S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5464
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education  law,  in  relation  to  requirements  for
   library  material in public school libraries and public libraries; and
   to amend the executive law, in relation to prohibiting  discrimination
   against librarians for certain acts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "freedom to
 read act".
   § 2. Legislative intent. The legislature finds and declares that:
   (a) The freedom to read is a human right,  constitutionally  protected
 by  the  First Amendment of the United States Constitution, and individ-
 uals have the right to free inquiry and the  right  to  form  their  own
 opinions.
   (b) The freedom to read does not require a person to agree with topics
 or  themes within a material, but instead allows a reader to explore and
 engage with differing perspectives to form and inform their own views.
   (c) Since TINKER V. DES MOINES INDEP. CMTY. SCH.  DIST., 393 U.S.  503
 (1969),  it  has  been well established that students do not "shed their
 constitutional rights to freedom of speech or expression at the  school-
 house  gate"  and,  as  such,  students have a right to access a diverse
 range of age-relevant information, stories, perspectives, and ideas.
   (d) In BOARD OF EDUCATION V. PICO, 457 U.S.  853  (1982),  the  United
 States  Supreme  Court  recognized that school libraries are "completely
 voluntary on the part of students" a student's selection of books from a
 school library "is entirely a matter of  free  choice"  and  the  school
 library affords a student "an opportunity at self-education and individ-
 ual enrichment that is wholly optional."
   (e)  School  libraries  and public libraries, as centers for voluntary
 inquiry, play a unique role in promoting intellectual freedom, providing

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08435-01-5
              

 A. 5464                             2
 
 equitable access to  learning  resources,  and  promoting  democracy  by
 providing  service  to  all  regardless  of race, ethnicity, creed, age,
 ability, gender, or socio-economic status.
   (f)  School  library  media  specialists  and librarians are essential
 members of the community; as  trained  professionals,  they  help  young
 people  of  all backgrounds find and interpret the information they need
 to succeed in school and prepare for college, careers, and life.
   (g) School library media specialists and librarians receive  extensive
 professional   training   that  prepares  them  to  develop  and  curate
 collections designed to meet the broad and varied interests and needs of
 their communities and students, which is based on a variety of  factors,
 including  pedagogical value, student interest, and the age-appropriate-
 ness of the material.
   (h) Despite this, school library media specialists and librarians have
 been targeted, harassed, and defamed for providing young  people  access
 to library material.
   (i)  Therefore,  it  is  necessary  and  proper for the legislature to
 protect the  freedom  of  New  York's  residents  to  read,  for  school
 libraries and public libraries to acquire and maintain materials without
 external limitations, to recognize that school library media specialists
 and  librarians  are  trained  to curate and develop collections, and to
 protect school library media specialists and librarians from unnecessary
 and unwarranted harassment  and  defamation  for  performance  of  their
 duties.
   § 3. The education law is amended by adding two new sections 249-b and
 249-c to read as follows:
   § 249-B. REQUIREMENTS FOR LIBRARY MATERIAL IN PUBLIC SCHOOL LIBRARIES.
 1. AS USED IN THIS SECTION:
   (A) "DIVERSE AND INCLUSIVE MATERIAL" MEANS MATERIAL THAT:
   (I) REFLECTS ANY PROTECTED CLASS;
   (II)  MATERIAL  PRODUCED  BY  AN  AUTHOR  NOTWITHSTANDING THE AUTHOR'S
 MEMBERSHIP IN A PROTECTED CLASS; AND
   (III) MATERIAL THAT CONTAINS THE AUTHOR'S POINTS  OF  VIEW  CONCERNING
 CONTEMPORARY  PROBLEMS  AND  ISSUES,  WHETHER INTERNATIONAL, NATIONAL OR
 LOCAL.
   (B)  "EMOTIONAL  DISTRESS"  MEANS  SIGNIFICANT  MENTAL  SUFFERING   OR
 DISTRESS.
