S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8786
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2025
                                ___________
 
 Introduced  by  M. of A. WRIGHT, R. CARROLL -- read once and referred to
   the Committee on Libraries and Education Technology
 
 AN ACT to amend the education law, in relation  to  correcting  language
   relating to indigenous libraries from Indian libraries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the education law is amended by adding two new
 subdivisions 25 and 26 to read as follows:
   25. INDIGENOUS. THE TERM "INDIGENOUS" SHALL HAVE THE SAME  MEANING  AS
 THE TERM "INDIAN" WHERE SUCH TERM IS USED IN LAW.
   26.  INDIGENOUS  LIBRARY. THE TERM "INDIGENOUS LIBRARY" SHALL HAVE THE
 SAME MEANING AS THE TERM "INDIAN LIBRARY" AND SHALL BE CONSTRUED TO MEAN
 A PUBLIC LIBRARY ESTABLISHED BY THE TRIBAL GOVERNMENT OF THE SAINT REGIS
 MOHAWK TRIBE, THE SENECA NATIONS OF  INDIANS  OR  THE  TONAWANDA  SENECA
 TRIBE  AND LOCATED ON THEIR RESPECTIVE RESERVATIONS, TO SERVE INDIGENOUS
 COMMUNITY MEMBERS RESIDING ON SUCH RESERVATIONS AND  ANY  OTHER  PERSONS
 DESIGNATED BY ITS BOARD OF TRUSTEES.
   §  2.  Subdivision  3 of section 253 of the education law, as added by
 chapter 476 of the laws of 1977, is amended to read as follows:
   3. The term "[Indian] INDIGENOUS library" shall be construed to mean a
 public library established by the tribal government of the  Saint  Regis
 Mohawk  tribe,  the  Seneca  Nations  of Indians or the Tonawanda Seneca
 tribe and located on their respective reservations, to  serve  [Indians]
 INDIGENOUS COMMUNITY MEMBERS residing on such reservations and any other
 persons designated by its board of trustees.
   §  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.  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  govern-
 ment  and  library  board of trustees, [Indian] INDIGENOUS library which
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13202-01-5
              
             
                          
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 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] INDIGENOUS libraries nor shall any tax be levied by
 any municipality or district for the support in whole or in part of such
 library.
   §  4. Subdivisions 4 and 5 of section 255 of the education law, subdi-
 vision 4 as added by chapter 476 of the laws of 1977 and  subdivision  5
 as  amended  by  chapter 787 of the laws of 1978, are amended to read as
 follows:
   4. By a majority vote of the tribal government of [an Indian] A reser-
 vation, or upon the request of the tribal government of  [an  Indian]  A
 reservation,  an [Indian] INDIGENOUS library may be established, with or
 without branches, and may make application to the state or other  source
 for  money to equip and maintain such library or libraries or to provide
 a building or rooms for its  uses.  Notwithstanding  the  provisions  of
 section  seven of the Indian law, the board of trustees of such library,
 on behalf of the tribal government, may acquire real or personal proper-
 ty for use by an [Indian] INDIGENOUS library  by  gift,  grant,  devise,
 bequest  and  may  take,  buy,  sell,  hold  and transfer either real or
 personal property for the purposes of such library.  No  more  than  one
 [Indian] INDIGENOUS library may be established on a reservation and such
 library shall serve all inhabitants of that reservation. No such library
 shall  be  established  on  any  reservation  that  has fewer than three
 hundred permanent residents and one thousand acres of land.
   5. The boards of trustees of  any  two,  or  more,  public  libraries,
 [Indian]  INDIGENOUS libraries, reference and research library resources
 systems, cooperative  library  systems,  or  association  libraries,  as
 defined  in  this  article,  may  pool  surplus funds to be used for the
 purchase of certificates of  deposit  in  any  bank  or  trust  company,
 provided  that  such  certificate  of  deposit be secured by a pledge of
 obligations of the United States of America,  or  any  obligation  fully
 guaranteed  or insured as to interest and principal by the United States
 of America acting through an agency, subdivision, department or division
 thereof, or obligations of the state of  New  York.  Each  participating
 public  library,  [Indian]  INDIGENOUS  library,  reference and research
 library resources system,  cooperative  library  system  or  association
 library  shall  be  entitled to its pro-rata share of interest earned on
 such certificates in proportion to  its  contribution  to  the  purchase
 price of such certificates.
   §  5. Subdivisions 1, 2, 5 and 12 of section 260 of the education law,
 subdivisions 1 and 2 as amended by chapter 513  of  the  laws  of  1998,
 subdivision  5 as amended by chapter 787 of the laws of 1978, and subdi-
 vision 12 as added by chapter 357 of the laws of 2000,  are  amended  to
 read as follows:
   1.  Public  libraries  authorized  to  be established by action of the
 voters or their representatives shall be managed by trustees  who  shall
 have all the powers of trustees of other educational institutions of the
 university as defined in this chapter; provided that the number of trus-
 tees  of county public libraries and [Indian] INDIGENOUS libraries shall
 not be less than five nor more than fifteen and that the number of trus-
 tees of other public libraries shall not be less than five nor more than
 A. 8786                             3
 
