Report Title:
Live Elephants; Prohibited in State
Description:
Prohibits bringing in live elephants into the State, except for breeding purposes or for exhibition in a zoo.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2772 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING to ELEPHANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the elephants used in circuses are often Asian elephants, which are an endangered species. Abusive practices are used in order to train these majestic animals to perform the many acts we witness in the circus. These practices include routine beatings and the use of bullhooks, which are clubs with sharp metal hooks, to discipline and intimidate the animals. These techniques and treatment violate the Animal Welfare Act of 1966 (7 U.S.C. 2131-2155; 80 Stat. 350, 84 Stat. 1560, 90 Stat. 417, 99 Stat. 1645, 104 Stat. 4066, 5177; 105 Stat. 1984; 109 Stat. 711, 948), as amended, and the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended -- two federal laws that prohibit harming or harassing animals. In fact, the United States Department of Agriculture, the federal agency with jurisdiction over animals used in entertainment, has found some well-known circuses in violation of the Animal Welfare Act on several occasions.
In order to train elephants to perform on command, many elephants start training when they are still babies. This requires forcibly removing them from their mothers long before they are weaned, breaking the natural bond that lasts for years between mother and child. The United States Department of Agriculture also has cited some circuses for the visible harm done to the babies during the removal process.
In addition to these intentional acts of cruelty, the nature of this industry requires that elephants spend countless hours and days on the road, traveling from one town to the next to perform. They are housed in hot, cramped quarters that bear no semblance to their natural habitat. Whether traveling between shows or housed at convention centers, elephants are chained for up to twenty-three hours a day, thus preventing them from taking their daily, mile-long walks as they do in the wild. Furthermore, the acts by elephants that the public witnesses in the circus do not serve any educational or conservation purposes. They are done simply for human entertainment, at great expense and harm to these intelligent and beautiful animals.
The legislature further finds that the public display of traveling live elephants is inherently dangerous to the public and monetarily risky for the State in terms of liability. Seemingly tame traveling live elephants used in public displays can become uncontrollable and dangerous to people, property, and themselves when subjected to the stresses of traveling on public display for long hours. In addition, the potential for the animals to act in unexpected and dangerous ways is amplified because elephants are frequently subjected to physical abuse and inhumane conditions. Moreover, traveling exhibits involving the public display of live elephants are difficult and costly to monitor and inspect, including investigation of the backgrounds of operators, handlers, and the animals themselves.
The legislature finds it to be in the best interest of the State and the animals to prohibit live elephants in traveling exhibits from being brought into the State except for use in the production of a feature film or a television series.
SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§143- Elephants. No person shall bring any live elephant into the State for any reason other than for breeding in a breeding facility or for exhibition in a zoo."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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