What's happening
This bill adds a $2 surcharge to sexually oriented media purchases to fund crime-victim programs.
Why it matters
Covered purchases. The surcharge applies to each qualifying magazine, video or DVD bought in New York and each paid download from qualifying websites with domains registered in the state.
Seller responsibilities. Businesses selling covered media must collect the surcharge and remit it to the state tax commissioner. Coverage depends on nude images or performances, not an explicit-sex requirement.
Dedicated funding. Revenue goes into a new crime victims fund, available when allocated to the correctional services commissioner for victim programs, including domestic violence, hate crimes, human trafficking and child prostitution.
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Who cares
Buyers of sexually oriented media
They would pay an additional $2 for each covered item or download purchased.
Retailers and qualifying website operators
They would be responsible for collecting and remitting the surcharge.
- Likely support
Crime victims and victim-service providers
The new fund would support programs for victims of crime.
State fiscal and correctional officials
They would receive, oversee or authorize spending from the new fund.
Headline styles
Add Adult Media Surcharge
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to economic development
- Referred to economic development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3417
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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-dddd to read as follows:
§ 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.
LBD07457-01-9
A. 3417 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.
§ 2. The state finance law is amended by adding a new section 87 to read as follows:
§ 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 commissioner of correctional services.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.