S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5634
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05539-01-3
              

 A. 5634                             2
 
 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.