S T A T E O F N E W Y O R K
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10554
I N S E N A T E
May 21, 2026
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Libraries
AN ACT to amend the education law, in relation to protecting the inde-
pendence of libraries and shielding librarians from civil and criminal
liability for certain actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "protecting
libraries' independence act".
§ 2. The education law is amended by adding a new section 286 to read
as follows:
§ 286. PROTECTING LIBRARIES' INDEPENDENCE. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "INDIVIDUAL WITH A VESTED INTEREST IN THE PUBLIC LIBRARY" MEANS
ANY RESIDENT WHO IS SERVED BY THE PUBLIC LIBRARY AND RESIDES IN THE
MUNICIPALITY WHERE THE LIBRARY IS SITUATED.
(B) "LIBRARY MATERIAL" MEANS BOOKS, VIDEOS, SUBSCRIPTION OR LOCALLY
CURATED DATABASES, NEWSPAPERS, MAGAZINES AND OTHER SUCH PERIODICALS,
CHARTS, GRAPHS, MOVIES, GAMES, MAPS, INTERACTIVE APPLICATIONS AND SOFT-
WARE, AND OTHER SUCH ENRICHMENT OR ENTERTAINMENT MATERIALS IN ANY PRINT-
ED OR ELECTRONIC FORMAT, INCLUSIVE OF FICTION AND NON-FICTION BELONGING
TO, ON LOAN TO, OR OTHERWISE IN THE CUSTODY OF THE PUBLIC LIBRARY.
(C) "LIBRARIAN" MEANS AN EMPLOYEE WHO IS RESPONSIBLE FOR THE PURCHASE,
SELECTION, CURATION, REMOVAL, AND DISPLAY OF LIBRARY MATERIALS.
(D) "PUBLIC LIBRARY" MEANS 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.
2. A PUBLIC LIBRARY SHALL HAVE A DUTY TO MAKE A REASONABLE EFFORT
WITHIN PROFESSIONAL STANDARDS AND CAPACITY TO PROVIDE LIBRARY MATERIAL
THAT HAS BEEN REQUESTED BY AN INDIVIDUAL WITH A VESTED INTEREST IN THE
PUBLIC LIBRARY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10784-06-6
S. 10554 2
3. NO PUBLIC LIBRARY SHALL PROSCRIBE, BAN, OR REMOVE ANY BOOKS OR
OTHER MATERIALS BECAUSE OF PARTISAN OR DOCTRINAL DISAPPROVAL.
4. ANY STAFF MEMBER OF A PUBLIC LIBRARY, INCLUDING A LIBRARIAN
EMPLOYED BY A PUBLIC LIBRARY, SHALL BE IMMUNE FROM CIVIL AND CRIMINAL
LIABILITY ARISING FROM GOOD FAITH ACTIONS PERFORMED PURSUANT TO THIS
SECTION.
§ 3. This act shall take effect immediately.