A. 7350 2
OF MOTOR VEHICLES WHICH OVERTAKE OR PASS SCHOOL BUSES IN VIOLATION OF
SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
2. "OWNER" SHALL HAVE THE SAME MEANING PROVIDED IN ARTICLE TWO-B OF
THIS CHAPTER.
(B) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BOARD OF EDUCA-
TION OR OF TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT A RESOLUTION PROVIDING FOR THE INSTALLATION AND OPER-
ATION OF SCHOOL BUS SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR
CONTRACTED WITH SUCH DISTRICT, AND PROVIDING FOR THE FORWARDING OF
IMAGES FROM SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION
IN THE AREA IN WHICH SUCH SCHOOL BUSES OPERATE, FOR THE PURPOSE OF
IMPOSING MONETARY LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGAL-
LY OVERTAKING OR PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
2. THE BOARD OF EDUCATION OR OF TRUSTEES OF THE SCHOOL DISTRICT MAY,
FURTHERMORE, ENTER INTO AN AGREEMENT WITH A PRIVATE VENDOR FOR THE
INSTALLATION, OPERATION, NOTICE PROCESSING AND ADMINISTRATION, AND MAIN-
TENANCE OF SCHOOL BUS SAFETY CAMERAS ON BUSES WITHIN SUCH DISTRICT'S
FLEET, WHETHER OWNED OR LEASED.
3. SUCH SCHOOL BUS SAFETY CAMERAS SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
CAMERAS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
GERS OR THE CONTENTS OF THE VEHICLE; SHALL ONLY PRODUCE A PHOTOGRAPHIC
IMAGE OF THE FRONT OR REAR REGISTRATION NUMBER PLATE OF THE MOTOR VEHI-
CLE; AND SHALL ONLY PRODUCE A PHOTOGRAPHIC IMAGE OF A VEHICLE WHICH
PASSES OR OVERTAKES THE SCHOOL BUS, IN VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE, WHILE THE SCHOOL
BUS IS AT A FULL STOP AND THE RED VISUAL SIGNAL, AS SPECIFIED IN SUBDI-
VISION TWENTY OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, IS
BEING OPERATED. PROVIDED, HOWEVER, THAT NO SIMPLIFIED TRAFFIC INFORMA-
TION ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A
PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS
OF A MOTOR VEHICLE.
4. SUCH A SCHOOL DISTRICT MAY ENTER INTO AN INTERGOVERNMENTAL AGREE-
MENT WITH A LOCAL GOVERNING AUTHORITY TO OFFSET THE EXPENSES RELATING TO
THE ONGOING OPERATION OF SCHOOL BUS SAFETY CAMERAS AND THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
(C) IN ANY SCHOOL DISTRICT IN WHICH SCHOOL BUS SAFETY CAMERAS ARE
INSTALLED AND OPERATED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, THE
OWNER OF A MOTOR VEHICLE, UPON ISSUANCE OF A SIMPLIFIED TRAFFIC INFORMA-
TION BY A POLICE OFFICER, SHALL BE LIABLE FOR A CIVIL PENALTY EQUAL TO
THE FINES ESTABLISHED IN SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THIS ARTICLE IF SUCH VEHICLE WAS USED OR OPERATED WITH
THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDI-
VISION (A) OF SUCH SECTION, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
TION OBTAINED FROM A SCHOOL BUS SAFETY CAMERA; PROVIDED, HOWEVER, THAT
NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO
THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF
THE UNDERLYING VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THIS ARTICLE.
(D) AFTER A SCHOOL DISTRICT FORWARDS THE IMAGES FROM ITS SCHOOL BUS
SAFETY CAMERAS TO A LAW ENFORCEMENT AGENCY, A POLICE OFFICER SHALL
INSPECT SUCH IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE WAS COMMITTED. IF
SUCH POLICE OFFICER FINDS THAT SUCH A VIOLATION OCCURRED, HE OR SHE
SHALL ISSUE A SIMPLIFIED TRAFFIC INFORMATION ALLEGING THE VIOLATION, AND
A. 7350 3
SUCH INFORMATION WITH A COPY OF THE PHOTOGRAPHIC IMAGE OF THE VIOLATION
SHALL BE MAILED TO THE OWNER OF THE MOTOR VEHICLE BY FIRST CLASS MAIL
WITHIN THIRTY DAYS OF THE ALLEGED VIOLATION. THE IMAGES PRODUCED BY A
SCHOOL BUS SAFETY CAMERA SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ALL PHOTOGRAPHIC IMAGES OF MOTOR VEHICLES WHICH DO
NOT DEPICT OR RESULT IN LIABILITY FOR VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE SHALL BE DESTROYED
BY THE APPROPRIATE SCHOOL DISTRICT AND LAW ENFORCEMENT AGENCY WITHIN TWO
DAYS.
