Assembly Bill A8574A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8574
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced  by M. of A. REYES -- 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.
   §  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
 prescribed  by  such director, of either training or experience or both,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13592-01-9

 A. 8574                             2
 
 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.
   § 3. The civil service law is amended by adding a new section  124  to
 read as follows:
   §  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.
   §  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.
   §  5.  This act shall take effect immediately; provided, however, that
 section two of this act shall take effect on the one  hundred  eightieth
 day  after it shall have become a law.  Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.