   (C)  "HARASSMENT" OR "HARASSES" MEANS A SINGULAR ACT THAT IS SEVERE OR
 PERVASIVE, OR A SERIES OF ACTS OVER ANY PERIOD OF  TIME  DIRECTED  AT  A
 SPECIFIC  PERSON  THAT  SERVES NO LEGITIMATE PURPOSE AND WOULD CAUSE, OR
 HAS CAUSED, A REASONABLE PERSON TO SUFFER EMOTIONAL DISTRESS.
   (D) "LIBRARY MATERIAL" MEANS ANY MATERIAL INCLUDING, BUT  NOT  LIMITED
 TO, NONFICTION AND FICTION BOOKS; MAGAZINES; REFERENCE BOOKS; SUPPLEMEN-
 TARY TITLES; MULTIMEDIA AND DIGITAL MATERIAL; SOFTWARE AND INSTRUCTIONAL
 MATERIAL  AND  OTHER MATERIAL NOT REQUIRED AS PART OF CLASSROOM INSTRUC-
 TION, BELONGING TO, ON LOAN TO, OR OTHERWISE IN THE CUSTODY OF A  SCHOOL
 LIBRARY.
   (E) "PROTECTED CLASS" MEANS:
   (I)  ANY  PROTECTED  CLASS  OR GROUP AS ENUMERATED IN ARTICLE I OF THE
 CONSTITUTION OF THE STATE OF NEW YORK,  INCLUDING,  WITHOUT  LIMITATION,
 AGE,  RACE,  CREED,  COLOR,  NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION
 STATUS, SEXUAL ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION,  MILITARY
 STATUS,  SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL
 STATUS, MARITAL STATUS, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE; AND
   (II) ANY OTHER CLASS PROTECTED UNDER FEDERAL OR STATE LAW.
 A. 5464                             3
 
   2. (A) THE COMMISSIONER SHALL DEVELOP A MODEL POLICY ON  THE  CURATION
 OF  LIBRARY  MATERIAL  WITHIN PUBLIC SCHOOL LIBRARIES. IN DEVELOPING THE
 MODEL POLICY, THE COMMISSIONER SHALL CONSULT WITH  THE  STATE  LIBRARIAN
 AND THE NEW YORK LIBRARY ASSOCIATION'S SECTION OF SCHOOL LIBRARIANS. THE
 MODEL POLICY SHALL BE UPDATED AS THE COMMISSIONER DEEMS NECESSARY.
   (B)  EACH  BOARD  OF EDUCATION SHALL ADOPT A POLICY ON THE CURATION OF
 LIBRARY MATERIAL WITHIN A PUBLIC SCHOOL  LIBRARY.  WHEN  DEVELOPING  THE
 POLICY,  THE  BOARD  SHALL  REVIEW  THE  MODEL POLICY ESTABLISHED BY THE
 COMMISSIONER PURSUANT TO SUBDIVISION (A) OF THIS SUBDIVISION. THE  BOARD
 SHALL HAVE CONTROL OVER THE CONTENT OF THE POLICY, EXCEPT THAT THE POLI-
 CY SHALL, AT A MINIMUM:
   (I)  RECOGNIZE THAT LIBRARY MATERIAL SHOULD BE PROVIDED FOR THE INTER-
 EST, INFORMATION, AND ENLIGHTENMENT OF ALL STUDENTS AND  SHOULD  PRESENT
 DIVERSE POINTS OF VIEW IN THE COLLECTION AS A WHOLE;
   (II)  REQUIRE STUDENT ACCESS TO AGE- AND GRADE-APPROPRIATE DIVERSE AND
 INCLUSIVE MATERIAL;
