S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7648

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A. P. RIVERA, POWELL, ORTIZ, J. RIVERA, PERALTA,
  ARROYO, N. RIVERA, DIAZ, ESPAILLAT, RAMOS, GREENE  --  Multi-Sponsored
  by  --  M. of A. AUBRY, BOYLAND, COOK, FARRELL, PERRY -- 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, requiring the establishment  of  career  ladders  for  persons
  holding  such  positions, requiring establishment of supervisory posi-
  tions for persons  required  to  have  foreign  language  skills,  and
  requiring  the  department  of civil service to annually report to the
  governor and the legislature on persons in state service holding posi-
  tions requiring foreign language skills

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 121 of the civil service law is amended by adding a
new subdivision 2-a to read as follows:
  2-A.  POSITIONS REQUIRING FOREIGN LANGUAGE SKILLS. THE DIRECTOR OF THE
CLASSIFICATION AND COMPENSATION DIVISION  SHALL  CLASSIFY  ANY  POSITION
REQUIRING  FOREIGN  LANGUAGE  SKILLS TO BE PAID A DIFFERENTIAL AS DETER-
MINED BY THE DIRECTOR  FOR  PERMANENT  COMPETITIVE  AND  NON-COMPETITIVE
EMPLOYEES  IN  A  LANGUAGE PARENTHETICS TITLE OR IN A POSITION WHERE THE
DUTIES REQUIRE THEM TO USE A FOREIGN LANGUAGE. IN ADDITION SUCH DIRECTOR
SHALL ESTABLISH AND CLASSIFY SUPERVISORY POSITIONS FOR EMPLOYEES WHO ARE
REQUIRED TO HAVE FOREIGN LANGUAGE  SKILLS  SUCH  THAT  SUCH  PERSONS  IN
SUPERVISORY  POSITIONS  ARE  ADEQUATELY  COMPENSATED  FOR THEIR LANGUAGE
SKILLS AND EXPERIENCE, AND WHO ARE ABLE  TO  EFFECTIVELY  SUPERVISE  AND
EVALUATE PERSONS HOLDING POSITIONS REQUIRING FOREIGN LANGUAGE SKILLS.
  S  2.  Subdivision 5 of section 121 of the civil service law, as added
by chapter 907 of the laws of 1971, is amended to read as follows:
  5. Career ladders. The director of the classification and compensation
division may, in order to implement a plan for the progressive  advance-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10377-01-9
              

A. 7648                             2

ment of employees in an occupational group, based on their acquiring, as
prescribed  by  such director, of either training or experience or both,
reclassify the positions of the incumbents who meet the prescribed qual-
ifications  to titles allocated to higher salary grades. The advancement
of an incumbent pursuant to this subdivision is not, and is  not  to  be
deemed,  a  reallocation. THE DIRECTOR OF THE CLASSIFICATION AND COMPEN-
SATION DIVISION SHALL, IN ORDER TO PROVIDE FOR THE PROGRESSIVE  ADVANCE-
MENT  OF  EMPLOYEES  IN  AN OCCUPATIONAL GROUP WHO WERE REQUIRED TO HAVE
FOREIGN LANGUAGE SKILLS, RECLASSIFY AND PROMOTE SUCH EMPLOYEES TO HIGHER
POSITIONS AND SALARY GRADES.
  S 3. The civil service law is amended by adding a new section  124  to
read as follows:
  S  124. REPORTS; FOREIGN LANGUAGE SKILLS. THE DEPARTMENT SHALL ANNUAL-
LY, ON OR BEFORE THE FIRST OF MARCH, REPORT  TO  THE  GOVERNOR  AND  THE
LEGISLATURE  ON  EMPLOYEES  IN  STATE  SERVICE  WHO ARE REQUIRED TO HAVE
FOREIGN LANGUAGE SKILLS. SUCH REPORT SHALL INCLUDE, BUT NOT  BE  LIMITED
TO:
  1. THE NUMBER OF EMPLOYEES REQUIRED TO HAVE FOREIGN LANGUAGE SKILLS;
  2. THE SALARIES PAID TO SUCH EMPLOYEES;
  3.  THE STATE AGENCY EMPLOYING SUCH EMPLOYEES AND THE LOCATION OF SUCH
AGENCY;
  4. THE GENDER OF SUCH EMPLOYEES;
  5. THE ETHNICITIES OF SUCH EMPLOYEES;
  6. THE NUMBER OF SUCH EMPLOYEES TAKING  EXAMS  FOR  SUPERVISORY  POSI-
TIONS;
  7.  THE  EXAMS  FOR  POSITIONS  WHICH  DO NOT REQUIRE FOREIGN LANGUAGE
SKILLS WHICH ARE MADE AVAILABLE TO SUCH EMPLOYEES; AND
  8. THE NUMBER OF SUCH EMPLOYEES WHO HAVE BEEN  ADVANCED  TO  POSITIONS
WHICH DO NOT REQUIRE FOREIGN LANGUAGE SKILLS.
  S  4.  Subdivision 2 of section 130 of the civil service law, as added
by chapter 307 of the laws of 1979, is amended to read as follows:
  2. Allocation of positions.  All positions allocated pursuant to title
A of THIS article [eight of this  chapter]  shall  be  allocated  to  an
appropriate  salary  grade  as  prescribed  in  subdivision  one of this
section, and all positions in a promotional series shall be allocated to
salary grades which properly reflect the varying degrees of responsibil-
ities and duties to be performed,  and  training  AND  FOREIGN  LANGUAGE
SKILLS required.
  S  5.  This act shall take effect immediately; except that section two
of this act shall take effect on the one hundred eightieth day after  it
shall  have become a law; provided that any rules and regulations neces-
sary to implement the provisions of such section on or before the effec-
tive date thereof are authorized and directed  to  be  completed  on  or
before such date.