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F I S C A L I M P A C T R E P O R T

SPONSOR Wirth

DATE TYPED 2/19/05

HB 878

SHORT TITLE Prohibit Cockfighting

SB

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

Duplicates SB 65, SB 66

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office AGO)

Corrections Department (CD)

SUMMARY

Synopsis of Bill

House Bill 878 amends existing law that has dog fighting as a fourth degree felony to include

cockfighting for monetary gain or entertainment as a fourth degree felony. Being present at a

cockfight, owning a participating cock, or training one to participate in a fight will be penalized

as a fourth degree felony.

Significant Issues

Cockfighting is an activity that has drawn intense comments from both the proponents of the

sport and the opponents.

Proponents argue that cockfighting is a sport, part of the heritage of a culture group and the

views of opponents should not be imposed on those who favor a continuation of the sport. A

pamphlet produced by the New Mexico Game Fowl Breeders Association and the New Mexico

Game Fowl Fanciers Association claim the sport is a $50 million a year activity that produces

economic benefits to the state. The Association, according to the pamphlet, has a membership of

House Bill 878 -- Page 2

2,500 members. Proponents consider the conduct of cockfights a private activity.

Animal rights groups, who are opposed to cockfighting, argue that:

•

Cockfighting perpetuates violence in our communities and that there is an undeniable link

between cruelty to animals and violence toward humans.

•

Cocks are creatures who do not have the capacity to consent to engage in the self-

destructive behavior of fighting

Some high profile personalities opposed to cockfighting have publicly endorsed the banning of

cockfights and have suggested that cockfighting could make attracting the film industry to New

Mexico more difficult.

The Vice President of Governmental Affairs for the Association of Commerce and Industry

writes:

“…there are only two states left that endorse the blood sport. It's inevitable that either

New Mexico or Louisiana will be the only state where the barbaric practice is legal. In a

state like New Mexico, which is so concerned about its national image these days, it's

surprising there hasn't been a stronger movement to abolish cockfights sooner, especially

with polls showing up to 80 percent of the population opposed to it. Most western states

outlawed it in the early 1900s, after its popularity died off after the Civil War.”

Cockfighting is banned in 13 New Mexico counties including Bernalillo and in 28 municipalities

including Albuquerque.

FISCAL IMPLICATIONS

There is no appropriation in the bill. The AGO and CD report the bill could increase costs to the

CD as a result of the new crime. However, the number of convictions is likely to be minimal

DUPLICATION

HB 878 duplicates SB 65 & SB 66.

POSSIBLE QUESTIONS

1.

If cockfighting is a sport, should it be regulated like all other sports.

2.

Does conduct of the sport generate revenue for the state, e.g., gross receipts taxes.

3.

Does the conduct of a cockfight require a license from a municipality or county gov-

erning board. Should there be such a requirement.

4.

At cockfights, does anyone sell foodstuffs or beverages (sodas). If so, are gross re-

ceipts taxes assessed and transmitted to the state’s Taxation and Revenue Depart-

ment.

5.

What economic development benefits accrue to the state from the sport of cock fight-

ing.

DW/sb