STATE OF NEW YORK
________________________________________________________________________
6712--A
2021-2022 Regular Sessions
IN SENATE
May 12, 2021
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public authorities law, in relation to authorizing
the metropolitan transportation authority and its subsidiaries to
fingerprint applicants for employment and to obtain criminal histories
of such applicants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1266 of the public authorities law is amended by
2 adding a new subdivision 19 to read as follows:
3 19. In connection with their lawful responsibilities or functions, the
4 authority and its subsidiaries, including Metro-North Commuter Railroad,
5 the Long Island Rail Road, MTA bus and the Staten Island rapid transit
6 operating authority, the Triborough bridge and tunnel authority, and the
7 New York city transit authority and its subsidiary the Manhattan and
8 Bronx surface transit operating authority, are authorized to request,
9 receive and review criminal history information through the division of
10 criminal justice services with respect to any person applying for a
11 safety sensitive position. When requested, such applicant shall submit
12 to the authority or the requesting affiliate or subsidiary his or her
13 fingerprints in such form and in such manner as specified by the divi-
14 sion, for the purpose of conducting a criminal history search identify-
15 ing criminal convictions and pending criminal charges and returning a
16 report thereon in accordance with the procedures and requirements estab-
17 lished by the division pursuant to the provisions of article thirty-five
18 of the executive law, which shall include the payment of the reasonable
19 prescribed processing fee for the cost of the division's full search and
20 retention procedures and a national criminal history record check. The
21 authority or requesting affiliate or subsidiary shall submit such fing-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11304-05-1
S. 6712--A 2
1 erprints and the processing fee to the division. The division shall
2 forward to the authority or the requesting affiliate or subsidiary a
3 report with respect to the applicant's previous criminal history, if
4 any, or a statement that the applicant has no previous criminal history
5 according to its files. Fingerprints submitted to the division pursuant
6 to this subdivision may also be submitted to the federal bureau of
7 investigation for a national criminal history record check. If addi-
8 tional copies of fingerprints are required, the applicant shall furnish
9 them upon request. Upon receipt of such criminal history information,
10 the authority or the requesting affiliate or subsidiary shall provide
11 such applicant with a copy of such criminal history information, togeth-
12 er with a copy of article twenty-three-A of the correction law, and
13 inform such applicant of his or her right to seek correction of any
14 incorrect information contained in such criminal history information
15 pursuant to regulations and procedures established by the division of
16 criminal justice services. The authority or the requesting affiliate or
17 subsidiary shall ensure that adequate notice be provided to such appli-
18 cant regarding the fact that state and national criminal history record
19 checks may be conducted. This provision shall not preclude or alter the
20 process by which a municipal civil service commission obtains and
21 provides background information pursuant to subdivision four of section
22 fifty of the civil service law relating to applicants for civil service
23 appointments at the New York city transit authority and the Triborough
24 bridge and tunnel authority.
25 § 2. This act shall take effect immediately.