   (III) ACKNOWLEDGE THAT LIBRARY MATERIAL SHOULD NOT BE EXCLUDED FROM  A
 SCHOOL  LIBRARY  BECAUSE  OF  THE  ORIGIN, BACKGROUND, OR VIEWS OF THOSE
 CONTRIBUTING TO ITS CREATION;
   (IV) PROVIDE ACCESS TO  LIBRARY  MATERIAL  THAT  IS  RELEVANT  TO  THE
 RESEARCH,  INDEPENDENT  READING  INTERESTS,  AND  EDUCATIONAL  NEEDS  OF
 STUDENTS BASED ON A STUDENT'S AGE, DEVELOPMENT, OR GRADE LEVEL;
   (V) RECOGNIZE THE IMPORTANCE OF SCHOOL LIBRARIES AS CENTERS FOR VOLUN-
 TARY INQUIRY AND THE DISSEMINATION OF INFORMATION AND IDEAS;
   (VI) PROMOTE THE FREE EXPRESSION AND FREE ACCESS TO IDEAS BY  STUDENTS
 BY PROHIBITING THE CENSORSHIP OF LIBRARY MATERIAL;
   (VII)  ACKNOWLEDGE  THAT  A SCHOOL LIBRARY MEDIA SPECIALIST IS PROFES-
 SIONALLY TRAINED TO CURATE AND DEVELOP  THE  SCHOOL  LIBRARY  COLLECTION
 THAT  PROVIDES  STUDENTS  WITH  ACCESS  TO  THE WIDEST ARRAY OF AGE- AND
 GRADE-APPROPRIATE LIBRARY MATERIAL AVAILABLE TO SCHOOLS; AND
   (VIII) ESTABLISH A PROCEDURE FOR A SCHOOL LIBRARY MEDIA SPECIALIST  TO
 REVIEW  LIBRARY  MATERIAL  WITHIN  A SCHOOL LIBRARY ON AN ONGOING BASIS,
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: THE LIBRARY MATERIAL'S RELE-
 VANCE; THE CONDITION OF THE LIBRARY MATERIAL; THE AVAILABILITY OF DUPLI-
 CATES; THE AVAILABILITY OF MORE RECENT AGE- OR GRADE-APPROPRIATE MATERI-
 AL; AND THE CONTINUED DEMAND FOR THE LIBRARY MATERIAL.
   3. EACH BOARD OF EDUCATION SHALL ADOPT A POLICY ESTABLISHING A  PROCE-
 DURE REGARDING A REQUEST FOR REMOVAL OF LIBRARY MATERIAL WITHIN A SCHOOL
 LIBRARY.  THE  BOARD SHALL HAVE CONTROL OVER THE POLICY, EXCEPT THAT THE
 POLICY SHALL, AT A MINIMUM:
   (A) PROVIDE FOR THE CREATION OF A REQUEST FOR REMOVAL FORM THAT MAY BE
 SUBMITTED BY AN INDIVIDUAL WITH A VESTED INTEREST TO  THE  PRINCIPAL  OF
 THE  SCHOOL  IN  WHICH  THE LIBRARY MATERIAL IS CHALLENGED TO INITIATE A
 REVIEW OF THE MATERIAL. AN  INDIVIDUAL  WITH  A  VESTED  INTEREST  SHALL
 INCLUDE  ANY  TEACHING  STAFF MEMBER EMPLOYED BY THE BOARD OF EDUCATION,
 ANY PARENT OR GUARDIAN OF A STUDENT ENROLLED IN THE SCHOOL  DISTRICT  AT
 THE  TIME THE FORM IS FILED, AND ANY STUDENT ENROLLED IN THE DISTRICT AT
 THE TIME THE FORM IS FILED;
   (B) REQUIRE THE PRINCIPAL OR THE PRINCIPAL'S  DESIGNEE  TO  APPOINT  A
 REVIEW  COMMITTEE  WITHIN  TEN  SCHOOL  DAYS  OF RECEIVING A REQUEST FOR
 REMOVAL FORM, CONSISTING OF:
   (I) THE PRINCIPAL OR THE PRINCIPAL'S DESIGNEE;
