "sexually oriented media" shall mean  a  magazine,  video,  DVD  or
    12  internet  website  whose  domain name is registered in this state, where
    13  the content of such magazine, video, DVD or  internet  website  features
    14  nude pictures or nude performances.
    15    2.  A  surcharge  shall  be  imposed on any sexually oriented media as
    16  follows:
    17    a. for each magazine, video  or  DVD  purchased  in  this  state,  two
    18  dollars for each magazine, video or DVD purchased; or
    19    b.  for  each download purchased from an internet website, two dollars
    20  for each download purchased.
    21    3. Any person, firm, corporation, partnership or  any  other  business
    22  entity  that  sells  sexually  oriented  media  shall  be liable for the
    23  collection of the surcharge imposed  by  this  section.  Every  business
    24  subject to the provisions of this section shall remit the total of funds
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3417                             2
     1  collected from the surcharge established pursuant to this section to the
     2  commissioner  of taxation and finance for deposit into the crime victims
     3  fund established pursuant to section eighty-seven of the  state  finance
     4  law.
     5    §  2.  The  state finance law is amended by adding a new section 87 to
     6  read as follows:
     7    § 87. Crime victims fund. 1. There is hereby established in the  joint
     8  custody  of  the  state comptroller and the commissioner of taxation and
     9  finance a special revenue fund to be known as the "crime victims fund".
    10    2. Such fund shall  consist  of  the  revenues  received  pursuant  to
    11  section  three hundred ninety-nine-dddd of the general business law, and
    12  all other monies appropriated, credited, or transferred thereto from any
    13  other fund or source pursuant to law.
    14    3. Monies of the fund when allocated, shall be made available  to  the
    15  commissioner  of  correctional  services to fund programs for victims of
    16  crime, including, but not limited to, victims of domestic violence, hate
    17  crimes, human trafficking and child prostitution.
    18    4. Money shall be payable from the fund on the audit  and  warrant  of
    19  the  state comptroller on vouchers approved and certified by the commis-
    20  sioner of correctional services.
    21    § 3. This act shall take effect on the thirtieth day  after  it  shall
    22  have become a law.
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