 fifteen. The number of trustees of joint public libraries authorized  to
 be  established by two or more municipalities or districts or any combi-
 nation thereof shall be not less than five nor more than twenty-five, as
 determined  by agreement of the voting bodies empowered to authorize the
 establishment of such libraries pursuant to subdivision one  of  section
 two  hundred fifty-five of this [chapter] PART and shall be set forth in
 the resolution  authorizing  the  establishment  of  such  joint  public
 library.  Such  resolution shall also set forth the number of such trus-
 tees which each of the participating municipalities or  districts  shall
 be entitled to elect or appoint, and the terms of office of the trustees
 as determined in accordance with subdivision three of this section.
   2.  The  trustees  of public libraries authorized to be established by
 cities shall be appointed by the mayor and confirmed by the common coun-
 cil, in counties they shall be appointed by the county board of supervi-
 sors or other  governing  elective  body,  in  villages  they  shall  be
 appointed  by  the  village  board  of  trustees, in towns they shall be
 appointed by the town board, in school districts they shall  be  elected
 by  the  legal  voters in the same manner as trustees are elected in the
 school district which established said library, and on [Indian] reserva-
 tions they shall be elected at a general tribal  election  or  otherwise
 designated by the chiefs or head [men] PERSONS of an [Indian] INDIGENOUS
 tribe;  that  notwithstanding the fact that county, town or local school
 district lines do not  penetrate  the  reservation  boundary,  [Indians]
 INDIGENOUS  COMMUNITY MEMBERS residing on reservations shall be eligible
 to serve as trustees of public libraries established in school districts
 to the same extent as they are qualified voters pursuant to  subdivision
 three  of  section twenty hundred twelve of this chapter; that the first
 trustees shall determine by lot the year in which the term of office  of
 each  trustee  shall  expire  and that a new trustee shall be elected or
 appointed annually to serve for three or five years to be determined  by
 the  entity establishing the public library. Notwithstanding the forego-
 ing provisions of this subdivision, in  any  case  where  a  town  is  a
 contributor  to  the  support  of  any  such public library in a village
 located within the town the appointment of trustees of such library  who
 reside  outside the village but within such town shall be subject to the
 approval of the town board of such town.   The  charter  of  any  public
 library  granted  prior to April thirtieth, nineteen hundred twenty-one,
 which provides for  trustees,  their  terms  of  office  and  method  of
 election  or  appointment  in  a manner differing from that hereinbefore
 provided, shall remain in full force and effect until the regents,  upon
 application  of the library trustees, shall amend the charter to conform
 to the provisions of law in effect when such amendment is made.
   5. The boards of trustees of public,  free  association  and  [Indian]
 INDIGENOUS libraries shall hold regular meetings at least quarterly, and
 such boards shall fix the day and hour for holding such meetings.
   12.  The  board  of trustees of a public, free association or [Indian]
 INDIGENOUS library which provides public access to  the  internet  shall
 establish  a  policy  governing  patron  use of computer terminals which
 access the internet. Verification of such policy shall  be  included  in
 the annual report submitted to the department.
   §  6. Subdivision 1 of section 260-d of the education law, as added by
 chapter 468 of the laws of 2021, is amended to read as follows:
   1. Beginning January first, two thousand  twenty-three,  each  member,
 elected  or  appointed, of a board of trustees of a public, free associ-
 ation or [Indian] INDIGENOUS library shall be  required  to  complete  a
 minimum  of  two  hours  of  trustee education annually, from a provider
 A. 8786                             4
 
