NY State Senate Bill 2021-S6712A

Senate Bill S6712A

Signed By Governor

2021-2022 Legislative Session

Authorizes the metropolitan transportation authority and its subsidiaries to fingerprint applicants for employment and to obtain criminal histories of such applicants

download bill text pdf

Archive: Last Bill Status Via A7578 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2021	signed chap.261
Jul 12, 2021	delivered to governor
Jun 10, 2021	returned to assembly passed senate 3rd reading cal.1764 substituted for s6712a
Jun 10, 2021	substituted by a7578a ordered to third reading cal.1764 committee discharged and committed to rules
Jun 07, 2021	print number 6712a
Jun 07, 2021	amend and recommit to transportation
May 12, 2021	referred to transportation

Votes

- Jun 10, 2021 - Floor Vote
  A7578
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 10, 2021 - Rules Committee Vote
  S6712A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Ortt

Bill Amendments

Original

A (Active)

2021-S6712 - Details

See Assembly Version of this Bill:: A7578
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266, Pub Auth L

2021-S6712 - Summary

Authorizes the metropolitan transportation authority and its subsidiaries to fingerprint applicants for employment; authorizes such authority and subsidiaries to submit such fingerprints to the division of criminal justice services to obtain criminal histories of such applicants.

2021-S6712 - Sponsor Memo

                                
 
BILL NUMBER: S6712

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to authorizing
the metropolitan transportation authority and its subsidiaries to fing-
erprint applicants for employment and to obtain criminal histories of
such applicants

 
PURPOSE:

To ensure that the MTA and its operating agencies can effectively check
the criminal records of job applicants for bus operators and other safe-
ty sensitive positions.

 
SUMMARY OF PROVISIONS:

Section one adds a new subdivision 19 to section 1266 to the Public
Authorities Law, authorizing the MTA and its operating agencies to
submit to the Division of Criminal Justice Services (DCJS) fingerprints

of job applicants in order to obtain state and national criminal history
record information.

Section two provides the effective date.

 
JUSTIFICATION:

Pursuant to section 509-C of the Vehicle and Traffic Law (VTL), the MTA
and its operating agencies must review conviction histories of all
applicants for the position of bus operator, and also must conduct back-
ground checks of other applicants for employment. Until recently, New
York City Transit's (NYCT) Human Resources Department fingerprinted most
applicants for employment by NYCT, the Manhattan and Bronx Surface Tran-
sit Operating Authority (MaBSTOA), and MTA Bus.  The prints were then
forwarded to the City's Department of Citywide Administrative Services
(DCAS) and the criminal history records were obtained from the Division
of Criminal Justice Services (DCJS) for review.

As of December 2020, DCAS will only accept fingerprints for NYCT appli-
cants. As a result, the MTA and its operating agencies are struggling to
effectively review other job applicants. DCAS is responsible for compet-
itive and non-competitive civil service applications, tests, and certi-
fying lists in New York City. Section 50(4) of the Civil Service Law
expressly provides authority for DCAS to do so. MTA Bus and MaBSTOA are
not part of the civil service system, as is NYCT.

Without access to criminal histories of applicants for MTA Bus and
MaBSTOA bus operator positions, the ability to effectively enforce
section 509-C of the VTL has been severely diminished. The MTA had
proposed to DCJS an agreement allowing the MTA to send these job appli-
cants' fingerprints directly to DCJS. But DCJS stated that state agen-
cies or public authorities must have express statutory authority to
submit fingerprints to DCJS in order to obtain criminal history records.
DCAS has such authority; the MTA and its operating agencies do not.