   (II) THE SCHOOL LIBRARY MEDIA SPECIALIST OR A  TEACHING  STAFF  MEMBER
 SIMILARLY TRAINED:
   (III) A REPRESENTATIVE SELECTED BY THE BOARD OF EDUCATION;
 A. 5464                             4
 
   (IV)  AT LEAST ONE GRADE-APPROPRIATE TEACHER FAMILIAR WITH THE LIBRARY
 MATERIAL, PROVIDED THE  TEACHER  SELECTED  IS  NOT  THE  INDIVIDUAL  WHO
 SUBMITTED THE FORM;
   (V) A PARENT OR GUARDIAN OF A STUDENT ENROLLED IN THE SCHOOL DISTRICT,
 PROVIDED  THE  PARENT  OR  GUARDIAN  SELECTED  IS NOT THE INDIVIDUAL WHO
 SUBMITTED THE FORM;
   (VI) IF THE INDIVIDUAL WHO SUBMITTED THE FORM IS  ENROLLED  IN  GRADES
 NINE  THROUGH  TWELVE,  A STUDENT ENROLLED IN THE DISTRICT, PROVIDED THE
 STUDENT SELECTED IS NOT THE INDIVIDUAL WHO SUBMITTED THE FORM; AND
   (VII) ANY ADDITIONAL MEMBERS THE PRINCIPAL DEEMS NECESSARY;
   (C) REQUIRE THAT A  CHALLENGED  LIBRARY  MATERIAL  REMAIN  WITHIN  THE
 SCHOOL  LIBRARY  AND  AVAILABLE  FOR A STUDENT TO RESERVE, CHECK OUT, OR
 ACCESS UNTIL THERE IS A FINAL DECISION REACHED BY THE BOARD OF EDUCATION
 PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION;
   (D) REQUIRE THE REVIEW COMMITTEE  EVALUATE  THE  REQUEST  FOR  REMOVAL
 FORM, REVIEW THE CHALLENGED LIBRARY MATERIAL, AND REPORT ITS RECOMMENDA-
 TIONS  ON  WHETHER TO REMOVE THE LIBRARY MATERIAL TO THE BOARD OF EDUCA-
 TION WITHIN THIRTY SCHOOL DAYS FROM THE DATE OF RECEIVING  THE  FORM.  A
 COPY  OF THE COMMITTEE'S REPORT SHALL ALSO BE PROVIDED TO THE INDIVIDUAL
 WITH A VESTED INTEREST WHO FILED THE FORM AND THE PRINCIPAL; AND
   (E) REQUIRE THE BOARD OF EDUCATION TO REVIEW  THE  COMMITTEE'S  REPORT
 AND  MAKE A FINAL DETERMINATION ON WHETHER THE LIBRARY MATERIAL IS TO BE
 REMOVED FROM THE SCHOOL LIBRARY.  THE  BOARD  SHALL  PROVIDE  A  WRITTEN
 STATEMENT OF REASONS FOR:
   (I) THE REMOVAL OR NON-REMOVAL OF A LIBRARY MATERIAL; AND
   (II)  ANY  FINAL DETERMINATION THAT IS CONTRARY TO THE RECOMMENDATIONS
 OF THE REVIEW COMMITTEE.
   4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
 EACH  BOARD  OF  EDUCATION SHALL ENSURE THAT EACH SCHOOL IN THE DISTRICT
 INCLUDES DIVERSE AND INCLUSIVE MATERIAL AS PART OF ITS LIBRARY MATERIAL.
   (B) EACH BOARD OF EDUCATION SHALL ALLOW A STUDENT  TO  RESERVE,  CHECK
 OUT,  OR ACCESS ANY AGE- AND GRADE-APPROPRIATE LIBRARY MATERIAL, INCLUD-
 ING DIVERSE AND INCLUSIVE MATERIAL.
