Bill Text: NY A03368 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides that publicly funded libraries may not ban books because of partisan or doctrinal disapproval; directs school districts to adopt the ALA library bill of rights.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2025-01-27 - referred to libraries and education technology [A03368 Detail]

Download: New_York-2025-A03368-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3368

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Section 254 of the education law, as amended by chapter 718
     2  of the laws of 1981, is amended to read as follows:
     3    § 254. Standards of library service. 1. The regents shall  have  power
     4  to  fix  standards of library service for every free association, public
     5  and hospital library or, with  the  advice  of  the  appropriate  tribal
     6  government  and library board of trustees, Indian library which receives
     7  any portion of  the  moneys  appropriated  by  the  state  to  aid  such
     8  libraries,  or  which  is supported in whole or in part by tax levied by
     9  any municipality or district. In the case of a  hospital  library  or  a
    10  library  serving  a  hospital,  such  standards  shall be established in
    11  consultation with the commissioner of health. If any such library  shall
    12  fail  to  comply  with  the regents requirements, such library shall not
    13  receive any portion of the moneys appropriated by the  state  for  free,
    14  hospital  or Indian libraries nor shall any tax be levied by any munici-
    15  pality or district for the support in whole or in part of such library.
    16    2. Every free association library, public library,  hospital  library,
    17  Indian  library  and library system which receives any portion of moneys
    18  appropriated by the state shall adopt the American Library Association's
    19  library bill of rights that indicates materials should not be proscribed
    20  or removed because of partisan  or  doctrinal  disapproval  or,  in  the
    21  alternative,  develop  a  written  statement prohibiting the practice of
    22  banning books or other materials within the library or library system.
    23    § 2. Section 711 of the education law  is  amended  by  adding  a  new
    24  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

     1    5.  Each school district, board of education, trustees or such body or
     2  officers as perform the functions of such boards shall adopt the  Ameri-
     3  can  Library Association's library bill of rights that indicates materi-
     4  als should not be proscribed or removed because of partisan or doctrinal
     5  disapproval  or, in the alternative, develop a written statement prohib-
     6  iting the practice of banning books or other materials within any school
     7  library which receives aid for the purchase of school library materials.
     8    § 3. This act shall take effect on the thirtieth day  after  it  shall
     9  have become a law.