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Assembly Bill A7410

2025-2026 Legislative Session

Prohibits an individual with a vested interest or government agency from having a cause of action against a library staff member who refuses to remove such library materials

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Current Bill Status - In Assembly Committee

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2025-A7410 (ACTIVE) - Details

Current Committee:
Assembly Libraries And Education Technology
Law Section:
Education Law
Laws Affected:
Add §275-a, Ed L

2025-A7410 (ACTIVE) - Summary

Prohibits an individual with a vested interest or government agency from having a cause of action against a library staff member who refuses to remove such library materials whether such library materials belongs to a school or public library.

2025-A7410 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7410
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Libraries and Education Technology
 
 AN ACT to amend the education law, in relation to prohibiting a cause of
   action for refusing a request to remove library materials
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 275-a
 to read as follows:
   § 275-A. REFUSAL OF A REQUEST TO REMOVE LIBRARY MATERIALS. 1. FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "INDIVIDUAL WITH A VESTED INTEREST"  MEANS  ANY  RESIDENT  WHO  IS
 SERVED BY THE SCHOOL OR PUBLIC LIBRARY OR RESIDES IN A COUNTY OR MUNICI-
 PALITY WHERE THE SCHOOL OR PUBLIC LIBRARY IS SITUATED.
   (B)  "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
 OR PUBLIC LIBRARY.
   (C) "LIBRARY STAFF MEMBER" MEANS A  SCHOOL  OR  PUBLIC  LIBRARY  MEDIA
 SPECIALIST, LIBRARIAN, ANY CERTIFICATED OR NON-CERTIFICATED STAFF MEMBER
 ASSIGNED  TO  DUTIES  IN  A  SCHOOL OR PUBLIC LIBRARY, OR ANY INDIVIDUAL
 CONDUCTING OR ASSISTING WITH THE FUNCTIONS OF A SCHOOL OR PUBLIC LIBRARY
 MEDIA SPECIALIST OR SCHOOL OR PUBLIC LIBRARIAN.
   2. WHERE AN INDIVIDUAL WITH A VESTED  INTEREST  OR  GOVERNMENT  AGENCY
 REQUESTS  THAT  LIBRARY  MATERIAL  BE  REMOVED  FROM  A SCHOOL OR PUBLIC
 LIBRARY AND A LIBRARY STAFF MEMBER FAILS TO REMOVE SUCH LIBRARY  MATERI-
 AL,  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED AS CREATING A CAUSE OF
 ACTION AGAINST SUCH LIBRARY STAFF MEMBER  FOR  FAILING  TO  REMOVE  SUCH
 LIBRARY MATERIAL FROM A SCHOOL OR PUBLIC LIBRARY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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