S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1406--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. REYES, LAVINE, TAYLOR, AUBRY, CRUZ, NIOU -- read
   once and referred to the Committee on Governmental Employees -- recom-
   mitted to the Committee on Governmental Employees in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 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:
 
   Section 1. Section 130 of the civil service law is amended by adding a
 new subdivision 15 to read as follows:
   15. WHENEVER THE DIRECTOR FINDS THAT UNDER PREVAILING  WAGE  PRACTICES
 IN PRIVATE OR OTHER PUBLIC EMPLOYMENT IN THE STATE, EMPLOYEES IN A GIVEN
 OCCUPATION  WHO  ARE  REQUIRED TO BE PROFICIENT IN A LANGUAGE OTHER THAN
 ENGLISH RECEIVE A HIGHER RATE OF PAY THAN EMPLOYEES IN THE SAME  OCCUPA-
 TION  WHO  ARE  NOT  REQUIRED  TO BE PROFICIENT IN A LANGUAGE OTHER THAN
 ENGLISH, THE DIRECTOR MAY, SUBJECT TO THE APPROVAL OF  THE  DIRECTOR  OF
 THE  BUDGET, ESTABLISH A PAY DIFFERENTIAL FOR TITLES THAT REQUIRE PROFI-
 CIENCY IN A LANGUAGE OTHER THAN ENGLISH.  SUCH DIFFERENTIAL SHALL BE  IN
 ADDITION  TO  AN EMPLOYEE'S BASIC SALARY AND SHALL NOT AFFECT, IMPAIR OR
 IMPEDE ANY PERFORMANCE ADVANCE PAYMENTS, PERFORMANCE  AWARDS,  LONGEVITY
 PAYMENTS  OR  OTHER RIGHTS OR BENEFITS TO WHICH AN EMPLOYEE MAY BE ENTI-
 TLED UNDER THE PROVISIONS OF THIS CHAPTER, PROVIDED, HOWEVER,  THAT  ANY
 DIFFERENTIAL  PAYABLE  PURSUANT TO THIS SUBDIVISION SHALL BE INCLUDED AS
 COMPENSATION FOR RETIREMENT PURPOSES. A PAY DIFFERENTIAL SHALL BE TERMI-
 NATED FOR ANY EMPLOYEE WHEN THE EMPLOYEE CEASES TO BE  EMPLOYED  IN  THE
 POSITION FOR WHICH SUCH PAY DIFFERENTIAL WAS AUTHORIZED. A PAY DIFFEREN-
 TIAL  SHALL  REMAIN  IN  EFFECT  UNTIL TERMINATED BY THE DIRECTOR OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00098-02-2
              

 A. 1406--A                          2
 
 CLASSIFICATION AND COMPENSATION DIVISION WITH THE CONSENT OF THE  DIREC-
 TOR OF THE BUDGET OR UNTIL A NEW PAY DIFFERENTIAL IS AUTHORIZED PURSUANT
 TO  THIS  SUBDIVISION. THE DIRECTOR SHALL BE AUTHORIZED TO DETERMINE HOW
 SUCH DIFFERENTIAL SHALL BE PAID, SUBJECT TO THE APPROVAL OF THE DIRECTOR
 OF  THE BUDGET. THE DIRECTOR OF THE BUDGET MAY ADOPT SUCH REGULATIONS AS
 HE OR SHE MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS  SUBDI-
 VISION.
   §  2.  The department of civil service is hereby directed to conduct a
 study and publish a report on titles in the state service  that  require
 proficiency in a language other than English. The study and report shall
 include, but not be limited to:
   1.  the  number  of  employees in titles that require proficiency in a
 language other than English  and  the  appointment  type  held  by  such
 employees;
   2. the jurisdictional classification of such titles;
   3. the salary grades and allocations of such titles;
   4.  a determination of whether the current salary allocations for each
 title adequately reflect the title's responsibilities and duties;
   5. whether any changes should be made to the current  descriptions  of
 such titles to reflect more accurately the actual duties of such titles;
   6.  the  gender  and race/ethnicity identification of the employees in
 such titles;
   7. a list of state offices and/or departments with employees  in  such
 titles and the location of such titles;
   8.  the  number of times that examinations are held for appointment or
 promotion into titles that require proficiency in a language other  than
 English in the past five years;
   9. the number of individuals that have taken examinations for appoint-
 ment  or  promotion  into  titles that require proficiency in a language
 other than English in the past five years;
   10. the number of times that existing employees in titles that require
 proficiency in  a  language  other  than  English  transferred  or  were
 promoted to a different title within the past five years; and
   11.  a  determination  of whether there are sufficient career mobility
 opportunities in the state service for individuals  employed  in  titles
 that require proficiency in a language other than English.
   § 3. For the purposes of this act, every public employer as defined in
 this  section  shall provide all requested assistance and information to
 the department of civil service in conducting the study required by this
 act. It shall be the duty of each officer  of  the  public  employer  to
 comply  with  and  aid  in  all  proper ways in carrying into effect the
 provisions of this study. For the purposes of this act, the term "public
 employer" shall mean those employers with offices and positions  in  the
 classified  service of the state and the term "classified service" shall
 have the same meaning as in section 40 of the civil service law.
   § 4. The department of  civil  service  shall  submit  such  published
 report  pursuant to section two of this act to the speaker of the assem-
 bly, the minority leader of the assembly, the temporary president of the
 senate, the minority leader of the senate, and the governor's office  of
 employee  relations  no  later than one year after the effective date of
 this act.
   § 5. This act shall take effect immediately.