Text of NM HB 123 (2024)
Prohibit Library Book Banning
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As introduced
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HOUSE BILL 123
56TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2024
INTRODUCED BY
Kathleen Cates and Harold Pope
AN ACT
RELATING TO LIBRARIES; PROSCRIBING THE BANNING OF LIBRARY
MATERIALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] PUBLIC LIBRARIES--PROHIBITING
BOOK BANNING.--
A. A public library shall not be eligible to
receive state funds unless the library:
(1) adopts and complies with the American
library association's library bill of rights, including the
requirement that library materials not be proscribed or removed
because of partisan or doctrinal disapproval or the author's
race, nationality, gender identity, sexual orientation or
political or religious views; or
(2) adopts a written policy prohibiting the
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practice of banning books or other library materials within the
library or library system on the basis of partisan or doctrinal
disapproval or the author's race, nationality, gender identity,
sexual orientation or political or religious views pursuant to
rules promulgated by the state librarian.
B. A political subdivision of the state shall not
reduce funding for a public library due to the library's
compliance with the provisions of Subsection A of this section.
C. The provisions of Subsection A of this section
are not intended to curtail the right of individuals to
challenge library materials as part of an approved library
collection development policy following established library
materials challenge procedures.
D. As used in this section:
(1) "ban" means the act of removing or
prohibiting the addition of materials from a public library;
(2) "challenge" means an attempt to remove or
restrict materials in a public library; and
(3) "public library" means a library that
completes and submits to the state librarian an annual New
Mexico public library survey.
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2024.
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