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HB0026
HOUSE BILL 26
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Kathleen Cates
and
Harold Pope
and
Antoinette Sedillo Lopez
and
Patricia Roybal Caballero
AN ACT
RELATING TO CULTURAL AFFAIRS; PROHIBITING BOOK BANNING AT
PUBLIC LIBRARIES; ALLOWING FOR PROCEDURES TO CHALLENGE CERTAIN
MATERIALS OR RESOURCES; PROHIBITING RETALIATION FOR COMPLIANCE;
ASSIGNING ENFORCEMENT DUTIES TO THE LIBRARY DIVISION OF THE
CULTURAL AFFAIRS DEPARTMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
[
NEW MATERIAL
] LIBRARIES--BOOK BANNING
PROHIBITED.--
A. Book banning is contrary to the public policy of
the state of New Mexico. A public library operated or funded
by the state, a county or a municipality shall not prohibit,
exclude or remove material from the library's collection or
other library resources on the basis of:
(1) partisan or doctrinal disapproval of the
material's or resources' content; or
(2) the intended audience's or the author's or
creator's race, nationality, religion, sex or gender, sexual
orientation, political affiliation or characteristics otherwise
protected from unlawful discriminatory practice in public
accommodation as provided in Section 28-1-7 NMSA 1978.
B. A public library operated by the state, a county
or a municipality shall establish a written procedure for
persons to challenge the library's inclusion of materials or
resources believed to be obscene, unlawful or incompatible with
the library's purpose.
C. The state, a county or a municipality shall not:
(1) interfere with a library's operation or
reduce a library's funding because of the library's compliance
with the provisions of this section; or
(2) terminate, demote, discipline or retaliate
against a public library staff member for refusing to remove,
restrict or discontinue library materials or resources when the
staff member's decision is made with a good-faith belief that
the staff member is complying with the provisions of this
section.
D. A public library that prohibits, excludes or
removes material from the library's collection in violation of
Subsection A of this section shall not be eligible to receive
state money.
E. The library division of the cultural affairs
department shall enforce the provisions of this section.
SECTION 2.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.
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