Assembly Bill A8040

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

                                  8040

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced  by M. of A. LINARES, CRESPO, RAMOS, PICHARDO, ARROYO, ROZIC,
  SEPULVEDA, DAVILA, DILAN, RIVERA, MOYA, RODRIGUEZ  --  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-
ment of employees in an occupational group, based on their acquiring, as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09986-01-5
              

A. 8040                             2

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.