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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
pg_0002
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