S T A T E   O F   N E W   Y O R K
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                                  1830

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M. of A. ORTIZ, PEOPLES-STOKES, CASTRO, GALEF, HOOPER --
  Multi-Sponsored by -- M. of A. BARRON -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to establishing  a
  ten  dollar  surcharge  for customers of sexually oriented businesses;
  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:

  Section 1. The general business law is amended by adding a new section
399-zzzz to read as follows:
  S 399-ZZZZ.  SEXUALLY ORIENTED BUSINESS; SURCHARGE. 1. FOR PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "NUDE" SHALL MEAN:
  (I) ENTIRELY UNCLOTHED; OR
  (II) CLOTHED IN A MANNER THAT LEAVES UNCOVERED OR VISIBLE THROUGH LESS
THAN FULLY OPAQUE CLOTHING ANY PORTION OF THE BREASTS BELOW THE  TOP  OF
THE  AREOLA  OF  THE BREASTS, IF THE PERSON IS FEMALE, OR ANY PORTION OF
THE GENITALS OR BUTTOCKS; AND
  B. "SEXUALLY ORIENTED BUSINESS" SHALL MEAN A NIGHTCLUB,  BAR,  RESTAU-
RANT,  OR SIMILAR COMMERCIAL ENTERPRISE THAT PROVIDES FOR AN AUDIENCE OF
TWO OR MORE INDIVIDUALS LIVE NUDE ENTERTAINMENT OR  LIVE  NUDE  PERFORM-
ANCES.
  2.  A SURCHARGE SHALL BE IMPOSED ON A SEXUALLY ORIENTED BUSINESS IN AN
AMOUNT EQUAL TO TEN DOLLARS FOR EACH ENTRY BY EACH CUSTOMER ADMITTED  TO
THE BUSINESS.
  3.  EACH  SEXUALLY  ORIENTED  BUSINESS  SHALL REMIT THE TOTAL OF FUNDS
COLLECTED FROM THE SURCHARGE ESTABLISHED PURSUANT TO THIS SECTION TO THE
COMMISSIONER OF TAXATION AND FINANCE FOR DEPOSIT INTO THE CRIME  VICTIMS
FUND  ESTABLISHED  PURSUANT TO SECTION EIGHTY-SEVEN OF THE STATE FINANCE
LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04524-01-1
              

A. 1830                             2

  S 2. The state finance law is amended by adding a new  section  87  to
read as follows:
  S  87. CRIME VICTIMS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS THE "CRIME VICTIMS FUND".
  2.  SUCH  FUND  SHALL  CONSIST  OF  THE  REVENUES RECEIVED PURSUANT TO
SECTION THREE HUNDRED NINETY-NINE-ZZZZ OF THE GENERAL BUSINESS LAW,  AND
ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  MONIES  OF THE FUND WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE
CRIME VICTIMS BOARD TO FUND PROGRAMS FOR VICTIMS  OF  CRIME,  INCLUDING,
BUT  NOT  LIMITED  TO,  VICTIMS OF DOMESTIC VIOLENCE, HATE CRIMES, HUMAN
TRAFFICKING AND CHILD PROSTITUTION.
  4. MONEY SHALL BE PAYABLE FROM THE FUND ON THE AUDIT  AND  WARRANT  OF
THE  STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
SIONER OF CORRECTIONAL SERVICES.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.