If enacted, the proposal would limit why covered New Mexico public libraries may remove materials and require a written process for challenges.
Covered public libraries would not be allowed to remove materials because of political or religious disagreement, or because of the author's or intended audience's protected traits.
These libraries would have to provide a written way for people to challenge materials they believe are obscene, unlawful, or outside the library's purpose.
Government could not interfere with or cut funding to a complying library. Staff would be protected from punishment for refusing to restrict materials when they honestly believe they are following the proposed rules.
A library that removes materials in violation of the proposed ban would not qualify for state money. The Cultural Affairs Department's Library Division would enforce the rules.
The proposal would bar covered public libraries from removing materials for specified reasons. It covers public libraries operated or funded by the state, a county, or a municipality. The bar covers removal because of partisan or doctrinal disapproval, or because of the author's or intended audience's listed protected traits. If enacted, this rule would take effect July 1, 2026.
Covered public libraries would have to establish a written process for challenging materials. It applies to public libraries operated by the state, a county, or a municipality. People could challenge materials they believe are obscene, unlawful, or incompatible with the library's purpose. If enacted, this requirement would take effect July 1, 2026.
The proposal would protect complying libraries and some library staff from specified penalties. The protections cover public libraries and their staff under the proposed section. The state, a county, or a municipality could not interfere with a library's operation or reduce its funding because the library complied. Staff could not be fired, demoted, disciplined, or otherwise punished for refusing to remove or limit materials if they honestly believed they were following the proposed rules. If enacted, these protections would take effect July 1, 2026.
A library that violates the proposed removal ban would be ineligible for state money, and the state's Library Division would enforce the section. The Library Division of the Cultural Affairs Department would enforce the section. The funding restriction applies when a library removes materials in violation of the proposed ban. If enacted, these provisions would take effect July 1, 2026.
No hearings or votes scheduled.