(E) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(F) 1. A SIMPLIFIED TRAFFIC INFORMATION AND THE PHOTOGRAPHIC IMAGE OF
THE ALLEGED VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON
ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN THE NAME AND ADDRESS
OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSU-
ANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN
SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE
AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE SCHOOL
BUS SAFETY CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER.
3. THE SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN INFORMATION ADVIS-
ING THE PERSON CHARGED OF THE MANNER, THE TIME, THE PLACE AND THE COURT
OR ADMINISTRATIVE BODY IN WHICH HE OR SHE MAY CONTEST THE LIABILITY
ALLEGED IN THE SIMPLIFIED TRAFFIC INFORMATION. SUCH SIMPLIFIED TRAFFIC
INFORMATION SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO ANSWER IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT HE OR SHE SHALL BE LIABLE FOR FAILURE
TO RESPOND TO A SUMMONS.
(G) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
(H) IF AN OWNER RECEIVES A SIMPLIFIED TRAFFIC INFORMATION PURSUANT TO
THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED
TO A LAW ENFORCEMENT AGENCY AS HAVING BEEN STOLEN, IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS
SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH
TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS
BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
(I) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A SIMPLIFIED TRAF-
FIC INFORMATION WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE
FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-
FOUR OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT HAVING
A. 7350 4
JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND
ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER
RECEIVING NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL SIMPLIFIED
TRAFFIC INFORMATION. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY
PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE
PROVISIONS OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE
OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE
VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A SIMPLIFIED
TRAFFIC INFORMATION PURSUANT TO THIS SECTION.
(J) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS SECTION WAS
NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
(K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
(L) THE SCHOOL BUS SAFETY CAMERAS INSTALLED AND OPERATED PURSUANT TO
THIS SECTION SHALL BE USED SOLELY FOR THE PURPOSES OF CARRYING OUT
PHOTO-MONITORING OF VIOLATIONS OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
S 4. Section 3621 of the education law is amended by adding a new
subdivision 16 to read as follows:
16. "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITOR-
ING DEVICE AUTHORIZED TO BE INSTALLED AND OPERATED IN A SCHOOL BUS
PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAF-
FIC LAW.
S 5. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended to read
as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, (IX) THE PURCHASE OF SCHOOL BUS
SAFETY CAMERAS, and [(ix)] (X) the purchase of other equipment as
prescribed in the regulations of the commissioner; and
S 6. Subdivision 3 and paragraph a of subdivision 4 of section 227 of
the vehicle and traffic law, subdivision 3 as amended by chapter 337 of
the laws of 1970 and renumbered by chapter 288 of the laws of 1989 and
paragraph a of subdivision 4 as amended by section 7 of part J of chap-
ter 62 of the laws of 2003, are amended to read as follows:
3. After due consideration of the evidence and arguments offered in a
contested case, the hearing officer shall determine whether the charges
have been established. IN THE CASE OF AN OWNER CHARGED AS SUCH PURSUANT
A. 7350 5
TO THIS ARTICLE, IT SHALL BE A COMPLETE DEFENSE TO SUCH CHARGE THAT A
VEHICLE ALLEGED TO BE IN VIOLATION WAS OPERATED WITHOUT THE PERMISSION
OF SUCH OWNER OR HIS AGENT AND THE ESTABLISHMENT OF LACK OF PERMISSION
SHALL RESULT IN AN ORDER DISMISSING SUCH CHARGE AGAINST SUCH OWNER.
