NY State Senate Bill 2025-S8386

Senate Bill S8386

2025-2026 Legislative Session

Authorizes federal fingerprint background checks for certain MTA and New York transit authority applicants for employment

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2025	referred to rules

2025-S8386 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1266 & 1203-a, Pub Auth L

2025-S8386 (ACTIVE) - Summary

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

2025-S8386 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8386

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to authorizing
federal fingerprint background checks for certain MTA and New York tran-
sit authority applicants for employment

 
PURPOSE OF THE BILL:

This bill will amend PAL 1266(19) and add subsection (12) to PAL 1203-a
to authorize federal fingerprinting for criminal record background
checks for certain MTA Bus and MaBSTOA applicants for employment.
Section 1266(19) was written to allow the Div. of Criminal Justice
Services and the MTA to work with the FBI to obtain the required back-
ground checks. However, the FBI requires more specificity in this stat-
ute. The proposed amendments would clarify which entity is seeking the
background check for a particular applicant and would clarify that only
titles that perform safety sensitive functions are covered.

 
SUMMARY OF PROVISIONS:

Amended sections 1266(19) and new section 1203-a(12) would provide that
only applicants for MTA Bus and MaBSTOA positions in a title that
performs safety-sensitive functions would be subject to being finger-
printed for a state and national criminal history check, and to define
safety -sensitive functions for the purpose of these sections.

 
JUSTIFICATION:

Prior to 2020, all applicants for employment with the Transit Authority,
MTA Bus and MaBSTOA were fingerprinted for background checks. All prints
were sent to NYCDCAS who, in turn, sent the prints to DCJS. DCJS
responded with conviction histories from the state database and the FBI
database. In about 2020, DCAS determined that it could not continue
doing this for MTA Bus and MaBSTOA applicants.  Section 1266(19) was
enacted in 2021 to authorize MTA Bus and MaBSTOA to provide fingerprints
directly to DCJS for state and federal background checks.

The FBI conducted a review of section 1266(19) and stated that "As a
matter of information, since 1972, the FBI, with assistance of the
United States Department of Justice, has determined the parameters of
Pub. L. 92-544. The criteria are as follows:

a. The statute must exist as a results of a legislative enactment;

b. It must require the fingerprinting of applicants who are to be
subjected to a national criminal history background check;

c. It must expressly or by implication authorize the use of FBI records
for the screening of applicants;

d. It must identify the specific category of applicants/licensees fall-
ing within its purview, thereby avoiding overbreadth;

e. It must not be against public policy; and

f. It must not authorize receipt of the CHRI by a private entity."
However, the FBI indicated that new Section 1266(19) was not sufficient-
ly specific about the scope of which applicants are subject to finger-
printing or the entity that would seek a background check for particular
applicants.

Based on the issues identified by the FBI and the criteria provided, the
proposed amended section 1266(19) and new section 1203-a(12) are
required.

The Division of Criminal Justice Services provided feedback on this bill
which has been incorporated into the revised version.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8386 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8386
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Subdivision 19 of section 1266 of  the  public  authorities
 law,  as added by chapter 261 of the laws of 2021, is amended to read as
 follows:
   19. (A) In connection with their lawful responsibilities or  functions
 UNDER  THIS  SECTION, THE MTA BUS COMPANY, A SUBSIDIARY OF 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 sensi-
 tive position. When  requested,  such  applicant  shall  submit  to  the
 authority  or  the requesting affiliate or subsidiary his or her finger-
 prints in such form and in such manner as specified by the division, for
 the purpose of conducting a criminal history search identifying criminal
 convictions and pending criminal charges and returning a report  thereon
 in  accordance  with  the procedures and requirements established by the
 division pursuant to the provisions of article thirty-five of the execu-
 tive 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 fingerprints and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09975-01-5

