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.

Statutes affected:
S8386: 1266 public authorities law, 1266(19) public authorities law, 1203-a public authorities law