Senate Bill S1100A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1100--A
     Cal. No. 650
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. MAY, COMRIE, HARCKHAM, MYRIE, SALAZAR, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Libraries  --  reported  favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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:
   § 254. Standards of library service. 1. The regents shall  have  power
 to  fix  standards of library service for every free association, public
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00089-08-5
 S. 1100--A                          2
 
 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.