Library-Related Laws and Regulations

Executive Order Targeting the Institute of Museum and Library Services (IMLS)

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The NYS Library and Division of Library Development receives $8.1 million from the IMLS. This money is used to administer the state aid to libraries, manage the State Aid for Library Construction, administer discretionary grant programs, and provide technical assistance to public libraries with guidance on library chartering, funding, governance, and accountability. If the NYS Library and the Division of Library Development do not receive this federal aid, it will impact all of the 7,000 libraries, 72 library systems, and the NYS Library.

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Smoking Prohibited within 100 Feet of Public Library Boundaries

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New York passed a prohibition on smoking on the grounds of libraries which took effect on June 19, 2019. Public Health Law §1399-o was amended by adding a new subdivision 6 to read:

6.  Smoking shall not be permitted and no person shall smoke within one hundred feet of the entrances, exits or outdoor areas of any public or association library as defined in subdivision two of section two hundred fifty-three of the education law; provided, however, that the provisions of this subdivision shall not apply to smoking in a residence, or within the real property boundary lines of such residential real property.

Libraries (which includes reading rooms) are required to “prominently post” and “properly maintain” signage where smoking is restricted. The signs should be located approximately where the 100-foot restricted perimeter  begins, or as close as possible. Libraries which are co-located in a building with non-library entities should contact the local county department of health to determine what is required to comply with the law. A sign needs to be outside of each door of the building, regardless of whether such door serves as a public entrance or exit.

We recommend that each library adopt a Tobacco Free Policy. Below is a sample that libraries can use and customize for their needs.

Sample Tobacco Policy

New York Requires Sexual Harassment Prevention Training and Policies

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Under a new law passed in 2018, employers must offer yearly sexual harassment prevention training required by the State of New York. All employees and Board members need to attend the training.  Volunteers and interns are strongly encouraged to take the training.  Any employee or Board member who does the training through another employer does NOT need to duplicate the effort—just show your completion certificate to your director or other person you’ve designated for tracking compliance.  The initial deadline for compliance was October 9, 2019.

In the summer of 2019, CEFLS offered some live training session, but there is another option for those who couldn’t attend: a FREE online certification.  This is a course prepared by New York City and has a few points that go further than State law requires, but it does meet all State requirements.  Once completed you will be able to print a certificate of completion.  It takes about 45 minutes to complete the course. Find it at the following link:

https://www1.nyc.gov/site/cchr/law/sexual-harassment-training.page  (Scroll to the bottom of the page—the training is available in both English and Spanish.)

You do not need to report attendance to CEFLS—each library should maintain those records for their employees and board members. Training will need to be completed each year.

Each employer must also have a Sexual Harassment Prevention policy. See Combating Sexual Harassment in the Workplace from New York State for how to create a policy that meets the requirements.

See https://www.nysenate.gov/legislation/laws/LAB/201-G for the text of the law.