 S. 8386                             2

 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 additional copies of
 fingerprints  are  required,  the  applicant  shall  furnish  them  upon
 request. Upon receipt of such criminal history information, the authori-
 ty  or  the requesting affiliate or subsidiary shall provide such appli-
 cant with a copy of such criminal history information, together  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 infor-
 mation contained in such criminal history information pursuant to  regu-
 lations  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 applicant 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  back-
 ground  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.], IS AUTHORIZED TO REQUIRE APPLICANTS  FOR  EMPLOYMENT
 TO  A  TITLE THAT PERFORMS SAFETY SENSITIVE FUNCTIONS TO UNDERGO A STATE
 AND NATIONAL CRIMINAL HISTORY RECORD CHECK. WHEN REQUIRED,  THE  FINGER-
 PRINTS OF SUCH AN APPLICANT SHALL BE SUBMITTED TO THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES AND THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
 SUBMIT  SUCH  FINGERPRINTS  TO  THE  FEDERAL BUREAU OF INVESTIGATION, IN
 ACCORDANCE WITH APPLICABLE RULES  OR  REGULATIONS  PROMULGATED  BY  SUCH
 ENTITIES,  IN  ORDER  TO  OBTAIN  RELEVANT STATE CRIMINAL HISTORY RECORD
 INFORMATION, IF ANY, CONCERNING SUCH APPLICANT AND FOR A NATIONAL CRIMI-
 NAL HISTORY RECORD CHECK. THE MTA BUS COMPANY SHALL ENSURE THAT ADEQUATE
 NOTICE IS PROVIDED TO APPLICANTS  REGARDING  THE  FACT  THAT  STATE  AND
 NATIONAL  CRIMINAL  HISTORY  RECORD  CHECKS  WILL  BE CONDUCTED, AND THE
 PROCEDURES THEREFOR. THE RESULTS OF SUCH  STATE  AND  NATIONAL  CRIMINAL
 RECORDS  SEARCHES SHALL BE PROVIDED TO THE MTA BUS COMPANY. UPON RECEIPT
 OF SUCH CRIMINAL HISTORY RECORD  INFORMATION,  THE  APPLICANT  SHALL  BE
 PROVIDED  WITH  A  COPY  OF  SUCH  CRIMINAL  HISTORY RECORD INFORMATION,
 TOGETHER WITH A COPY OF ARTICLE TWENTY-THREE-A OF  THE  CORRECTION  LAW,
 AND  SUCH  APPLICANT SHALL BE INFORMED OF SUCH APPLICANT'S RIGHT TO SEEK
 CORRECTION OF ANY  INCORRECT  INFORMATION  CONTAINED  IN  SUCH  CRIMINAL
 HISTORY RECORD INFORMATION PURSUANT TO REGULATIONS AND PROCEDURES ESTAB-
 LISHED  BY  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES. 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 TRANS-
 IT AUTHORITY AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I) "SAFETY SENSITIVE FUNCTION" MEANS ANY OF THE FOLLOWING FUNCTIONS:
   (1) OPERATING A REVENUE SERVICE VEHICLE, INCLUDING WHEN NOT IN REVENUE
 SERVICE;
   (2) OPERATING A NONREVENUE SERVICE VEHICLE, WHEN REQUIRED TO BE  OPER-
 ATED BY A HOLDER OF A COMMERCIAL DRIVER'S LICENSE;
 S. 8386                             3
 
