NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7353B
SPONSOR: Carroll R TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To protect the professional independence of libraries and libraries from
forms of censorship including book banning.
SUMMARY OF PROVISIONS:
Amends the education law by adding a new section 286. Establishes a
standard for the provision of library material by a public library
including prohibiting banning or removing books and materials because of
partisan or doctrinal reasons and provides protection for library staff
from civil and criminal liability for duties covered by this legis-
lation.
JUSTIFICATION:
Over the last four years the American Library Association and the organ-
ization PEN America have documented that there has been a surge nation-
wide in attempts to censor and/or ban books and materials in public,
school, and academic libraries. There has also been the proliferation of
state level bills nationwide that would expose librarians to criminal
liability for their role in providing materials that certain individuals
or groups find objectionable. Such bills even when unsuccessful can have
a chilling effect, compromising the independence of libraries and
librarians. This bill would put in place a framework to preserve the
independence of libraries from ideologically motivated interference and
allow librarians to perform work according to widely accepted profes-
sional standards without fear of frivolous lawsuits.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
7353--B
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
Introduced by M. of A. R. CARROLL, ROSENTHAL, MAGNARELLI -- read once
and referred to the Committee on Libraries and Education Technology --
recommitted to the Committee on Libraries in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
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:
1 Section 1. This act shall be known and may be cited as the "protecting
2 libraries' independence act".
3 § 2. The education law is amended by adding a new section 286 to read
4 as follows:
5 § 286. Protecting libraries' independence. 1. For the purposes of this
6 section, the following terms shall have the following meanings:
7 (a) "Library material" means books, videos, subscription or locally
8 curated databases, newspapers, magazines and other such periodicals,
9 charts, graphs, movies, games, maps, interactive applications and soft-
10 ware, and other such enrichment or entertainment materials in any print-
11 ed or electronic format, inclusive of fiction and non-fiction belonging
12 to, on loan to, or otherwise in the custody of the public library.
13 (b) "Librarian" means an employee of a public library or someone work-
14 ing on a public library's behalf through a consulting agreement who is
15 responsible for the purchase, selection, curation, removal, and display
16 of library materials.
17 (c) "Public library" means every free association, public and hospital
18 library or, with the advice of the appropriate tribal government and
19 library board of trustees, Indian library which receives any portion of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10784-07-6
A. 7353--B 2
1 the moneys appropriated by the state to aid such libraries, or which is
2 supported in whole or in part by tax levied by any municipality or
3 district.
4 2. No public library shall proscribe, ban, or remove any library mate-
5 rial because of partisan or doctrinal disapproval or solely or substan-
6 tially because a public library does not wish patrons to access library
7 material due to that material's viewpoint or message.
8 3. Any staff member of a public library including but not limited to
9 librarians, shall be immune from civil and criminal liability arising
10 from good faith actions performed pursuant to this section.
11 § 3. This act shall take effect immediately.