   5. (A) A SCHOOL LIBRARY MEDIA SPECIALIST OR ANY OTHER  TEACHING  STAFF
 MEMBER  THAT  ENGAGES IN ACTIVITIES AS REQUIRED BY THIS SECTION SHALL BE
 IMMUNE FROM CRIMINAL AND CIVIL LIABILITY ARISING FROM GOOD FAITH ACTIONS
 PERFORMED PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (B) (I) A SCHOOL LIBRARY MEDIA SPECIALIST OR ANY OTHER TEACHING  STAFF
 MEMBER THAT ENGAGES IN ACTIVITIES AS REQUIRED BY THIS SECTION SHALL HAVE
 A CIVIL CAUSE OF ACTION FOR EMOTIONAL DISTRESS, DEFAMATION, LIBEL, SLAN-
 DER,  DAMAGE  TO  REPUTATION,  OR  ANY  OTHER RELEVANT TORT, AGAINST ANY
 PERSON WHO HARASSES THE SCHOOL LIBRARY MEDIA  SPECIALIST  OR  ANY  OTHER
 TEACHING STAFF MEMBER FOR COMPLYING WITH THE PROVISIONS OF THIS SECTION.
   (II)  IF  THE  SCHOOL  LIBRARY  MEDIA SPECIALIST OR ANY OTHER TEACHING
 STAFF MEMBER THAT ENGAGES IN ACTIVITIES AS REQUIRED BY THIS  SECTION  IS
 THE  PREVAILING  PARTY  IN THE CIVIL CAUSE OF ACTION, THE SCHOOL LIBRARY
 MEDIA SPECIALIST OR TEACHING STAFF MEMBER SHALL BE ENTITLED TO AN  AWARD
 OF  ANY  REASONABLE  ATTORNEYS' FEES AND COSTS OF SUIT INCURRED, AND ANY
 INJUNCTIVE RELIEF AS THE COURT MAY DEEM NECESSARY TO AVOID  THE  DEFEND-
 ANT'S CONTINUED VIOLATION.
   §  249-C. REQUIREMENTS FOR LIBRARY MATERIAL IN PUBLIC LIBRARIES. 1. AS
 USED IN THIS SECTION:
   (A) "DIVERSE AND INCLUSIVE MATERIAL" MEANS MATERIAL THAT:
   (I) REFLECTS ANY PROTECTED CLASS;
   (II) MATERIAL PRODUCED  BY  AN  AUTHOR  NOTWITHSTANDING  THE  AUTHOR'S
 MEMBERSHIP IN A PROTECTED CLASS; AND
 A. 5464                             5
 
   (III)  MATERIAL  THAT  CONTAINS THE AUTHOR'S POINTS OF VIEW CONCERNING
 CONTEMPORARY PROBLEMS AND ISSUES,  WHETHER  INTERNATIONAL,  NATIONAL  OR
 LOCAL.
   (B)   "EMOTIONAL  DISTRESS"  MEANS  SIGNIFICANT  MENTAL  SUFFERING  OR
 DISTRESS.
   (C) "GOVERNING BODY" MEANS A BOARD  OF  TRUSTEES,  DIRECTOR  OR  OTHER
 CHIEF  ADMINISTRATIVE  OFFICER, A COUNTY LIBRARY COMMISSION, OR BOARD OF
 COUNTY COMMISSIONERS OF A PUBLIC LIBRARY.
   (D) "HARASSMENT" OR "HARASSES" MEANS A SINGULAR ACT THAT IS SEVERE  OR
 PERVASIVE,  OR  A  SERIES  OF ACTS OVER ANY PERIOD OF TIME DIRECTED AT A
 SPECIFIC PERSON THAT SERVES NO LEGITIMATE PURPOSE AND  WOULD  CAUSE,  OR
 HAS CAUSED, A REASONABLE PERSON TO SUFFER EMOTIONAL DISTRESS.
   (E)  "LIBRARY  MATERIAL" MEANS ANY MATERIAL INCLUDING, BUT NOT LIMITED
 TO, NONFICTION AND FICTION BOOKS; MAGAZINES; REFERENCE BOOKS; SUPPLEMEN-
 TARY TITLES; MULTIMEDIA AND DIGITAL MATERIAL; SOFTWARE AND INSTRUCTIONAL
 MATERIAL, BELONGING TO, ON LOAN TO, OR OTHERWISE IN  THE  CUSTODY  OF  A
 PUBLIC LIBRARY.
