S T A T E O F N E W Y O R K
________________________________________________________________________
286
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to the disclosure
of records and registration information by libraries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 79 to read as follows:
S 79. DISCLOSURE OF RECORDS AND REGISTRATION INFORMATION BY LIBRARIES.
1. ANY LIBRARY WHICH IS IN WHOLE OR IN PART SUPPORTED BY PUBLIC FUNDS,
INCLUDING, BUT NOT LIMITED TO, PUBLIC, ACADEMIC, SCHOOL OR SPECIAL
LIBRARIES, AND HAVING RECORDS INDICATING WHICH OF ITS DOCUMENTS OR OTHER
MATERIALS, REGARDLESS OF FORMAT, HAVE BEEN LOANED TO OR USED BY AN IDEN-
TIFIABLE INDIVIDUAL OR GROUP SHALL NOT DISCLOSE SUCH RECORDS TO ANY
PERSON EXCEPT:
A. PERSONS ACTING WITHIN THE SCOPE OF THEIR DUTIES IN THE ADMINIS-
TRATION OF THE LIBRARY;
B. PERSONS AUTHORIZED TO INSPECT SUCH RECORDS, IN WRITING, BY THE
INDIVIDUAL OR GROUP; OR
C. BY ORDER OF A COURT OF LAW.
2. THE REQUIREMENTS OF THIS SECTION SHALL NOT PROHIBIT MIDDLE AND
ELEMENTARY SCHOOL LIBRARIES FROM MAINTAINING A SYSTEM OF RECORDS THAT
IDENTIFIES THE INDIVIDUAL OR GROUP TO WHOM LIBRARY MATERIALS HAVE BEEN
LOANED EVEN IF SUCH SYSTEM PERMITS A DETERMINATION, INDEPENDENT OF ANY
DISCLOSURE OF SUCH INFORMATION BY THE LIBRARY, THAT DOCUMENTS OR MATERI-
ALS HAVE BEEN LOANED TO AN INDIVIDUAL OR GROUP.
3. ALL REGISTRATION INFORMATION OF MINORS COLLECTED BY ANY LIBRARY
WHICH IS SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS, INCLUDING, BUT
NOT LIMITED TO, PUBLIC, ACADEMIC, SCHOOL OR SPECIAL LIBRARIES SHALL NOT
BE DISCLOSED TO ANY PERSON EXCEPT:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01139-01-5
S. 286 2
A. PERSONS ACTING ONLY WITHIN THE LEGITIMATE SCOPE OF THEIR DUTIES IN
THE ADMINISTRATION OF THE LIBRARY;
B. PERSONS AUTHORIZED TO INSPECT SUCH RECORDS, IN WRITING, BY THE
INDIVIDUAL; OR
C. BY ORDER OF A COURT OF LAW.
4. FOR PURPOSES OF THIS SECTION, "REGISTRATION INFORMATION" INCLUDES
ANY INFORMATION REQUIRED OF A MINOR IN ORDER TO BECOME ELIGIBLE TO
BORROW BOOKS, UTILIZE LIBRARY SERVICES, AND OTHER MATERIALS.
5. ANY SUSPICIOUS REQUESTS FOR RECORDS OF MINORS THAT MAY BE INDIC-
ATIVE OF CRIMINAL INTENT SHALL BE REPORTED IMMEDIATELY TO APPROPRIATE
LAW ENFORCEMENT AUTHORITIES.
S 2. This act shall take effect immediately.