Bill Text: NY A05634 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to compensation paid to persons employed in positions requiring foreign language skills; establishes career ladders for persons holding such positions; establishes supervisory positions for persons required to have foreign language skills.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-01-03 - referred to ways and means [A05634 Detail]
Download: New_York-2023-A05634-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5634 2023-2024 Regular Sessions IN ASSEMBLY March 20, 2023 ___________ Introduced by M. of A. REYES, LAVINE, TAYLOR, AUBRY, CRUZ -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to the compensation paid to persons employed in positions requiring foreign language skills and directing the department of civil service to conduct a study on certain job titles that require proficiency in a language other than English The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 130 of the civil service law is amended by adding a 2 new subdivision 15 to read as follows: 3 15. Whenever the director finds that under prevailing wage practices 4 in private or other public employment in the state, employees in a given 5 occupation who are required to be proficient in a language other than 6 English receive a higher rate of pay than employees in the same occupa- 7 tion who are not required to be proficient in a language other than 8 English, the director may, subject to the approval of the director of 9 the budget, establish a pay differential for titles that require profi- 10 ciency in a language other than English. Such differential shall be in 11 addition to an employee's basic salary and shall not affect, impair or 12 impede any performance advance payments, performance awards, longevity 13 payments or other rights or benefits to which an employee may be enti- 14 tled under the provisions of this chapter, provided, however, that any 15 differential payable pursuant to this subdivision shall be included as 16 compensation for retirement purposes. A pay differential shall be termi- 17 nated for any employee when the employee ceases to be employed in the 18 position for which such pay differential was authorized. A pay differen- 19 tial shall remain in effect until terminated by the director of the 20 classification and compensation division with the consent of the direc- 21 tor of the budget or until a new pay differential is authorized pursuant 22 to this subdivision. The director shall be authorized to determine how EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05539-01-3A. 5634 2 1 such differential shall be paid, subject to the approval of the director 2 of the budget. The director of the budget may adopt such regulations as 3 he or she may deem necessary to carry out the provisions of this subdi- 4 vision. 5 § 2. The department of civil service is hereby directed to conduct a 6 study and publish a report on titles in the state service that require 7 proficiency in a language other than English. The study and report shall 8 include, but not be limited to: 9 1. the number of employees in titles that require proficiency in a 10 language other than English and the appointment type held by such 11 employees; 12 2. the jurisdictional classification of such titles; 13 3. the salary grades and allocations of such titles; 14 4. a determination of whether the current salary allocations for each 15 title adequately reflect the title's responsibilities and duties; 16 5. whether any changes should be made to the current descriptions of 17 such titles to reflect more accurately the actual duties of such titles; 18 6. the gender and race/ethnicity identification of the employees in 19 such titles; 20 7. a list of state offices and/or departments with employees in such 21 titles and the location of such titles; 22 8. the number of times that examinations are held for appointment or 23 promotion into titles that require proficiency in a language other than 24 English in the past five years; 25 9. the number of individuals that have taken examinations for appoint- 26 ment or promotion into titles that require proficiency in a language 27 other than English in the past five years; 28 10. the number of times that existing employees in titles that require 29 proficiency in a language other than English transferred or were 30 promoted to a different title within the past five years; and 31 11. a determination of whether there are sufficient career mobility 32 opportunities in the state service for individuals employed in titles 33 that require proficiency in a language other than English. 34 § 3. For the purposes of this act, every public employer as defined in 35 this section shall provide all requested assistance and information to 36 the department of civil service in conducting the study required by this 37 act. It shall be the duty of each officer of the public employer to 38 comply with and aid in all proper ways in carrying into effect the 39 provisions of this study. For the purposes of this act, the term "public 40 employer" shall mean those employers with offices and positions in the 41 classified service of the state and the term "classified service" shall 42 have the same meaning as in section 40 of the civil service law. 43 § 4. The department of civil service shall submit such published 44 report pursuant to section two of this act to the speaker of the assem- 45 bly, the minority leader of the assembly, the temporary president of the 46 senate, the minority leader of the senate, and the governor's office of 47 employee relations no later than one year after the effective date of 48 this act. 49 § 5. This act shall take effect immediately.
