S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3368
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by M. of A. LAVINE, LEVENBERG, SEAWRIGHT, SIMON -- 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.
                                                            LBD07196-01-5
 A. 3368                             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.