HOUSE MEMORIAL 17

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Pamelya Herndon and John Block

 

 

 

 

 

A MEMORIAL

REQUESTING THE REGULATION AND LICENSING DEPARTMENT TO CONVENE A TASK FORCE TO STUDY AND RECOMMEND A REGULATORY FRAMEWORK FOR ACTIVITIES OR SERVICES OFFERED OR RENDERED BY PERSONS OPERATING IN NEW MEXICO'S MOTION PICTURE, TELEVISION AND PERFORMING ARTS INDUSTRIES.

 

     WHEREAS, the motion picture, television and performing arts industries are important components of New Mexico's economy and workforce; and

     WHEREAS, artists and performers rely on professional services to obtain employment, develop careers, manage public presence and negotiate compensation; and

     WHEREAS, the term "talent management" is commonly used to describe activities or professional services provided in exchange for monetary compensation that include procuring or attempting to procure for monetary compensation: employment, career counseling or consulting, branding, publicity, social media and digital presence management, contract-related advising, referral services or casting-related services; and

     WHEREAS, persons commonly known as "talent agents" engage in procuring, offering, promising or attempting to procure employment or engagements for artists or performers, whether or not those persons are franchised by a labor organization; and

     WHEREAS, persons commonly known as "talent managers", in exchange for monetary compensation, but without regulatory standards, provide career guidance or representation and, in some cases, engage directly or indirectly in the procurement of employment; and 

     WHEREAS, certain casting entities, including background casting companies and independent casting services not affiliated with recognized professional associations, may exercise discretion without uniform oversight over performer selection or placement; and

     WHEREAS, some additional services related to talent management, including public relations, publicity, social media management or digital brand representation, may overlap with employment procurement or contractual arrangements; and

     WHEREAS, the lack of regulatory standards and oversight has led to an unclear understanding of industry terms, creates uncertainty for artists or performers, service providers and producers and may expose those in the industry to unfair practices or exorbitant fees; and

     WHEREAS, other states have enacted statutory frameworks defining the titles and roles of talent agents, managers and related services providers and providing oversight regarding talent employment procurement; and

     WHEREAS, New Mexico does not have a statutory framework to define, delineate and, as needed, regulate industry practices, but the state's motion picture, television and performing arts industries could benefit from such a framework; and

     WHEREAS, a task force convened by the regulation and licensing department could study and evaluate existing gaps, review industry best practices and make recommendations tailored to New Mexico's motion picture, television and performing arts industries;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the regulation and licensing department be requested to convene a task force by July 15, 2026 to:

          A. study and recommend a regulatory framework for activities or services offered or rendered by persons operating in New Mexico's motion picture, television and performing arts industries. The study should include industry-related services, including talent management, talent agents, talent managers, talent advisors, talent consultants, publicists, social media managers or consultants and background casting services and casting entities not affiliated with the casting society; 

          B. evaluate when industry-related activities or services constitute the procurement of employment and warrant regulation or oversight by the regulation and licensing department; and

          C. recommend statutory or administrative action to promote transparency, fairness and workforce protection while supporting growth in New Mexico's motion picture, television and performing arts industries; and

     BE IT FURTHER RESOLVED that the task force include:

          A. a representative from the screen actors guild-American federation of television and radio artists;

          B. a representative from the New Mexico film division of the economic development department;

          C. a representative from the governor's council on film and media industries;

          D. a member of the New Mexico house of representatives;

          E. a member of the New Mexico senate;

          F. a casting director accredited by the casting society;

          G. a talent agent franchised by the screen actors guild-American federation of television and radio artists;

          H. a representative from the department of justice;

          I. a representative from the Albuquerque film office;

          J. a representative from the Santa Fe film office;

          K. a representative from film Las Cruces; and

          L. a representative from the Indian affairs department; and

     BE IT FURTHER RESOLVED that the task force complete its report no later than November 1, 2026 and report its findings and recommendations no later than November 30, 2026 to the governor, the legislative interim committee that studies courts, corrections and justice, the New Mexico film division of the economic development department and the executive director of the screen actors guild-American federation of television and radio artists; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the superintendent of regulation and licensing and the governor.

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