A 7353: Protects the independence of libraries; shields librarians from civil and criminal liability for certain actions.

  
  STATE OF NEW YORK ________________________________________________________________________ 7353 2025-2026 Regular Sessions  IN ASSEMBLY March 25, 2025 ___________ Introduced by M. of A. R. CARROLL -- read once and referred to the Committee on Libraries and Education Technology 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) "Individual with a vested interest in the public library" means 8 any resident who is served by the public library and resides in the 9 municipality where the library is situated. 10 (b) "Library material" means books, videos, subscription or locally 11 curated databases, newspapers, magazines and other such periodicals, 12 charts, graphs, movies, games, maps, interactive applications and soft- 13 ware, and other such enrichment or entertainment materials in any print- 14 ed or electronic format, inclusive of fiction and non-fiction belonging 15 to, on loan to, or otherwise in the custody of the public library. 16 (c) "Librarian" means an employee who is responsible for the purchase, 17 selection, curation, removal, and display of library materials. 18 (d) "Public library" means every free association, public and hospital 19 library or, with the advice of the appropriate tribal government and 20 library board of trustees, Indian library which receives any portion of 21 the moneys appropriated by the state to aid such libraries, or which is 22 supported in whole or in part by tax levied by any municipality or 23 district. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10784-04-5 
 A. 7353 2 1 2. A public library shall have a duty to make a reasonable effort 2 within professional standards and capacity to provide library material 3 that has been requested by an individual with a vested interest in the 4 public library. 5 3. Any staff member of a public library, including a librarian 6 employed by a public library, shall be immune from civil and criminal 7 liability arising from good faith actions performed pursuant to this 8 section. 9 § 3. This act shall take effect immediately.