Exotic Animal Traveling Shows

Prohibits live elephants in traveling shows, circuses, fairs,
carnivals, animal or educational exhibits, advertising displays,
or commercials from being brought into the State unless they will
physically reside in this State for more than 300 days in that
year.  Exempts elephants in feature films and television series.

HOUSE OF REPRESENTATIVES                H.B. NO.1722       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  On August 20, 1994, while performing at the Neal
 2 Blaisdell Center, Tyke--an African elephant--crushed her trainer
 3 and injured fifteen other persons, then escaped into the streets
 4 of downtown Honolulu.  Over the next hour, police officers fired
 5 eighty-seven bullets into Tyke's body without observable effect
 6 as she charged wildly after pedestrians and angrily smashed
 7 vehicles throughout several city blocks.  Tyke finally collapsed
 8 and died of her massive wounds before a shocked crowd of police
 9 officers, television cameras, and onlookers.  Later--as a crane
10 removed her bullet-ridden body--counseling was given to police
11 officers involved in the shooting, children who witnessed the
12 violent death of Tyke's trainer, and onlookers and television
13 viewers who witnessed Tyke's slow and painful death.  Tyke's
14 death was made even more horrendous because circus officials, zoo
15 veterinarians, and police officers were not properly equipped and
16 trained to effectively and mercifully kill a rampaging African
17 elephant.
18      The legislature finds that the public display of traveling
19 live elephants is inherently dangerous to the public, monetarily
20 risky for the State, as well as stressful for, and abusive to,

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                                     H.B. NO.1722       

 1 the animals.  Seemingly tame traveling live elephants used in
 2 public displays can become uncontrollable and dangerous to
 3 people, property, and themselves when subjected to the stresses
 4 of traveling on public display for long hours.  In addition, the
 5 elephants are frequently subjected to physical abuse and inhumane
 6 conditions, furthering the potential for the animals to act in
 7 unexpected and dangerous ways.  Traveling exhibits involving the
 8 public display of live elephants are difficult and costly to
 9 monitor and inspect, including investigating the background of
10 the operators, handlers, and animals.
11      The legislature finds it to be in the best interest of the
12 State and the animals to prohibit live elephants in traveling
13 exhibits from being brought into the State except for use in the
14 production of a feature film or television series.
15      SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended
16 by adding a new section to be appropriately designated and to
17 read as follows:
18      "711-     Live exotic animals.  (1)  As used in this
19 section, unless the context requires otherwise:
20      "Live exotic animal" means a live elephant.
21      "Traveling" means going from one place to another by ship,
22 boat, airplane, car, van, truck, train, or other mode of
23 transportation.

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                                     H.B. NO.1722       

 1      (2)  No person shall bring any live exotic animal into the
 2 State as part of a traveling show, circus, fair, carnival, animal
 3 or educational exhibit, advertising display, or commercial into
 4 the State unless the animal physically remains in this State for
 5 more than three hundred continuous days in the year of the exotic
 6 animal's performance.  This subsection shall apply to events and
 7 activities taking place on either public or private property
 8 whether or not a fee is charged to spectators.  This subsection
 9 shall not apply to a person or movie company that brings a live
10 exotic animal into the State for use in the production of a
11 feature film or television series; provided that this exemption
12 shall not be construed to allow the use of the live exotic animal
13 in any show, circus, fair, carnival, animal or educational
14 exhibit, advertising display, or commercial during or after the
15 completion of the film or series.
16      (3)  Any person, on behalf of any live exotic animal in a
17 traveling show, circus, fair, carnival, animal or educational
18 exhibit, advertising display, commercial, or movie company, may
19 bring a civil action to obtain injunctive relief to prevent or
20 address any violation of this section, or to compel the
21 enforcement of this section.  The court, in issuing any final
22 order in any action brought pursuant to this section, may award
23 attorney's fees and other costs of litigation to the plaintiffs,

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                                     H.B. NO.1722       

 1 and may impose a civil penalty of $5,000 per animal per day
 2 against any person who violates this section.  The civil penalty
 3 provided in this subsection shall be in addition to the criminal
 4 penalties provided in subsection (4).
 5      (4)  Any person who violates this section shall be guilty of
 6 a misdemeanor.  The criminal penalties provided in this
 7 subsection shall be in addition to the civil penalty provided in
 8 subsection (3)."
 9      SECTION 3.  This Act does not affect rights and duties that
10 matured, penalties that were incurred, and proceedings that were
11 begun, before its effective date.
12      SECTION 4.  New statutory material is underscored.
13      SECTION 5.  This Act shall take effect upon its approval.
15                           INTRODUCED BY:_________________________