Report Title:
Live Elephants; Prohibited in Circuses in State
Description:
Prohibits live elephants in traveling shows, circuses, fairs, carnivals, animal or educational exhibits, advertising displays, or commercials from being brought into the State. Exempts elephants in feature films and television series.
THE SENATE |
S.B. NO. |
2099 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LIVE EXOTIC ANIMAL TRAVELING EXHIBITS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many elephants used in circuses are Asian elephants, which are on the endangered species list. In order to train these majestic animals to perform the many acts we witness in the circus, abusive practices are used. 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, baby elephants are often used. They usually must be forcibly removed 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 prevented 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 purpose. 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 investigating the backgrounds of the operators, handlers, and 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 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Live exotic animals. (1) As used in this section, unless the context requires otherwise:
"Live exotic animal" means a live elephant.
"Traveling" means going from one place to another by ship, boat, airplane, car, van, truck, train, or other mode of transportation.
(2) No person shall bring any live exotic animal into the State as part of a traveling show, circus, fair, carnival, animal or educational exhibit, advertising display, or commercial. This subsection shall apply to events and activities taking place on either public or private property regardless of whether a fee is charged to spectators. This subsection shall not apply to a person or movie company that brings a live exotic animal into the State for use in the production of a feature film or television series; provided that this exemption shall not be construed to allow the use of the live exotic animal in any show, circus, fair, carnival, animal or educational exhibit, advertising display, or commercial during or after the completion of the film or series.
(3) Any person, on behalf of any live exotic animal in a traveling show, circus, fair, carnival, animal or educational exhibit, advertising display, commercial, or movie company, may bring a civil action to obtain injunctive relief to prevent or address any violation of this section or to compel the enforcement of this section. The court, in issuing any final order in any action brought pursuant to this section, may award attorney's fees and other costs of litigation to the plaintiff and may impose a civil penalty of $5,000 per exotic animal per day against any person who violates this section. The civil penalty provided in this subsection shall be in addition to the criminal penalties provided in subsection (4).
(4) Any person who violates this section shall be guilty of a misdemeanor. The criminal penalties provided in this subsection shall be in addition to the civil penalty provided in subsection (3)."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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