HB74 Alabama 2011 Session

Existing law prohibits cock fights and fines a person convicted of cock fighting not less than twenty dollars nor more than fifty dollars

This bill would make it a Class A misdemeanor upon a first conviction for a person to do any of the following: Sell or train a cock with the intent that the cock will fight another cock; cause any cock to fight with another cock or cause cocks to injure each other for amusement or gain; own, manage, operate, finance, commercially advertise, promote, sell admission tickets to, or employ persons at any facility for the purpose of cockfighting; possess or use any device or substance intended to enhance the ability of a cock to fight; wager money or anything of value on the results of a cockfight; pay or receive money or anything of value for admission to cock fights; permit or cause a minor to do certain acts relating to cockfighting; or knowingly permit any act in violation of the above. Upon a second or subsequent conviction of the above acts it would be a Class C felony

This bill would make it a Class A misdemeanor for a person to do any of the following: Be knowingly present, as a spectator, at a place where preparations are being made for an exhibition of cockfighting with the intent to be present at the preparations; be knowingly present at an exhibition or to knowingly aid or abet another in the exhibition

This bill would require persons who regularly keep cocks to register the location of the cocks with the Alabama Department of Agriculture and Industries for the purpose of disease control

This bill would provide confiscation procedures for fighting cocks and would define terms

This bill would also provide additional fines and forfeiture of certain property and profits and would provide procedures for filing a report on seizures of cocks found to be fighting and for destroying cocks found to be fighting

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 13A-12-4 of the Code of Alabama 1975, relating to cockfighting; and to add Sections 13A-12-4.1 and 13A-12-4.2 to the Code of Alabama 1975; to make it a Class A misdemeanor upon a first conviction and a Class C felony upon a second or subsequent conviction of certain acts relating to cockfighting; to make it a Class A misdemeanor to be present at cockfights under certain conditions; to require the registration of the location of certain cocks; to provide confiscation procedures for fighting cocks, define terms, provide additional fines and forfeiture of certain property and profits, and provide procedures for filing a report on seizures of cocks found to be fighting and for destroying cocks found to be fighting; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.