Bill > SB45

This bill requires public post-secondary educational institutions in New Mexico to establish policies for managing their libraries and administering library programs and services, with a particular focus on protecting library resources from discriminatory removal or restriction. It defines "library resource" broadly to include various formats of educational materials, both physical and digital, and "library staff member" to encompass all personnel working in a library. The bill prohibits discrimination against the content or intended audience of a library resource based on protected characteristics such as race, sex, sexual orientation, religion, and national origin, and also forbids harassment related to these resources. Crucially, it outlines a specific, multi-step process for considering the removal, restriction, or discontinuation of a library resource, requiring a uniform process and standards adopted by the institution's governing board, with requests only initiated by students, and a minimum two-year waiting period between reconsideration attempts. Any final decision must be in writing, publicly accessible, and clearly explain the standards used and how they were applied. Furthermore, the bill mandates that institutions adopt written policies by September 1, 2026, covering the acquisition, retention, display, and use of library resources, as well as collection maintenance, ensuring these policies align with free speech protections under both the U.S. and New Mexico constitutions. Finally, it explicitly prohibits retaliation against library staff members for refusing to act on a removal request before a final decision is made or for making good-faith decisions they believe comply with the bill and institutional policies.

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=45&year=26