S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3119--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by  M.  of  A.  KELLES, SEAWRIGHT, EACHUS, SIMON, LEVENBERG,
   GRIFFIN, PAULIN, HEVESI, GONZALEZ-ROJAS, ROMERO, REYES, RAGA, EPSTEIN,
   DAVILA,  SHIMSKY,  SHRESTHA,  McMAHON,  MAGNARELLI,  LUNSFORD,   OTIS,
   FORREST, SOLAGES, CONRAD -- read once and referred to the Committee on
   Libraries  and  Education  Technology  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law,  in  relation  to  requiring  certain
   libraries  to  adopt  policies ensuring that library staff are able to
   curate and develop collections, services, and programming that reflect
   the values and protections established under the human rights law  and
   the equal rights amendment to the state constitution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "open shelves act".
   §  2.  Legislative  intent.  It  is  the sense of the legislature that
 public libraries are essential to ensuring broad access to  information,
 fostering  informed  citizenship, intellectual exploration, and imagina-
 tion. By ensuring that library collections,  services,  and  programming
 reflect  diverse  experiences and perspectives, the legislature seeks to
 maintain libraries as spaces where all  members  of  the  community  can
 engage  with the marketplace of ideas, promoting open access to informa-
 tion and points of view. Librarians are professionals trained to  curate
 robust  collections  that  serve the full spectrum of their communities,
 and this legislation affirms the state's trust in their  ability  to  do
 so.
   §  3.  Section  254 of the education law, as amended by chapter 718 of
 the laws of 1981, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00089-07-5
 A. 3119--B                          2
              
             
                          
                 
   § 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.  SUCH  STANDARDS  SHALL REQUIRE EVERY FREE ASSOCIATION, PUBLIC, AND
 HOSPITAL LIBRARY OR, WITH THE ADVICE OF THE APPROPRIATE  TRIBAL  GOVERN-
 MENT  AND  LIBRARY BOARD OF TRUSTEES, INDIAN LIBRARY, WHICH RECEIVES ANY
 PORTION OF THE MONEYS APPROPRIATED BY THE STATE TO AID  SUCH  LIBRARIES,
 TO  ADOPT  POLICIES AND PROCEDURES THAT ENSURE LIBRARY STAFF ARE ABLE TO
 CURATE AND DEVELOP LIBRARY COLLECTIONS, SERVICES, AND PROGRAMMING  IN  A
 MANNER  THAT  SHALL BE CONSISTENT WITH THE VALUES AND PROTECTIONS ESTAB-
 LISHED UNDER THE HUMAN RIGHTS LAW UNDER ARTICLE FIFTEEN OF THE EXECUTIVE
 LAW AND THE EQUAL RIGHTS AMENDMENT TO THE STATE CONSTITUTION.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.