SENATE BILL

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Harold Pope

 

 

 

 

 

AN ACT

RELATING TO PUBLIC POST-SECONDARY EDUCATION; REQUIRING PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS TO ESTABLISH POLICIES REGARDING THE MANAGEMENT OF LIBRARIES AND THE ADMINISTRATION OF LIBRARY PROGRAMS AND SERVICES; PROHIBITING RETALIATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LIBRARY PROTECTION--POLICIES, STANDARDS AND PROHIBITIONS.--

          A. As used in this section:

                (1) "library resource" means a printed, digital or electronic book or other educational media and includes:

                     (a) a magazine, newspaper, pamphlet or slide deck;

                     (b) an online reference or periodical database, a streaming service or computer software;

                     (c) a microfiche or microfilm;

                     (d) a film, a filmstrip, an audio tape, a video tape, a vinyl record, a compact disc or a digital audio or video file;

                     (e) a poster, a display or an exhibit; and

                     (f) other printed or unprinted materials and library programming; and

                (2) "library staff member" includes faculty members, student employees, volunteers and other personnel assigned to duties in a library of a public post-secondary educational institution.

          B. In the control and management of libraries and the administration of library programs and services, the boards of regents and governing boards of public post-secondary educational institutions shall prohibit discrimination against the author, content and intended audience of a library resource based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, tribal affiliation or ancestry and shall prohibit harassment of the author or intended audience of a library resource.

          C. A library resource may be removed from the permanent collection of a library at a public post-secondary educational institution only in accordance with the following:

                (1) the board of regents or governing board of a public post-secondary educational institution shall adopt a uniform process and uniform standards for the removal, restriction or discontinuation of a library resource based on recommendations from the institution's library faculty and administrators;

                (2) a request to remove, restrict or discontinue a library resource from an institution's library may be made only by a student matriculating at the institution;

                (3) a library resource shall not be considered for removal, restriction or discontinuation more than once in a two-year period, at minimum;

                (4) when a library resource is considered for removal, the resource shall be reviewed as a whole and the adopted standards shall be applied to the resource as a whole;

                (5) a final determination of a request to remove, restrict or discontinue a library resource shall be in writing, available to the public and include the standards used in making the determination and how those standards were applied to the library resource at issue;

                (6) a library resource subject to a request for removal, restriction or discontinuation shall not be removed, restricted or discontinued until a final determination is made; and

                (7) the provisions of this section shall not apply to routine maintenance and deaccession of an institution's library's collection.

          D. No later than September 1, 2026, the boards of regents and governing boards of public post-secondary educational institutions shall adopt written policies that reflect the provisions of this section, including written policies for the acquisition, retention, display and use of library resources and for the maintenance and deaccession of the library collections of the institutions. The written policies shall comply with the first amendment to the United States constitution or Article 2, Section 17 of the constitution of New Mexico concerning freedom of speech, whichever is more protective of speech.

          E. A library staff member shall not be subject to termination, demotion, discipline or retaliation for refusing to remove, restrict or discontinue a library resource before a final determination to remove, restrict or discontinue that library resource has been made in accordance with this section or for making decisions that the library staff member believes, in good faith, comply with this section and the respective institution's policies."

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