This legislation will correct this discrepancy by amending the Public
Authorities Law, allowing the MTA and its operating agencies to submit
to DCJS fingerprints of job applicants for safety sensitive positions
for the purposes of obtaining state and national criminal history record
information.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6712 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6712
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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, MAY  REQUIRE  APPLICANTS  FOR
 SAFETY SENSITIVE POSITIONS AND OTHER POSITIONS WHERE ACCESS TO SENSITIVE
 SECURITY,  FINANCIAL  OR PERSONAL INFORMATION IS REQUIRED AS A MATTER OF
 BUSINESS NECESSITY TO UNDERGO A STATE AND A  NATIONAL  CRIMINAL  HISTORY
 RECORD  CHECK  USING  FINGERPRINTING. WHEN REQUIRED, THE FINGERPRINTS OF
 SUCH APPLICANTS SHALL BE SUBMITTED TO THE DIVISION OF  CRIMINAL  JUSTICE
 SERVICES  AND  SUCH  DIVISION SHALL BE AUTHORIZED TO SUBMIT SUCH FINGER-
 PRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IN ACCORDANCE WITH APPLI-
 CABLE RULES OR REGULATIONS PROMULGATED BY SUCH  ENTITIES,  IN  ORDER  TO
 OBTAIN  RELEVANT  STATE  CRIMINAL  HISTORY  RECORD  INFORMATION, IF ANY,
 CONCERNING SUCH APPLICANTS AND FOR A NATIONAL  CRIMINAL  HISTORY  RECORD
 CHECK.  THE  AUTHORITY  SHALL ENSURE THAT ADEQUATE NOTICE BE PROVIDED TO
 SUCH APPLICANTS 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 COMMIS-
 SION OBTAINS AND PROVIDES BACKGROUND INFORMATION PURSUANT TO SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11304-01-1

 S. 6712                             2
 
 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.

2021-S6712A (ACTIVE) - Details

See Assembly Version of this Bill:: A7578
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266, Pub Auth L

2021-S6712A (ACTIVE) - Summary

2021-S6712A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6712A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to authorizing
the metropolitan transportation authority and its subsidiaries to fing-
erprint applicants for employment and to obtain criminal histories of
such applicants

 
PURPOSE:

To ensure that the MTA and its operating agencies can effectively check
the criminal records of job applicants for bus operators and other safe-
ty sensitive positions.

 
SUMMARY OF PROVISIONS:

Section one adds a new subdivision 19 to section 1266 to the Public
Authorities Law, authorizing the MTA and its operating agencies to
submit to the Division of Criminal Justice Services (DCJS) fingerprints

of job applicants in order to obtain state and national criminal history
record information.

Section two provides the effective date.

 
JUSTIFICATION:

Pursuant to section 509-C of the Vehicle and Traffic Law (VTL), the MTA
and its operating agencies must review conviction histories of all
applicants for the position of bus operator, and also must conduct back-
ground checks of other applicants for employment. Until recently, New
York City Transit's (NYCT) Human Resources Department fingerprinted most
applicants for employment by NYCT, the Manhattan and Bronx Surface Tran-
sit Operating Authority (MaBSTOA), and MTA Bus.  The prints were then
forwarded to the City's Department of Citywide Administrative Services
(DCAS) and the criminal history records were obtained from the Division
of Criminal Justice Services (DCJS) for review.

As of December 2020, DCAS will only accept fingerprints for NYCT appli-
cants. As a result, the MTA and its operating agencies are struggling to
effectively review other job applicants. DCAS is responsible for compet-
itive and non-competitive civil service applications, tests, and certi-
fying lists in New York City. Section 50(4) of the Civil Service Law
expressly provides authority for DCAS to do so. MTA Bus and MaBSTOA are
not part of the civil service system, as is NYCT.

Without access to criminal histories of applicants for MTA Bus and
MaBSTOA bus operator positions, the ability to effectively enforce
section 509-C of the VTL has been severely diminished. The MTA had
proposed to DCJS an agreement allowing the MTA to send these job appli-
cants' fingerprints directly to DCJS. But DCJS stated that state agen-
cies or public authorities must have express statutory authority to
submit fingerprints to DCJS in order to obtain criminal history records.
DCAS has such authority; the MTA and its operating agencies do not.

This legislation will correct this discrepancy by amending the Public
Authorities Law, allowing the MTA and its operating agencies to submit
to DCJS fingerprints of job applicants for safety sensitive positions
for the purposes of obtaining state and national criminal history record
information.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6712A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6712--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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.

                                                            LBD11304-05-1

 S. 6712--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.

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