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1A MEMORIAL
2  REQUESTING THE REGULATION AND LICENSING DEPARTMENT TO CONVENE
3  A TASK FORCE TO STUDY AND RECOMMEND A REGULATORY FRAMEWORK
4  FOR ACTIVITIES OR SERVICES OFFERED OR RENDERED BY PERSONS
5  OPERATING IN NEW MEXICO'S MOTION PICTURE, TELEVISION AND
6  PERFORMING ARTS INDUSTRIES.
7
8WHEREAS, the motion picture, television and performing
9  arts industries are important components of New Mexico's
10 economy and workforce; and
11      WHEREAS, artists and performers rely on professional
12 services to obtain employment, develop careers, manage public
13 presence and negotiate compensation; and
14      WHEREAS, the term "talent management" is commonly used
15 to describe activities or professional services provided in
16 exchange for monetary compensation that include procuring or
17 attempting to procure for monetary compensation:   employment,
18 career counseling or consulting, branding, publicity, social
19 media and digital presence management, contract-related
20 advising, referral services or casting-related services; and
21      WHEREAS, persons commonly known as "talent agents"
22 engage in procuring, offering, promising or attempting to
23 procure employment or engagements for artists or performers,
24 whether or not those persons are franchised by a labor
25 organization; and  HM 17
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1WHEREAS, persons commonly known as "talent managers", in
2  exchange for monetary compensation, but without regulatory
3  standards, provide career guidance or representation and, in
4  some cases, engage directly or indirectly in the procurement
5  of employment; and
6WHEREAS, certain casting entities, including background
7  casting companies and independent casting services not
8  affiliated with recognized professional associations, may
9  exercise discretion without uniform oversight over performer
10 selection or placement; and
11      WHEREAS, some additional services related to talent
12 management, including public relations, publicity, social
13 media management or digital brand representation, may overlap
14 with employment procurement or contractual arrangements; and
15      WHEREAS, the lack of regulatory standards and oversight
16 has led to an unclear understanding of industry terms,
17 creates uncertainty for artists or performers, service
18 providers and producers and may expose those in the industry
19 to unfair practices or exorbitant fees; and
20      WHEREAS, other states have enacted statutory frameworks
21 defining the titles and roles of talent agents, managers and
22 related services providers and providing oversight regarding
23 talent employment procurement; and
24      WHEREAS, New Mexico does not have a statutory framework
25 to define, delineate and, as needed, regulate industry  HM 17
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1  practices, but the state's motion picture, television and
2  performing arts industries could benefit from such a
3  framework; and
4WHEREAS, a task force convened by the regulation and
5  licensing department could study and evaluate existing gaps,
6  review industry best practices and make recommendations
7  tailored to New Mexico's motion picture, television and
8  performing arts industries;
9NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
10 REPRESENTATIVES OF THE STATE OF NEW MEXICO that the
11 regulation and licensing department be requested to convene a
12 task force by July 15, 2026 to:
13A.     study and recommend a regulatory framework for
14 activities or services offered or rendered by persons
15 operating in New Mexico's motion picture, television and
16 performing arts industries.    The study should include
17 industry-related services, including talent management,
18 talent agents, talent managers, talent advisors, talent
19 consultants, publicists, social media managers or consultants
20 and background casting services and casting entities not
21 affiliated with the casting society;
22B.     evaluate when industry-related activities or
23 services constitute the procurement of employment and warrant
24 regulation or oversight by the regulation and licensing
25 department; and  HM 17
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1C.   recommend statutory or administrative action to
2  promote transparency, fairness and workforce protection while
3  supporting growth in New Mexico's motion picture, television
4  and performing arts industries; and
5BE IT FURTHER RESOLVED that the task force include:
6A.   a representative from the screen actors guild-
7  American federation of television and radio artists;
8B.   a representative from the New Mexico film
9  division of the economic development department;
10C.   a representative from the governor's council on
11 film and media industries;
12D.   a member of the New Mexico house of
13 representatives;
14E.   a member of the New Mexico senate;
15F.   a casting director accredited by the casting
16 society;
17G.   a talent agent franchised by the screen actors
18 guild-American federation of television and radio artists;
19H.   a representative from the department of
20 justice;
21I.   a representative from the Albuquerque film
22 office;
23J.   a representative from the Santa Fe film office;
24K.   a representative from film Las Cruces; and
25L.   a representative from the Indian affairs  HM 17
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1  department; and
2BE IT FURTHER RESOLVED that the task force complete its
3  report no later than November 1, 2026 and report its findings
4  and recommendations no later than November 30, 2026 to the
5  governor, the legislative interim committee that studies
6  courts, corrections and justice, the New Mexico film division
7  of the economic development department and the executive
8  director of the screen actors guild-American federation of
9  television and radio artists; and
10      BE IT FURTHER RESOLVED that copies of this memorial be
11 transmitted to the superintendent of regulation and licensing
12 and the governor.  HM 17
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