Bill Text: NY S04856 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits libraries from disclosing records and registration information of minors with limited exceptions.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S04856 Detail]

Download: New_York-2013-S04856-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4856
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 26, 2013
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Local Government
       AN ACT to amend the general municipal law, in relation to the disclosure
         of records and registration information by libraries
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  general  municipal  law  is  amended by adding a new
    2  section 79 to read as follows:
    3    S 79. DISCLOSURE OF RECORDS AND REGISTRATION INFORMATION BY LIBRARIES.
    4  1. ANY LIBRARY WHICH IS IN WHOLE OR IN PART SUPPORTED BY  PUBLIC  FUNDS,
    5  INCLUDING,  BUT  NOT  LIMITED  TO,  PUBLIC,  ACADEMIC, SCHOOL OR SPECIAL
    6  LIBRARIES, AND HAVING RECORDS INDICATING WHICH OF ITS DOCUMENTS OR OTHER
    7  MATERIALS, REGARDLESS OF FORMAT, HAVE BEEN LOANED TO OR USED BY AN IDEN-
    8  TIFIABLE INDIVIDUAL OR GROUP SHALL NOT  DISCLOSE  SUCH  RECORDS  TO  ANY
    9  PERSON EXCEPT:
   10    A.  PERSONS  ACTING  WITHIN  THE SCOPE OF THEIR DUTIES IN THE ADMINIS-
   11  TRATION OF THE LIBRARY;
   12    B. PERSONS AUTHORIZED TO INSPECT SUCH  RECORDS,  IN  WRITING,  BY  THE
   13  INDIVIDUAL OR GROUP; OR
   14    C. BY ORDER OF A COURT OF LAW.
   15    2.  THE  REQUIREMENTS  OF  THIS  SECTION SHALL NOT PROHIBIT MIDDLE AND
   16  ELEMENTARY SCHOOL LIBRARIES FROM MAINTAINING A SYSTEM  OF  RECORDS  THAT
   17  IDENTIFIES  THE  INDIVIDUAL OR GROUP TO WHOM LIBRARY MATERIALS HAVE BEEN
   18  LOANED EVEN IF SUCH SYSTEM PERMITS A DETERMINATION, INDEPENDENT  OF  ANY
   19  DISCLOSURE OF SUCH INFORMATION BY THE LIBRARY, THAT DOCUMENTS OR MATERI-
   20  ALS HAVE BEEN LOANED TO AN INDIVIDUAL OR GROUP.
   21    3.  ALL  REGISTRATION  INFORMATION  OF MINORS COLLECTED BY ANY LIBRARY
   22  WHICH IS SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS,  INCLUDING,  BUT
   23  NOT  LIMITED TO, PUBLIC, ACADEMIC, SCHOOL OR SPECIAL LIBRARIES SHALL NOT
   24  BE DISCLOSED TO ANY PERSON EXCEPT:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10623-01-3
       S. 4856                             2
    1    A. PERSONS ACTING ONLY WITHIN THE LEGITIMATE SCOPE OF THEIR DUTIES  IN
    2  THE ADMINISTRATION OF THE LIBRARY;
    3    B.  PERSONS  AUTHORIZED  TO  INSPECT  SUCH RECORDS, IN WRITING, BY THE
    4  INDIVIDUAL; OR
    5    C. BY ORDER OF A COURT OF LAW.
    6    4. FOR PURPOSES OF THIS SECTION, "REGISTRATION  INFORMATION"  INCLUDES
    7  ANY  INFORMATION  REQUIRED  OF  A  MINOR  IN ORDER TO BECOME ELIGIBLE TO
    8  BORROW BOOKS, UTILIZE LIBRARY SERVICES, AND OTHER MATERIALS.
    9    5. ANY SUSPICIOUS REQUESTS FOR RECORDS OF MINORS THAT  MAY  BE  INDIC-
   10  ATIVE  OF  CRIMINAL  INTENT SHALL BE REPORTED IMMEDIATELY TO APPROPRIATE
   11  LAW ENFORCEMENT AUTHORITIES.
   12    S 2. This act shall take effect immediately.