A proposed law would extend New Mexico’s limitations on ticket scalping to include performing arts nonprofits, among others.
State lawmakers voted this week to move forward a proposal that would expand the state ticket-scalping law beyond college sports.
Co-sponsor Rep. Kathleen Cates (D-Rio Rancho) presented House Bill 26 to the House Consumer & Public Affairs Committee on Tuesday. Committee members voted 4-2 along party lines to pass the bill through committee.
State law regarding ticket scalping – selling tickets at a higher cost than their original price – currently only covers college athletic events. Violation of the law is a misdemeanor charge that carries a $500 fine or imprisonment for less than a year, or both.
Cates’ bill would expand the law to also include nonprofit organizations, among others.
“Our local arts programs are very important, not just for our culture and our history but also as a revenue generator,” Cates said to the committee.
Opera Southwest Executive Director Tony Zancanella joined Cates as her expert witness and representative for a larger coalition of arts organizations that includes the Santa Fe Symphony, Santa Fe Playhouse, the Lensic Performing Arts Center, National Institute of Flamenco and several others. He explained that not only are consumers being deceived by third-party ticket agents selling tickets at inflated costs, but nonprofit organizations, such as performing arts groups, and state or municipally-sponsored events or venues, such as the KiMo Theatre in Albuquerque, are taking a financial hit.
“I think even more problematically in some ways is that they may then draw conclusions that arts activities are just out of their reach financially, completely, and they never return as potential patrons,” Zancanella said during the meeting.
The bill’s fiscal impact report references a KOAT story last spring about multiple arts organizations, including the New Mexico Ballet Company, New Mexico Gay Men’s Chorus and Opera Southwest that have been impacted by third-party vendors selling their tickets.
Ann Conway, an Opera Southwest board member, spoke during the meeting in favor of the bill, saying ticket scalping is something the organization has been monitoring closely.
“We have a great organization that is doing so much for our communities around the state and this would help them continue to thrive,” Conway said to lawmakers.
The hour-and-a-half long debate over the bill was largely spent addressing questions from Reps. Stefani Lord (R-Sandia Park) and John Block (R-Alamogordo), who were frequently asked by committee Chair Rep. Joanne Ferrary (D-Las Cruces) to stay on topic.
Lord asked if there could be a distinction made in the bill for how much a ticket could be resold for, saying she doesn’t think people should be charged with a crime if they are just trying to make a profit.
“To me, it seems that people have a right, if they buy the ticket and they want to sell it, to make a profit on it,” Lord said during the meeting.
Block asked several questions about the possibility of selling tickets for a profit and then donating the profit back to the nonprofit organization, which Cates said is a tax implication and not within the scope of her bill.
House Bill 26 will be heard by the House Judiciary Committee next, but is not yet scheduled for a specific date.
GET THE MORNING HEADLINES.