 approved by the commissioner on the financial oversight, accountability,
 fiduciary responsibilities and  the  general  powers  and  duties  of  a
 library  trustee.  Such  trustee education may be delivered online or in
 person,  and  may  include  lectures,  workshops,  regional  or national
 library association programs,  or  any  other  format  approved  by  the
 commissioner.
   §  7.  Section  261 of the education law, as amended by chapter 476 of
 the laws of 1977, is amended to read as follows:
   § 261. Incorporation.  Within one month after taking office, the first
 board of trustees of any such  public  library  or  [Indian]  INDIGENOUS
 library  shall apply to the regents for a charter in accordance with the
 vote establishing the library.
   § 8. Section 262 of the education law, as amended by  chapter  476  of
 the laws of 1977, is amended to read as follows:
   § 262. Use of public and [Indian] INDIGENOUS libraries.  Every library
 established  under section two hundred fifty-five of this [chapter] PART
 shall be forever free to the inhabitants of the municipality or district
 or [Indian] reservation, which establishes it, subject always  to  rules
 of  the  library trustees who shall have authority to exclude any person
 who wilfully violates such rules;  and  the  trustees  may,  under  such
 conditions as they think expedient, extend the privileges of the library
 to  persons  living  outside  such  municipality or district or [Indian]
 reservation.
   § 9. Section 270 of the education law, as amended by  chapter  476  of
 the laws of 1977, is amended to read as follows:
   § 270. Acceptance  of  surplus  library books or property.   The state
 education department is hereby authorized to cooperate with  the  United
 States  commissioner of education, the war assets administration, and/or
 other federal officers and officials in the administration of any  stat-
 ute  heretofore or hereafter enacted for the disposal of surplus library
 books or property, and to accept for and on behalf of the state  of  New
 York  or its political subdivisions surplus library books or other prop-
 erty suitable  and  necessary  to  the  operation  of  public  and  free
 libraries  and [Indian] INDIGENOUS libraries and for the improvement and
 extension of library service for New York state, and  any  funds,  which
 may be made available to the state of New York by the federal government
 for these and related public and [Indian] INDIGENOUS library services.
   §  10.  Section  271  of the education law, as amended by section 1 of
 part O of chapter 57 of the laws of 2005, is amended to read as follows:
   § 271. Apportionment of state aid to  [Indian]  INDIGENOUS  libraries.
 Any  [Indian]  INDIGENOUS  library  chartered  by  the regents or in the
 absence of such library any tribal government  contracting  for  service
 from  a  chartered  and  registered  library or approved library system,
 shall be entitled  to  receive  state  aid  during  each  calendar  year
 consisting of the following amounts:
   1. Eighteen thousand dollars, and
   2. The sum of eighteen dollars and twenty cents per capita for persons
 residing on the reservation served by the [Indian] INDIGENOUS library or
 contract  as  shown by the latest federal census or certified by the New
 York state director of Indian services, and
   3. The sum of one dollar and fifty cents per acre of  area  served  by
 the [Indian] INDIGENOUS library or contract.
   Such  sums  shall  be paid annually to the [Indian] INDIGENOUS library
 board of trustees for the use of the [Indian] INDIGENOUS library, or  in
 the absence of such a board, to the tribal government for a contract for
 library service. Nothing contained in this section shall be construed to
 A. 8786                             5
 
 diminish  the  funds,  services  or  supplies  provided  to any [Indian]
 INDIGENOUS library by a library system as defined in section two hundred
 seventy-two of this [article] PART. Increases in appropriations for such
 purposes during a calendar year shall be pro rated.
   §  11.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.