   (F) "PROTECTED CLASS" MEANS:
   (I)  ANY  PROTECTED  CLASS  OR GROUP AS ENUMERATED IN ARTICLE I OF THE
 CONSTITUTION OF THE STATE OF NEW YORK,  INCLUDING,  WITHOUT  LIMITATION,
 AGE,  RACE,  CREED,  COLOR,  NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION
 STATUS, SEXUAL ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION,  MILITARY
 STATUS,  SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL
 STATUS, MARITAL STATUS, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE; AND
   (II) ANY OTHER CLASS PROTECTED UNDER FEDERAL OR STATE LAW.
   (G) "PUBLIC LIBRARY" MEANS A PUBLIC LIBRARY AS DEFINED IN SECTION  TWO
 HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
   2. (A) THE STATE LIBRARIAN SHALL ESTABLISH A MODEL POLICY ON THE CURA-
 TION  OF  LIBRARY  MATERIAL  WITHIN  A PUBLIC LIBRARY. IN DEVELOPING THE
 MODEL POLICY, THE STATE  LIBRARIAN  SHALL  CONSULT  WITH  THE  NEW  YORK
 LIBRARY  ASSOCIATION.  THE  MODEL  POLICY  SHALL BE UPDATED AS THE STATE
 LIBRARIAN DEEMS NECESSARY.
   (B) THE MODEL POLICY SHALL, AT A MINIMUM:
   (I) RECOGNIZE THAT PUBLIC LIBRARIES SERVE  AS  CENTERS  FOR  VOLUNTARY
 INQUIRY AND THE DISSEMINATION OF INFORMATION AND IDEAS;
   (II) PROMOTE THE FREE EXPRESSION AND FREE ACCESS TO IDEAS BY RESIDENTS
 BY PROHIBITING THE CENSORSHIP OF LIBRARY MATERIAL;
   (III)  ACKNOWLEDGE THAT LIBRARY MATERIAL SHOULD NOT BE EXCLUDED FROM A
 PUBLIC LIBRARY BECAUSE OF THE ORIGIN,  BACKGROUND,  OR  VIEWS  OF  THOSE
 CONTRIBUTING TO ITS CREATION;
   (IV)  REQUIRE  THAT RESIDENTS BE PROVIDED ACCESS TO DIVERSE AND INCLU-
 SIVE MATERIAL;
   (V) RECOGNIZE THAT LIBRARY MATERIAL SHOULD BE PROVIDED FOR THE  INTER-
 EST,  INFORMATION,  AND  ENLIGHTENMENT OF ALL PEOPLE, AND SHOULD PRESENT
 DIVERSE POINTS OF VIEW IN THE COLLECTION AS A WHOLE;
   (VI) ACKNOWLEDGE THAT A LIBRARIAN IS PROFESSIONALLY TRAINED TO  CURATE
 AND DEVELOP COLLECTIONS THAT PROVIDE RESIDENTS WITH ACCESS TO THE WIDEST
 ARRAY OF LIBRARY MATERIAL AVAILABLE TO THE PUBLIC LIBRARY; AND
   (VII) ESTABLISH A PROCEDURE FOR A LIBRARIAN TO REVIEW LIBRARY MATERIAL
 WITHIN  A  PUBLIC  LIBRARY ON AN ONGOING BASIS, WHICH SHALL INCLUDE, BUT
 NOT BE LIMITED TO: THE LIBRARY MATERIAL'S RELEVANCE;  THE  CONDITION  OF
 THE  LIBRARY  MATERIAL; THE AVAILABILITY OF DUPLICATES; THE AVAILABILITY
 OF MORE RECENT MATERIAL; AND THE CONTINUED DEMAND FOR THE LIBRARY  MATE-
 RIAL.
