S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3119--A
 
                        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 -- read  once
   and referred to the Committee on Libraries and Education Technology --
   committee  discharged,  bill amended, 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
   diverse perspectives, experiences, and identities
 
   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:
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00089-06-5
              

 A. 3119--A                          2
 
 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 REFLECTS THE FULL DIVERSITY  OF  PERSPECTIVES,  EXPERIENCES,
 AND  IDENTITIES  PRESENT  IN  THE  COMMUNITIES THEY SERVE. SUCH POLICIES
 SHALL BE CONSISTENT WITH THE VALUES AND  PROTECTIONS  ESTABLISHED  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.