Assembly Bill A8435

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

                                  8435

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

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:

  Section 1. The general business law is amended by adding a new section
399-dddd to read as follows:
  S  399-DDDD.  SEXUALLY  ORIENTED  MEDIA; 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 MEDIA" SHALL MEAN  A  MAGAZINE,  VIDEO,  DVD  OR
INTERNET  WEBSITE  WHOSE  DOMAIN NAME IS REGISTERED IN THIS STATE, WHERE
THE CONTENT OF SUCH MAGAZINE, VIDEO, DVD OR  INTERNET  WEBSITE  FEATURES
NUDE PICTURES OR NUDE PERFORMANCES.
  2.  A  SURCHARGE  SHALL  BE  IMPOSED ON ANY SEXUALLY ORIENTED MEDIA AS
FOLLOWS:
  A. FOR EACH MAGAZINE, VIDEO  OR  DVD  PURCHASED  IN  THIS  STATE,  TWO
DOLLARS FOR EACH MAGAZINE, VIDEO OR DVD PURCHASED; OR
  B.  FOR  EACH DOWNLOAD PURCHASED FROM AN INTERNET WEBSITE, TWO DOLLARS
FOR EACH DOWNLOAD PURCHASED.
  3. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR  ANY  OTHER  BUSINESS
ENTITY  THAT  SELLS  SEXUALLY  ORIENTED  MEDIA  SHALL  BE LIABLE FOR THE
COLLECTION OF THE SURCHARGE IMPOSED  BY  THIS  SECTION.  EVERY  BUSINESS
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.
                                                           LBD04697-01-5
              

A. 8435                             2

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.
  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-DDDD 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
COMMISSIONER  OF  CORRECTIONAL  SERVICES 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.