State bill would ban library book bans and protect librarians’ jobs

A state lawmaker has pre-filed legislation that would prohibit public libraries from banning books and add new protections for library employees, a move that could reshape how San Juan County libraries handle contested materials.

House Bill 26, filed by Rep. Kathleen Cates (D-Rio Rancho), would bar public library systems from removing books solely through local bans, require libraries to maintain a formal procedure for challenging materials "believed to be obscene, unlawful or incompatible with the library’s purpose," and prohibit retaliation against staff who follow those policies. The measure also designates the state Department of Cultural Affairs’ library division as the agency responsible for enforcement and would make libraries ineligible for state funding if they fail to comply.

The bill was pre-filed ahead of a 30-day legislative session that begins Jan. 20. Because this session is limited to budgetary matters unless otherwise specified, Gov. Michelle Lujan Grisham would need to include the issue in her official call for the session to allow the bill to move forward. Her office did not immediately respond to requests for clarification on whether she plans to do so.

Cates said HB26 is "almost identical" to a prior proposal she sponsored, the Librarian Protection Act, which did not reach a House floor vote last year. She described the new filing as "refined" after additional stakeholder input. She emphasized the employment protections as a key change: "We wanted some protections on employment for librarians as well, so that’s really our biggest change, is making sure that librarians are not fired or passed over because they’re following their policies rather than political whims," Cates said.

The bill follows complaints from authors and library staff across New Mexico who report facing pressure, threats, and efforts to remove books from public catalogs. Albuquerque-based author Kit Rosewater, who says she has experienced censorship of her novel The Derby Daredevils: Kenzie Kickstarts A Team, founded Freedom to Read New Mexico last year and has worked with lawmakers on the pending legislation. Local authors in San Juan County and beyond have raised similar concerns about losing shelf space and access for readers.

For San Juan County residents, the legislation matters in practical ways: it could alter how the county’s public libraries process complaints, protect librarians who enforce established policies, and tie state funding to compliance. If enacted, the law would shift dispute resolution away from ad hoc pressure campaigns and toward formal review procedures administered under state oversight.

Our two cents? Pay attention to your local library board and municipal leaders over the next few weeks, review your library’s challenge policy, and consider speaking up at meetings if you value open access to the stacks—supporting clear procedures now could save heated disputes later.