   3. (A) THE STATE LIBRARIAN SHALL ESTABLISH A MODEL POLICY ESTABLISHING
 A PROCEDURE REGARDING A REQUEST FOR REMOVAL OF LIBRARY MATERIAL WITHIN A
 A. 5464                             6
 
 PUBLIC  LIBRARY.  IN  DEVELOPING  THE  MODEL POLICY, THE STATE LIBRARIAN
 SHALL CONSULT WITH THE NEW YORK LIBRARY ASSOCIATION.
   (B) THE MODEL POLICY SHALL, AT A MINIMUM, REQUIRE:
   (I)  THE  CREATION OF A REQUEST FOR REMOVAL FORM THAT MAY BE SUBMITTED
 BY AN INDIVIDUAL WITH A VESTED INTEREST TO THE  GOVERNING  BODY  OF  THE
 PUBLIC LIBRARY IN WHICH THE LIBRARY MATERIAL IS CHALLENGED TO INITIATE A
 REVIEW  OF  THE  MATERIAL.  AN  INDIVIDUAL  WITH A VESTED INTEREST SHALL
 INCLUDE ANY RESIDENT WHO IS SERVED BY THE PUBLIC LIBRARY;
   (II) THAT THE GOVERNING BODY APPOINT A  REVIEW  COMMITTEE  WITHIN  TEN
 BUSINESS DAYS OF RECEIVING A REQUEST FOR REMOVAL FORM, CONSISTING OF:
   (A) AT LEAST ONE MEMBER OF THE GOVERNING BODY;
   (B) A LIBRARIAN EMPLOYED BY THE PUBLIC LIBRARY;
   (C) A STAFF MEMBER, WHO IS NOT A LIBRARIAN, OF THE PUBLIC LIBRARY THAT
 IS FAMILIAR WITH THE LIBRARY MATERIAL;
   (D) A REPRESENTATIVE SELECTED BY THE GOVERNING BODY;
   (E)  A  RESIDENT SERVICED BY THE PUBLIC LIBRARY, PROVIDED THE RESIDENT
 SELECTED IS NOT THE INDIVIDUAL WHO SUBMITTED THE FORM; AND
   (F) ANY ADDITIONAL MEMBERS THE GOVERNING BODY DEEMS NECESSARY;
   (C) THAT A  CHALLENGED  LIBRARY  MATERIAL  REMAIN  WITHIN  THE  PUBLIC
 LIBRARY  AND  AVAILABLE  FOR A RESIDENT TO RESERVE, CHECK OUT, OR ACCESS
 UNTIL THERE IS A FINAL DECISION BY THE REVIEW COMMITTEE;
   (D) THAT THE REVIEW COMMITTEE EVALUATE THE REQUEST FOR  REMOVAL  FORM,
 REVIEW  THE  CHALLENGED LIBRARY MATERIAL, AND REPORT ITS RECOMMENDATIONS
 TO THE GOVERNING BODY ON WHETHER TO REMOVE THE LIBRARY  MATERIAL  WITHIN
 THIRTY  BUSINESS DAYS FROM THE DATE OF RECEIVING THE FORM. A COPY OF THE
 COMMITTEE'S REPORT SHALL ALSO BE PROVIDED TO THE INDIVIDUAL WITH A VEST-
 ED INTEREST WHO FILED THE FORM; AND
   (E) THE GOVERNING BODY TO REVIEW THE COMMITTEE'S  REPORT  AND  MAKE  A
 FINAL  DETERMINATION  ON  WHETHER  THE LIBRARY MATERIAL IS TO BE REMOVED
 FROM THE PUBLIC LIBRARY. THE BOARD SHALL PROVIDE A WRITTEN STATEMENT  OF
 REASONS FOR:
   (I) THE REMOVAL OR NON-REMOVAL OF A LIBRARY MATERIAL; AND
   (II)  ANY  FINAL DETERMINATION THAT IS CONTRARY TO THE RECOMMENDATIONS
 OF THE REVIEW COMMITTEE.
