By Clint Confehr

Senior Staff Writer

The Humane Society is "lobbying heavily" to increase punishment for cockfighting, but state Rep. Billy Spivey of Lewisburg is against that, he said Wednesday.

"They're asking that the second offense be a felony and the first offense have a greater fine," Spivey said. "Gambling charges are available to the district attorney when a cockfight is busted."

Humane Society investigations into cockfighting have led to arrests in south central Tennessee in recent months. According to one court officer, there's been no cockfight case in the courts here for more than a decade.

"I've heard it takes place," Spivey said when asked about cockfighting in this area.

In Marshall County?

"Never heard that," he replied. Told motorists could easily see colorful roosters, Spivey commented, "There are some good-looking birds around here."

As for what he'd like to do about the legislation, Spivey replied, "I would like to spur it."

The bill sponsored by Rep. Jon Lundberg of Bristol was passed by the Agriculture and Natural Resources Committee "without my vote," Spivey said. "After all it is a chicken."

Various offenses are defined in state law regarding cockfighting when someone is a spectator, a handler or other participant. The offense is a misdemeanor, punishable by up to 11 months and 29 days incarceration and/or a fine up to $2,500.

Under this bill, an offense would remain a misdemeanor for a first offense, but there would be a minimum fine of $500. Subsequent cockfighting offenses would be felonies, punishable by up to six years imprisonment and a fine up to $3,000.

Spivey's against that because, "We ought to be spending the taxpayers' time and money on something more important like our children and education and stop bogging down the system with things like this."

A legislative summary of the bill reports that it costs Tennessee $85,100 per year to keep an inmate incarcerated.

"That's an incredible number," Spivey said. "There's an overcrowding situation with our prisons. I wonder if the Humane Society would make a contribution to build another prison."

Spivey has spoken with the commissioner of corrections and said inmate housing issues aren't not based on crowded condition, but rather the parole system, he said.

"The process needs refining," Spivey said. "The system is strained.

"Finding more ways to put people in prison isn't the answer," he said. "Col. Sanders is doing a lot to the chicken population."

As for the prospect of the cockfighting bill becoming law, Spivey said "They rolled it for four weeks... That means it will take them that long to find the votes and I don't think they will."

The Humane Society "had to pay somebody to lobby for it," he said of the proposed law.

"But they've not been to see me. I'll listen to anybody who's got an opinion on it."

In his district, comprised of Marshall, and parts of Lincoln, Franklin and Marion counties, he said, "I've not found one (constituent) yet who thinks it's a priority."