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.
