S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7830
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Libraries and Education Technology
 
 AN  ACT  to  amend  the  education  law,  in relation to the practice of
   banning books by libraries
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 254 of the education law, as amended by chapter 718
 of the laws of 1981, is amended to read as follows:
   § 254. Standards  of  library service. 1. The regents shall have power
 to fix standards of library service for every free  association,  public
 and  hospital  library  or,  with  the  advice of the appropriate tribal
 government and library board of trustees, Indian library which  receives
 any  portion  of  the  moneys  appropriated  by  the  state  to aid such
 libraries, or which is supported in whole or in part by  tax  levied  by
 any  municipality  or  district.  In the case of a hospital library or a
 library serving a hospital,  such  standards  shall  be  established  in
 consultation  with the commissioner of health. If any such library shall
 fail to comply with the regents requirements,  such  library  shall  not
 receive  any  portion  of the moneys appropriated by the state for free,
 hospital or Indian libraries nor shall any tax be levied by any  munici-
 pality or district for the support in whole or in part of such library.
   2.  EVERY  FREE ASSOCIATION LIBRARY, PUBLIC LIBRARY, HOSPITAL LIBRARY,
 INDIAN LIBRARY AND LIBRARY SYSTEM WHICH RECEIVES ANY PORTION  OF  MONEYS
 APPROPRIATED BY THE STATE SHALL ADOPT THE AMERICAN LIBRARY ASSOCIATION'S
 LIBRARY BILL OF RIGHTS THAT INDICATES MATERIALS SHOULD NOT BE PROSCRIBED
 OR  REMOVED  BECAUSE  OF  PARTISAN  OR  DOCTRINAL DISAPPROVAL OR, IN THE
 ALTERNATIVE, DEVELOP A WRITTEN STATEMENT  PROHIBITING  THE  PRACTICE  OF
 BANNING BOOKS OR OTHER MATERIALS WITHIN THE LIBRARY OR LIBRARY SYSTEM.
   §  2.  Section  711  of  the  education law is amended by adding a new
 subdivision 5 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11697-01-3
 A. 7830                             2
              

 
   5. EACH SCHOOL DISTRICT, BOARD OF EDUCATION, TRUSTEES OR SUCH BODY  OR
 OFFICERS  AS PERFORM THE FUNCTIONS OF SUCH BOARDS SHALL ADOPT THE AMERI-
 CAN LIBRARY ASSOCIATION'S LIBRARY BILL OF RIGHTS THAT INDICATES  MATERI-
 ALS SHOULD NOT BE PROSCRIBED OR REMOVED BECAUSE OF PARTISAN OR DOCTRINAL
 DISAPPROVAL  OR, IN THE ALTERNATIVE, DEVELOP A WRITTEN STATEMENT PROHIB-
 ITING THE PRACTICE OF BANNING BOOKS OR OTHER MATERIALS WITHIN ANY SCHOOL
 LIBRARY WHICH RECEIVES AID FOR THE PURCHASE OF SCHOOL LIBRARY MATERIALS.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.