S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7578--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Corporations, Authorities and Commissions -- reported and referred
   to the Committee on  Codes  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted 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:
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 19 to read as follows:
   19. IN CONNECTION WITH THEIR LAWFUL RESPONSIBILITIES OR FUNCTIONS, THE
 AUTHORITY AND ITS SUBSIDIARIES, INCLUDING METRO-NORTH COMMUTER RAILROAD,
 THE  LONG  ISLAND RAIL ROAD, MTA BUS AND THE STATEN ISLAND RAPID TRANSIT
 OPERATING AUTHORITY, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND THE
 NEW YORK CITY TRANSIT AUTHORITY AND ITS  SUBSIDIARY  THE  MANHATTAN  AND
 BRONX  SURFACE  TRANSIT  OPERATING AUTHORITY, ARE AUTHORIZED TO REQUEST,
 RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION THROUGH THE DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES  WITH  RESPECT  TO ANY PERSON APPLYING FOR A
 SAFETY SENSITIVE POSITION. WHEN REQUESTED, SUCH APPLICANT  SHALL  SUBMIT
 TO  THE  AUTHORITY  OR THE REQUESTING AFFILIATE OR SUBSIDIARY HIS OR HER
 FINGERPRINTS IN SUCH FORM AND IN SUCH MANNER AS SPECIFIED BY  THE  DIVI-
 SION,  FOR THE PURPOSE OF CONDUCTING A CRIMINAL HISTORY SEARCH IDENTIFY-
 ING CRIMINAL CONVICTIONS AND PENDING CRIMINAL CHARGES  AND  RETURNING  A
 REPORT THEREON IN ACCORDANCE WITH THE PROCEDURES AND REQUIREMENTS ESTAB-
 LISHED BY THE DIVISION PURSUANT TO THE PROVISIONS OF ARTICLE THIRTY-FIVE
 OF  THE EXECUTIVE LAW, WHICH SHALL INCLUDE THE PAYMENT OF THE REASONABLE
 PRESCRIBED PROCESSING FEE FOR THE COST OF THE DIVISION'S FULL SEARCH AND
 RETENTION PROCEDURES AND A NATIONAL CRIMINAL HISTORY RECORD CHECK.   THE
 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.
              

                                                            LBD11304-04-1

 A. 7578--A                          2
 
 ERPRINTS AND THE PROCESSING FEE TO THE DIVISION.    THE  DIVISION  SHALL
 FORWARD  TO  THE  AUTHORITY  OR THE REQUESTING AFFILIATE OR SUBSIDIARY A
 REPORT WITH RESPECT TO THE APPLICANT'S  PREVIOUS  CRIMINAL  HISTORY,  IF
 ANY,  OR A STATEMENT THAT THE APPLICANT HAS NO PREVIOUS CRIMINAL HISTORY
 ACCORDING TO ITS FILES.  FINGERPRINTS SUBMITTED TO THE DIVISION PURSUANT
 TO THIS SUBDIVISION MAY ALSO BE  SUBMITTED  TO  THE  FEDERAL  BUREAU  OF
 INVESTIGATION  FOR  A  NATIONAL CRIMINAL HISTORY RECORD CHECK.  IF ADDI-
 TIONAL COPIES OF FINGERPRINTS ARE REQUIRED, THE APPLICANT SHALL  FURNISH
 THEM  UPON REQUEST.   UPON RECEIPT OF SUCH CRIMINAL HISTORY INFORMATION,
 THE AUTHORITY OR THE REQUESTING AFFILIATE OR  SUBSIDIARY  SHALL  PROVIDE
 SUCH APPLICANT WITH A COPY OF SUCH CRIMINAL HISTORY INFORMATION, TOGETH-
 ER  WITH  A  COPY  OF  ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, AND
 INFORM SUCH APPLICANT OF HIS OR HER RIGHT  TO  SEEK  CORRECTION  OF  ANY
 INCORRECT  INFORMATION  CONTAINED  IN  SUCH CRIMINAL HISTORY INFORMATION
 PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES.  THE AUTHORITY OR THE REQUESTING AFFILIATE OR
 SUBSIDIARY  SHALL ENSURE THAT ADEQUATE NOTICE BE PROVIDED TO SUCH APPLI-
 CANT REGARDING THE FACT THAT STATE AND NATIONAL CRIMINAL HISTORY  RECORD
 CHECKS  MAY BE CONDUCTED. THIS PROVISION SHALL NOT PRECLUDE OR ALTER THE
 PROCESS BY WHICH  A  MUNICIPAL  CIVIL  SERVICE  COMMISSION  OBTAINS  AND
 PROVIDES  BACKGROUND INFORMATION PURSUANT TO SUBDIVISION FOUR OF SECTION
 FIFTY OF THE CIVIL SERVICE LAW RELATING TO APPLICANTS FOR CIVIL  SERVICE
 APPOINTMENTS  AT  THE NEW YORK CITY TRANSIT AUTHORITY AND THE TRIBOROUGH
 BRIDGE AND TUNNEL AUTHORITY.
   § 2. This act shall take effect immediately.