   (3) CONTROLLING DISPATCH OR MOVEMENT OF A REVENUE SERVICE VEHICLE; OR
   (4) MAINTAINING (INCLUDING REPAIRS, OVERHAUL AND REBUILDING) A REVENUE
 SERVICE VEHICLE OR EQUIPMENT USED IN REVENUE SERVICE.
   (II)  "VEHICLE"  MEANS  A BUS, VAN, AUTOMOBILE, RAIL CAR, TROLLEY CAR,
 TROLLEY BUS, OR VESSEL.
   § 2. Section 1203-a of the public authorities law is amended by adding
 a new subdivision 12 to read as follows:
   12. (A) IN CONNECTION WITH THEIR LAWFUL RESPONSIBILITIES OR  FUNCTIONS
 UNDER  THIS  SECTION,  THE MANHATTAN AND BRONX SURFACE TRANSIT OPERATING
 AUTHORITY, A SUBSIDIARY OF THE  NEW  YORK  CITY  TRANSIT  AUTHORITY,  IS
 AUTHORIZED TO REQUIRE APPLICANTS FOR EMPLOYMENT TO A TITLE THAT PERFORMS
 SAFETY  SENSITIVE  FUNCTIONS  TO  UNDERGO  A STATE AND NATIONAL CRIMINAL
 HISTORY RECORD CHECK.  WHEN REQUIRED, THE FINGERPRINTS OF SUCH AN APPLI-
 CANT SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SUBMIT SUCH FINGERPRINTS
 TO THE FEDERAL BUREAU OF INVESTIGATION, IN  ACCORDANCE  WITH  APPLICABLE
 RULES  OR  REGULATIONS  PROMULGATED BY SUCH ENTITIES, IN ORDER TO OBTAIN
 RELEVANT STATE CRIMINAL HISTORY RECORD INFORMATION, IF  ANY,  CONCERNING
 SUCH  APPLICANT  AND  FOR  A NATIONAL CRIMINAL HISTORY RECORD CHECK. THE
 MANHATTAN AND BRONX SURFACE TRANSIT  OPERATING  AUTHORITY  SHALL  ENSURE
 THAT  ADEQUATE  NOTICE IS PROVIDED TO APPLICANTS REGARDING THE FACT THAT
 STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS WILL BE CONDUCTED, AND
 THE PROCEDURES THEREFOR. THE RESULTS OF SUCH STATE AND NATIONAL CRIMINAL
 RECORDS SEARCHES SHALL BE PROVIDED TO THE MANHATTAN  AND  BRONX  SURFACE
 TRANSIT  OPERATING  AUTHORITY.  UPON  RECEIPT  OF  SUCH CRIMINAL HISTORY
 RECORD INFORMATION, THE APPLICANT SHALL BE PROVIDED WITH A COPY OF  SUCH
 CRIMINAL  HISTORY  RECORD  INFORMATION,  TOGETHER WITH A COPY OF ARTICLE
 TWENTY-THREE-A OF THE  CORRECTION  LAW,  AND  SUCH  APPLICANT  SHALL  BE
 INFORMED  OF  SUCH APPLICANT'S RIGHT TO SEEK CORRECTION OF ANY INCORRECT
 INFORMATION CONTAINED IN SUCH CRIMINAL HISTORY RECORD INFORMATION PURSU-
 ANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF  CRIMI-
 NAL  JUSTICE  SERVICES.  SUCH  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.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I) "SAFETY SENSITIVE FUNCTION" MEANS ANY OF THE FOLLOWING FUNCTIONS:
   (1) OPERATING A REVENUE SERVICE VEHICLE, INCLUDING WHEN NOT IN REVENUE
 SERVICE;
   (2)  OPERATING A NONREVENUE SERVICE VEHICLE, WHEN REQUIRED TO BE OPER-
 ATED BY A HOLDER OF A COMMERCIAL DRIVER'S LICENSE;
   (3) CONTROLLING DISPATCH OR MOVEMENT OF A REVENUE SERVICE VEHICLE; OR
   (4) MAINTAINING (INCLUDING REPAIRS, OVERHAUL AND REBUILDING) A REVENUE
 SERVICE VEHICLE OR EQUIPMENT USED IN REVENUE SERVICE.
   (II) "VEHICLE" MEANS A BUS, VAN, AUTOMOBILE, RAIL  CAR,  TROLLEY  CAR,
 TROLLEY BUS, OR VESSEL.
   § 3. This act shall take effect immediately.

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