Report Title:

Circus Elephants; Prohibition on Importation and Use in a Circus

Description:

Prohibits circuses from importing elephants to perform in Hawaii. Prohibits the use of elephants in a circus performance.

THE SENATE

S.B. NO.

2668

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to ANIMALs.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§711-   Cruelty to animals; circus elephants. (1) A person commits the offense of cruelty to animals if the person uses or allows an elephant to perform in a circus in the State. For purposes of this section, the term "circus" includes carnivals, amusement parks, and any other similar event whereat members of the public are charged a fee to enter the grounds or view the performance.

(2) Violation of this section is a misdemeanor."

SECTION 2. Section 150A-6.2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Animals on the lists of conditionally approved and restricted animals shall be imported only by permit. Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board's review and determination for placement on one of these lists; provided that the department may issue a special permit on a case-by-case basis for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals, for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research in a manner that the animal will not be detrimental to agriculture, the environment, or humans, if the importer of the animal can meet permit requirements as determined by the board[; and provided further that]. Notwithstanding the importation prohibition in this subsection, the department may issue a short-term special permit on a case-by-case basis not to exceed ninety days for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals for the purpose of filming, performance, or exhibition, if the importer of the animal can meet permit and bonding requirements as determined by the board[.]; provided that no person may import an elephant under a short-term special permit or any other type of permit or authorization issued by the department for the purpose of utilizing the elephant in a circus performance. For purposes of this section, the term "circus" includes carnivals, amusement parks, and any other similar event whereat members of the public are charged a fee to enter the grounds or view the performance."

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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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