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-SENATE BILL 65
-57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
-INTRODUCED BY
-Antoinette Sedillo Lopez and Harold Pope and Kathleen Cates
-AN ACT
-RELATING TO PUBLIC SCHOOLS; REQUIRING SCHOOL DISTRICTS TO
-ESTABLISH POLICIES REGARDING THE MANAGEMENT OF PUBLIC SCHOOL
-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 the Public School Code is
-enacted to read:
-"[NEW MATERIAL] SCHOOL 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
-.232187.4
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-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;
-(2)  "library staff member" includes a public
-school librarian, teacher librarian, library media specialist,
-school employee assigned to duties in a public school library,
-school employee or volunteer who carries out or assists with
-the functions of a public school library;
-(3)  "local school board" includes a governing
-body of a charter school; and
-(4)  "school district" includes a charter
-school.
-B.  In the control and management of public school
-libraries and the administration of library programs and
-services, a school district shall prohibit discrimination
-against the author, content and intended audience of a library
-resource based on disability, race, creed, color, sex, sexual
-.232187.4
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-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 school district may remove a library resource
-from a public school library's permanent collection only in
-accordance with the following:
-(1)  each school district shall adopt a uniform
-process and uniform standards for the removal, restriction or
-discontinuation of a library resource;
-(2)  a request to remove, restrict or
-discontinue a library resource from a public school library may
-be made only by a student enrolled at that school or a
-student's parent;
-(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 library resource shall be reviewed as a whole and
-the adopted standards shall be applied to the library 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
-.232187.4
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-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 a public school
-library's collection.
-D.  No later than September 1, 2026, each local
-school board shall establish and submit to the department for
-approval 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 a public school library's
-collection.  The department shall approve only written policies
-that 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,
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-in good faith, comply with this section and the respective
-school district's policies."
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-.232187.4
+Fiscal impact reports (FIRs) are prepared by the Le gislative Finance Committee (LFC) for standing finance
+committees of the Legislature. LFC does not assume responsibility for th e accuracy of these reports if they
+are used for other purposes.
+
+F I S C A L    I M P A C T    R E P O R T
+
+BILL NUMBER: Senate Bill 65
+SHORT TITLE: Management of Public School Libraries
+SPONSOR: Sens. Sedillo Lopez and Pope/Rep. Cates
+LAST
+UPDATE:
+ ORIGINAL
+DATE:  02/06/2026
+
+ANALYST:  Chilton
+
+ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
+(dollars in thousands)
+Agency/Program FY26 FY27 FY28 3 Year
+Total Cost
+Recurring or
+Nonrecurring
+Fund
+Affected
+ No fiscal impact No fiscal
+impact
+No fiscal
+impact
+No fiscal
+impact
+Parentheses ( ) indicate expenditure decreases.
+*Amounts reflect most recent analysis of this legislation.
+
+Relates to House Bill 26, Senate Bill 45 and Senate Bill 49.
+
+Sources of Information
+
+LFC Files
+
+Agency or Agencies Providing Analysis
+Public Education Department
+Attorney General
+
+Agency or Agencies That Were Asked for Analysis but did not Respond
+Albuquerque Public Schools
+
+SUMMARY
+
+Synopsis of Senate Bill 65
+
+Senate Bill 65 (SB65) enacts new provisions with in the Public School Code, Chapter 22, NMSA
+1978.  It would provide protective regulations for public school libraries and the personnel who
+work in those libraries.
+
+Section 1-A’s definitions define “library res ource” widely, including not only books, but also
+online resources, newspapers, films, and other mate rial kept within a library.  “Library staff
+member” is also widely defined, as including anyone paid or volunteering to work within a
+school library.  “Local school board” includes the governing body of charter schools.
+
+Section 1-B prohibits discrimination against aut hors, any library resource content, or intended
+audience of a given resource ba sed on the characteristics of an y of those peop le and items:
+Senate Bill 65 – Page 2
+
+disability, race, creed, color, sex, sexual orientation, gender identity, gende r expression, family
+composition, religion, age, national origin, tribal affiliation, or ancestry.
+
+Section 1-C provides that library resources may be removed only if
+• The school district has adopted unform standa rds and processes for removal, restriction
+of library resources.
+• A request for removal, restriction or discon tinuation of a given resource has been made
+by a student at that school or such a student’s parent.
+• The resource in question has not been subjected  to a similar request within the preceding
+two years.
+• The resource had been reviewed as a whole.
+• A publicly available final determination has been issued, stating the criteria used.