Where the charges have not been established, an order dismissing the
charges shall be entered. Where a determination is made that a charge
has been established, either in a contested case or in an uncontested
case where there is an appearance before a hearing officer, or if an
answer admitting the charge otherwise has been received, an appropriate
order shall be entered in the department's records.
a. An order entered upon the failure to answer or appear or after the
receipt of an answer admitting the charge or where a determination is
made that the charge has been established shall be civil in nature, but
shall be treated as a conviction for the purposes of this chapter. The
commissioner or his designee may include in such order an imposition of
any penalty authorized by any provision of this chapter for a conviction
of such violation, except that no penalty [therefore] THEREFOR shall
include imprisonment, nor, if monetary, exceed the amount of the fine
which could have been imposed had the charge been heard by a court. The
driver's license or privileges, or, if the charge involves a violation
of section three hundred eighty-five or section four hundred one of this
chapter by a registrant who was not the operator of the vehicle, the
registration of such vehicle or privilege of operation of any motor
vehicle owned by such registrant may be suspended pending the payment of
any penalty so imposed; HOWEVER, IN THE CASE OF AN OWNER CHARGED AS SUCH
PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR PRIVILEGE SHALL
NOT BE AFFECTED BY SUCH ORDER OR DETERMINATION OTHER THAN AS SUSPENSION
THEREOF FOR FAILURE TO APPEAR OR PAY AS SET FORTH IN THIS ARTICLE, NOR
SHALL A CONVICTION HEREUNDER OF SUCH OWNER AS SUCH RESULT IN DEPART-
MENTAL ADMINISTRATIVE SANCTIONS AFFECTING HIS OR HER DRIVER'S LICENSE OR
PRIVILEGE. Any suspension issued pursuant to this paragraph shall be
subject to the provisions of paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
S 7. Paragraph k of subdivision 3 of section 510 of the vehicle and
traffic law, as amended by chapter 124 of the laws of 1992, is amended
and a new paragraph l is added to read as follows:
k. for a period of up to ninety days because of the conviction of the
holder of the offenses of menacing as defined in section 120.15 of the
penal law, where such offense was committed against a traffic enforce-
ment agent employed by the city of New York or the city of Buffalo while
such agent was enforcing or attempting to enforce the traffic regu-
lations of such city[.];
L. FOR A PERIOD OF UP TO SIXTY DAYS FOR A VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
S 8. Section 120.00 of the penal law is amended to read as follows:
S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he OR SHE
causes such injury to such person or to a third person; or
2. He OR SHE recklessly causes physical injury to another person; or
3. With criminal negligence, he OR SHE causes physical injury to
another person by means of a deadly weapon or a dangerous instrument[.];
OR
4. HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE OPERATING
A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
A. 7350 6
Assault in the third degree is a class A misdemeanor.
S 9. Section 125.10 of the penal law is amended to read as follows:
S 125.10 Criminally negligent homicide.
A person is guilty of criminally negligent homicide when[, with]:
1. WITH criminal negligence, he OR SHE causes the death of another
person[.]; OR
2. HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON WHILE OPERATING A
MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
Criminally negligent homicide is a class E felony.
S 10. The vehicle and traffic law is amended by adding a new section
223-a to read as follows:
S 223-A. SCHOOL BUS SAFETY EDUCATION PROGRAM. THE COMMISSIONER SHALL,
IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, THE DEPART-
MENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION OF STATE POLICE, AND
THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFETY TRAINING COUNCIL,
DESIGN AND IMPLEMENT A PUBLIC EDUCATION PROGRAM TO EDUCATE MOTORISTS
UPON THE DANGERS OF PASSING OR OVERTAKING A SCHOOL BUS IN VIOLATION OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, TO REDUCE THE
NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
S 11. Subdivision 3 of section 1809 of the vehicle and traffic law, as
amended by chapter 309 of the laws of 1996, is amended to read as
follows:
3. The mandatory surcharge provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge the collecting authority
shall determine the amount of mandatory surcharge collected and, if it
is an administrative tribunal or a town or village justice court, it
shall pay such money to the state comptroller who shall deposit such
money in the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the general fund; PROVIDED,
HOWEVER, THAT THE COMPTROLLER SHALL DEPOSIT SUCH MONEY COLLECTED FOR
VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR AND FOR LIABILITY
PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER TO THE
CREDIT OF THE SCHOOL BUS SAFETY EDUCATION FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW. If such collecting
authority is any other court of the unified court system, it shall,
within such period, pay such money to the [state] commissioner of taxa-
tion and finance to the credit of the criminal justice improvement
account established by section ninety-seven-bb of the state finance law;
PROVIDED, HOWEVER, THAT THE COMMISSIONER OF TAXATION AND FINANCE SHALL
DEPOSIT SUCH MONEY COLLECTED FOR VIOLATIONS OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR AND FOR LIABILITY PURSUANT TO SECTION ELEVEN HUNDRED SEVEN-
TY-FOUR-A OF THIS CHAPTER TO THE CREDIT OF THE SCHOOL BUS MOTORIST SAFE-
TY FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-H OF THE STATE
FINANCE LAW. The crime victim assistance fee provided for in subdivi-
sion one of this section shall be paid to the clerk of the court or
administrative tribunal that rendered the conviction. Within the first
ten days of the month following collection of the crime victim assist-
ance fee, the collecting authority shall determine the amount of crime
victim assistance fee collected and, if it is an administrative tribunal
or a town or village justice court, it shall pay such money to the state
comptroller who shall deposit such money in the state treasury pursuant
to section one hundred twenty-one of the state finance law to the credit
A. 7350 7
of the criminal justice improvement account established by section nine-
ty-seven-bb of the state finance law.
