NY State Senate Bill 2023-S6888

Senate Bill S6888

2023-2024 Legislative Session

Relates to compensation paid to persons employed in positions requiring foreign language skills

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to civil service and pensions
May 12, 2023	referred to civil service and pensions

2023-S6888 (ACTIVE) - Details

See Assembly Version of this Bill:: A5634
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §130, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8574
2021-2022: S4852, A1406

2023-S6888 (ACTIVE) - Summary

Relates to compensation paid to persons employed in positions requiring foreign language skills; establishes career ladders for persons holding such positions; establishes supervisory positions for persons required to have foreign language skills.

2023-S6888 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6888

SPONSOR: MARTINEZ
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to provide appropriate compensation to indi-
viduals employed in positions requiring the use of specialized skills
including proficiency in a language other than English.

 
SUMMARY OF PROVISIONS:

Section 1. authorizes the Director of Classification and Compensation to
establish a pay differential, subject to approval from the Director of
Budget, for job titles that require specialized skill, ability, train-

ing, or knowledge including proficiency in a language other than
English.

Section 2. instructs the director to conduct a study evaluating job
titles that require proficiency in a language other than English.

Section 3. requires each public employer to provide all requested infor-
mation and assistance to the department of civil service for the
completion of the study.

Section 4. requires the department of Civil Service to submit a report
of its findings to the speaker of the assembly, 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 of the effective date.

Section 5. is the enacting clause.

 
JUSTIFICATION:

New York's multilingual civil servants play a critical role in the Civil
Service system, yet they are often not recognized for their valuable
skills. These employees must have proficiency in multiple languages, but
they are not properly compensated for their abilities.  Additionally,
they face limited opportunities for professional growth and development.

The lack of recognition and advancement opportunities has resulted in a
high turnover rate among these employees, creating a shortage of valu-
able resources. To ensure that these employees receive the recognition
and compensation they deserve, this legislation proposes creating a
language parenthetical supervisory title and requiring a pay differen-
tial for employees with multi-language skills.

Furthermore, the current lack of supervisory job titles for these work-
ers has prevented them from advancing in their careers. This bill will
establish a pathway for promotion within their field and provide them
with the necessary support to further develop their language skills.
The current supervisors in these positions are not required to be multi-
lingual, which creates a significant challenge for effective communi-
cation and work quality. By creating language parenthetical supervisory
titles, this bill ensures that supervisors have the necessary language
skills to oversee the work of these employees.

This legislation will address the systemic discrimination faced by
multilingual civil servants by providing them with fair compensation and
career advancement opportunities. Additionally, the bill includes
reporting mechanisms to provide legislative oversight and address any
future issues that may arise. Ultimately, this legislation will create a
more equitable and inclusive Civil Service system in New York.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6888 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6888
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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

 S. 6888                             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.

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