S 8386: Authorizes federal fingerprint background checks for certain MTA bus and Manhattan and Bronx surface transit operating authority applicants for employment.

  
  STATE OF NEW YORK ________________________________________________________________________ 8386 2025-2026 Regular Sessions  IN SENATE June 6, 2025 ___________ Introduced by Sen. COMRIE -- (at request of the Metropolitan Transporta- tion Authority) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public authorities law, in relation to authorizing federal fingerprint background checks for certain MTA and New York transit authority applicants for employment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 19 of section 1266 of the public authorities 2 law, as added by chapter 261 of the laws of 2021, is amended to read as 3 follows: 4 19. (a) In connection with their lawful responsibilities or functions 5 under this section, the MTA bus company, a subsidiary of the authority 6 [and its subsidiaries, including Metro-North Commuter Railroad, the Long 7 Island Rail Road, MTA bus and the Staten Island rapid transit operating 8 authority, the Triborough bridge and tunnel authority, and the New York 9 city transit authority and its subsidiary the Manhattan and Bronx 10 surface transit operating authority, are authorized to request, receive 11 and review criminal history information through the division of criminal 12 justice services with respect to any person applying for a safety sensi- 13 tive position. When requested, such applicant shall submit to the 14 authority or the requesting affiliate or subsidiary his or her finger- 15 prints in such form and in such manner as specified by the division, for 16 the purpose of conducting a criminal history search identifying criminal 17 convictions and pending criminal charges and returning a report thereon 18 in accordance with the procedures and requirements established by the 19 division pursuant to the provisions of article thirty-five of the execu- 20 tive law, which shall include the payment of the reasonable prescribed 21 processing fee for the cost of the division's full search and retention 22 procedures and a national criminal history record check. The authority 23 or requesting affiliate or subsidiary shall submit such fingerprints and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09975-01-5 
 S. 8386 2 1 the processing fee to the division. The division shall forward to the 2 authority or the requesting affiliate or subsidiary a report with 3 respect to the applicant's previous criminal history, if any, or a 4 statement that the applicant has no previous criminal history according 5 to its files. Fingerprints submitted to the division pursuant to this 6 subdivision may also be submitted to the federal bureau of investigation 7 for a national criminal history record check. If additional copies of 8 fingerprints are required, the applicant shall furnish them upon 9 request. Upon receipt of such criminal history information, the authori- 10 ty or the requesting affiliate or subsidiary shall provide such appli- 11 cant with a copy of such criminal history information, together with a 12 copy of article twenty-three-A of the correction law, and inform such 13 applicant of his or her right to seek correction of any incorrect infor- 14 mation contained in such criminal history information pursuant to regu- 15 lations and procedures established by the division of criminal justice 16 services. The authority or the requesting affiliate or subsidiary shall 17 ensure that adequate notice be provided to such applicant regarding the 18 fact that state and national criminal history record checks may be 19 conducted. This provision shall not preclude or alter the process by 20 which a municipal civil service commission obtains and provides back- 21 ground information pursuant to subdivision four of section fifty of the 22 civil service law relating to applicants for civil service appointments 23 at the New York city transit authority and the Triborough bridge and 24 tunnel authority.], is authorized to require applicants for employment 25 to a title that performs safety sensitive functions to undergo a state 26 and national criminal history record check. When required, the finger- 27 prints of such an applicant shall be submitted to the division of crimi- 28 nal justice services and the division of criminal justice services shall 29 submit such fingerprints to the federal bureau of investigation, in 30 accordance with applicable rules or regulations promulgated by such 31 entities, in order to obtain relevant state criminal history record 32 information, if any, concerning such applicant and for a national crimi- 33 nal history record check. The MTA bus company shall ensure that adequate 34 notice is provided to applicants regarding the fact that state and 35 national criminal history record checks will be conducted, and the 36 procedures therefor. The results of such state and national criminal 37 records searches shall be provided to the MTA bus company. Upon receipt 38 of such criminal history record information, the applicant shall be 39 provided with a copy of such criminal history record information, 40 together with a copy of article twenty-three-A of the correction law, 41 and such applicant shall be informed of such applicant's right to seek 42 correction of any incorrect information contained in such criminal 43 history record information pursuant to regulations and procedures estab- 44 lished by the division of criminal justice services. This provision 45 shall not preclude or alter the process by which a municipal civil 46 service commission obtains and provides background information pursuant 47 to subdivision four of section fifty of the civil service law relating 48 to applicants for civil service appointments at the New York city trans- 49 it authority and the Triborough bridge and tunnel authority. 50 (b) For the purposes of this subdivision, the following terms shall 51 have the following meanings: 52 (i) "Safety sensitive function" means any of the following functions: 53 (1) operating a revenue service vehicle, including when not in revenue 54 service; 55 (2) operating a nonrevenue service vehicle, when required to be oper- 56 ated by a holder of a commercial driver's license; 
 S. 8386 3 1 (3) controlling dispatch or movement of a revenue service vehicle; or 2 (4) maintaining (including repairs, overhaul and rebuilding) a revenue 3 service vehicle or equipment used in revenue service. 4 (ii) "Vehicle" means a bus, van, automobile, rail car, trolley car, 5 trolley bus, or vessel. 6 § 2. Section 1203-a of the public authorities law is amended by adding 7 a new subdivision 12 to read as follows: 8 12. (a) In connection with their lawful responsibilities or functions 9 under this section, the Manhattan and Bronx surface transit operating 10 authority, a subsidiary of the New York city transit authority, is 11 authorized to require applicants for employment to a title that performs 12 safety sensitive functions to undergo a state and national criminal 13 history record check. When required, the fingerprints of such an appli- 14 cant shall be submitted to the division of criminal justice services and 15 the division of criminal justice services shall submit such fingerprints 16 to the federal bureau of investigation, in accordance with applicable 17 rules or regulations promulgated by such entities, in order to obtain 18 relevant state criminal history record information, if any, concerning 19 such applicant and for a national criminal history record check. The 20 Manhattan and Bronx surface transit operating authority shall ensure 21 that adequate notice is provided to applicants regarding the fact that 22 state and national criminal history record checks will be conducted, and 23 the procedures therefor. The results of such state and national criminal 24 records searches shall be provided to the Manhattan and Bronx surface 25 transit operating authority. Upon receipt of such criminal history 26 record information, the applicant shall be provided with a copy of such 27 criminal history record information, together with a copy of article 28 twenty-three-A of the correction law, and such applicant shall be 29 informed of such applicant's right to seek correction of any incorrect 30 information contained in such criminal history record information pursu- 31 ant to regulations and procedures established by the division of crimi- 32 nal justice services. Such provision shall not preclude or alter the 33 process by which a municipal civil service commission obtains and 34 provides background information pursuant to subdivision four of section 35 fifty of the civil service law relating to applicants for civil service 36 appointments at the New York city transit authority and the Triborough 37 bridge and tunnel authority. 38 (b) For the purposes of this subdivision, the following terms shall 39 have the following meanings: 40 (i) "Safety sensitive function" means any of the following functions: 41 (1) operating a revenue service vehicle, including when not in revenue 42 service; 43 (2) operating a nonrevenue service vehicle, when required to be oper- 44 ated by a holder of a commercial driver's license; 45 (3) controlling dispatch or movement of a revenue service vehicle; or 46 (4) maintaining (including repairs, overhaul and rebuilding) a revenue 47 service vehicle or equipment used in revenue service. 48 (ii) "Vehicle" means a bus, van, automobile, rail car, trolley car, 49 trolley bus, or vessel. 50 § 3. This act shall take effect immediately.