S 12. Subdivision 1 of section 3650 of the education law is amended by
adding a new paragraph f to read as follows:
F. AWARD AND DISTRIBUTE GRANTS, FOLLOWING APPROPRIATION, WHICH MAY
INCLUDE THE FUNDS OF THE SCHOOL BUS SAFETY EDUCATION FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW, FOR THE
STUDY OF ISSUES INVOLVING THE ILLEGAL PASSING AND OVERTAKING OF STOPPED
SCHOOL BUSES, THE DEVELOPMENT OF PROPOSALS TO REDUCE THE NUMBER OF
MOTORISTS PASSING SCHOOL BUSES IN VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, AND TO PROMOTE SCHOOL BUS
SAFETY.
S 13. The state finance law is amended by adding a new section 89-h to
read as follows:
S 89-H. THE SCHOOL BUS SAFETY EDUCATION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND KNOWN AS THE SCHOOL BUS
SAFETY EDUCATION FUND.
2. SUCH FUND SHALL CONSIST OF MONIES RECEIVED BY THE STATE FROM ANY
COURT PURSUANT TO SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND TRAF-
FIC LAW FOR VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR AND FOR
LIABILITY PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF SUCH LAW,
AND ALL OTHER FINES, FEES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
3. (A) FIFTY PERCENT OF THE MONIES OF THE FUND, FOLLOWING APPROPRI-
ATION, SHALL BE MADE AVAILABLE TO THE STATE COMPREHENSIVE SCHOOL BUS
DRIVER SAFETY TRAINING COUNCIL FOR THE STUDY OF THE ILLEGAL PASSING AND
OVERTAKING OF STOPPED SCHOOL BUSES BY MOTORISTS, AND THE DEVELOPMENT OF
PROPOSALS TO REDUCE THE NUMBER OF MOTORISTS PASSING AND OVERTAKING
SCHOOL BUSES IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE
VEHICLE AND TRAFFIC LAW.
(B) THE REMAINING FIFTY PERCENT OF THE MONIES OF SUCH FUND SHALL BE
MADE AVAILABLE TO THE DEPARTMENT OF MOTOR VEHICLES FOR THE DESIGN AND
IMPLEMENTATION, IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE, THE DEPARTMENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION
OF THE STATE POLICE, AND THE STATE COMPREHENSIVE SCHOOL BUS DRIVER SAFE-
TY TRAINING COUNCIL, OF A PUBLIC EDUCATION PROGRAM TO FURTHER EDUCATE
MOTORISTS OF THE DANGERS OF PASSING OR OVERTAKING A SCHOOL BUS IN
VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND
TRAFFIC LAW, TO REDUCE THE NUMBER OF SUCH INCIDENTS, AND TO PROMOTE
SCHOOL BUS SAFETY.
4. THE MONIES OF THE FUND MADE AVAILABLE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION SHALL BE PAID OUT ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE
COMMISSIONER OF EDUCATION. THE MONIES OF THE FUND MADE AVAILABLE PURSU-
ANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION SHALL BE PAID
OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND
CERTIFIED BY THE COMMISSIONER OF MOTOR VEHICLES. AT THE END OF EACH
FISCAL YEAR ANY MONIES REMAINING IN THE FUND SHALL BE RETAINED IN THE
FUND AND SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME
EARNED ON MONEY IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES,
SHALL BE CREDITED TO THE FUND.
S 14. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law; except that
sections four, five, ten and twelve of this act shall take effect on the
first of April next succeeding the effective date of this act.