§ 90. New York state department of transportation highway safety program fund. 1. There is hereby established in the joint custody of the commissioner of taxation and finance and the comptroller a fund to be known as the "New York state department of transportation highway safety program fund".

2. The fund shall consist of (a) all fines or penalties collected in proceedings in a court or administrative tribunal which results in a conviction for a violation of section fourteen-f or subdivision two of section one hundred forty of the transportation law, and (b) all moneys deposited into the fund by the commissioner of transportation resulting from revenue contracts for parkway towing and emergency road services, lease income, gas station net revenue, and sale of property or assets on parkways designated in law as special parkways.

3. Moneys in the New York state department of transportation highway safety program fund may be invested by the comptroller pursuant to the provisions of section ninety-eight-a of this article and any income received by the comptroller from such investments shall be added to and become part of, and shall be used for the purposes of such fund. All deposits of such money shall, if required by the comptroller, be secured by obligations of the United States or of the state of market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give such securities for such deposits.

4. Moneys of the fund, following appropriation by the legislature, shall be allocated upon a certificate of approval of availability by the director of the budget solely for the purposes set forth in this section.

5. Fifty percent of the moneys in the fund received pursuant to section fourteen-f or subdivision two of section one hundred forty of the transportation law shall be transferred to the general fund of the state on or before the last day of the state's fiscal year. All other moneys in the fund shall be made available pursuant to appropriation for, but not limited to, administration and enforcement of the highway safety program and related purposes, including, but not limited to, the purchase of highway safety equipment.