   4. (A) NOTWITHSTANDING ANY STATE OR FEDERAL LAW  TO  THE  CONTRARY,  A
 GOVERNING  BODY  OF A PUBLIC LIBRARY SHALL INCLUDE DIVERSE AND INCLUSIVE
 MATERIAL AS PART OF ITS LIBRARY MATERIAL. THE GOVERNING BODY OF A PUBLIC
 LIBRARY SHALL PROVIDE A RESIDENT ACCESS TO ALL LIBRARY MATERIAL, INCLUD-
 ING DIVERSE AND INCLUSIVE MATERIAL.
   (B) A GOVERNING BODY OF A PUBLIC  LIBRARY  SHALL  ADOPT  THE  POLICIES
 ESTABLISHED  BY  THE  STATE  LIBRARIAN  PURSUANT TO SUBDIVISIONS TWO AND
 THREE OF THIS SECTION.
   5. (A) ANY STAFF MEMBER OF A PUBLIC  LIBRARY,  INCLUDING  A  LIBRARIAN
 EMPLOYED  BY  A  PUBLIC LIBRARY, SHALL BE IMMUNE FROM CRIMINAL AND CIVIL
 LIABILITY ARISING FROM GOOD FAITH  ACTIONS  PERFORMED  PURSUANT  TO  THE
 PROVISIONS OF THIS SECTION.
   (B)  (I)  ANY  STAFF MEMBER OF A PUBLIC LIBRARY, INCLUDING A LIBRARIAN
 EMPLOYED BY A PUBLIC LIBRARY, SHALL HAVE A CIVIL  CAUSE  OF  ACTION  FOR
 EMOTIONAL DISTRESS, DEFAMATION, LIBEL, SLANDER, DAMAGE TO REPUTATION, OR
 ANY  OTHER  RELEVANT  TORT,  AGAINST  ANY  PERSON WHO HARASSES THE STAFF
 MEMBER FOR COMPLYING WITH THE PROVISIONS OF THIS SECTION.
   (II) IF THE STAFF MEMBER OR LIBRARIAN EMPLOYED BY A PUBLIC LIBRARY  IS
 THE  PREVAILING  PARTY  IN  THE CIVIL CAUSE OF ACTION, THE LIBRARY STAFF
 MEMBER SHALL BE ENTITLED TO AN AWARD OF ANY REASONABLE  ATTORNEYS'  FEES
 AND  COSTS  OF SUIT INCURRED, AND ANY INJUNCTIVE RELIEF AS THE COURT MAY
 DEEM NECESSARY TO AVOID THE DEFENDANT'S CONTINUED VIOLATION.
 A. 5464                             7
 
   § 4. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO
 REFUSE  TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE OR REQUIRE TO RETIRE
 FROM EMPLOYMENT AN INDIVIDUAL, OR TO DISCRIMINATE AGAINST SUCH  INDIVID-
 UAL  IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT
 BECAUSE OF THE REFUSAL OF:
   (A) A SCHOOL LIBRARY MEDIA SPECIALIST  OR  TEACHING  STAFF  MEMBER  TO
 REMOVE  LIBRARY  MATERIAL  FROM  A  SCHOOL  LIBRARY EXCEPT TO THE EXTENT
 PERMITTED PURSUANT TO SECTION TWO HUNDRED FORTY-NINE-B OF THE  EDUCATION
 LAW; OR
   (B)  ANY  STAFF  MEMBER OF A PUBLIC LIBRARY, INCLUDING A LIBRARIAN, TO
 REMOVE LIBRARY MATERIAL FROM A  PUBLIC  LIBRARY  EXCEPT  TO  THE  EXTENT
 PERMITTED  PURSUANT TO SECTION TWO HUNDRED FORTY-NINE-C OF THE EDUCATION
 LAW.
   § 5. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.