+
+These provisions would not apply if a resour ce were removed in the normal course of
+deaccession in the library.
+
+Section 1-D requires each school board (and ch arter school governing body) to submit to the
+Public Education Department (PED) written polic ies for item removal, re striction, and display,
+which must be approved by PED.  PED must en sure that the policies comport with the US
+Constitution’s First Amendment.
+
+Section 1-E states that library staff members ca nnot be subjected to any form of retaliation for
+making decisions based on this section of statute.
+
+This bill does not contain an effective date and, as  a result, would go into effect 90 days after the
+Legislature adjourns, which is May 20, 2026.
+
+FISCAL IMPLICATIONS
+
+There is no appropriation in Senate Bill 65.  PED would be charged with evaluating the written
+policies developed by local school boards and char ter schools, but indi cates no added fiscal
+impact caused by this requirement.
+
+SIGNIFICANT ISSUES
+
+Book banning and book banning atte mpts have become increasingly common in  recent years.
+The National Education Association has catalogued 22,810 instances of  book banning in the last
+five years in 45 states.  The books banned or subject to attempts at  book banning especially
+target resources “with LGBTQ+ characters, with Black and brow n characters, with Jewish and
+Muslim characters, and other stories and history that reflects the diversity around us.” In addition
+to traditional print books, online resources and many other forms of resources available in school
+libraries.
+
+PED states that
+The bill has several potentially beneficial components for New Mexi co school districts
+and charter schools. The bill decreases the burden on public school personnel when
+library resources are challenged. The bill potentially decreases legal fees for school
+districts and charters when resources are challenged and will clarify authority for who
+Senate Bill 65 – Page 3
+
+controls access to library resources and the process for challengi ng material. The bill
+explicitly ensures freedom of information a nd access to library materials for students by
+requiring the PED only approve po licies that comply with the more protective of either
+the Second Amendment to the United States C onstitution, or Article II, Section 17 of the
+New Mexico Constitution’s Bill of Rights.
+
+The American Library Association has existin g guidelines for how to challenge library
+resources that school districts and charter schools can use to help develop their policies.
+
+CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
+
+Relates to House Bill 26, Prohibiting Book Ba nning at Public Libraries; Senate Bill 45,
+Academic Library Management Policies; and Se nate Bill 49, School Age-Appropriate Filtering
+Project.
+
+TECHNICAL ISSUES
+
+The Attorney General (NMAG) raises concerns about the following:
+• In Subsection B, it is not clea r what is intended by the phrase “... a school district shall
+prohibit discrimination against the ... content ... of a library resource based on” one of the
+listed criteria. For example, th e first listed criterion is “disability,” and it is unclear how
+one would discriminate against content based on disability. Specifically, it is unclear if
+the bill intends to prohibit discrimination ag ainst an author based on the content of a
+published material, or against a published material based on an author’s identification, or
+against a published material based on the content of the material.
+• The phrase “at minimum” in Paragraph 3 of S ubsection C appears to be surplusage. It
+contradicts the intention of the rest of Pa ragraph 3 of Subsection C, which says that
+library resources may be reviewed for removal only one time within a two-year period.
+• The implementation of Subsection B may pres ent some conflicts with the remaining
+subsections. Subsections A, C, D and E addre ss policies for removal of library resources
+from public school libraries. The subject matt er of Subsection B pr ohibits discrimination
+against and harassment of authors and us ers of library res ources. Subsection B’s
+prohibitions of removal based on content may conflict with legitimate removal (such as
+for age appropriateness) under Subsection C. Consider including guidelines for removal
+to distinguish legitimate removal from discriminatory behavior.
+• The bill requires “uniform standards” for “removal, restriction or discontinuation” of a
+library resource but does not define what thos e standards should be or whether those are
+intended to be included in th e “policies for the acquisition, re tention, display and use” of
+library resources discussed in Subsection (D) (as distin ct from the maintenance and
+deaccession of a library collection, which is separately discussed in Subsections (C)(7)
+and (D)). This could result in inconsistent application across districts.
+
+OTHER SUBSTANTIVE ISSUES
+
+NMAG raises the issue of possible conflict between  the provisions of this bill and the standards
+enacted under the federal Children’s Internet Protection Act, which governs the accessibility to
+schools of federal communications reduced-rate internet access for schools.
+Senate Bill 65 – Page 4
+
+WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
+
+School library personnel may be subjected to requests for “book banning” from outside their
+school’s students and students’ parents and may be retaliated against for failure to accede to their
+demands.
+
+LAC/dw/ct