REPORT TITLE:
Exotic Animal Traveling Shows


DESCRIPTION:
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.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           708
TWENTIETH LEGISLATURE, 1999                                
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:

 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
 

 
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                                     S.B. NO.           708
                                                        
                                                        

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

 
 
 
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                                     S.B. NO.           708
                                                        
                                                        

 
 1      "Traveling" means going from one place to another by ship,
 
 2 boat, airplane, car, van, truck, train, or other mode of
 
 3 transportation.
 
 4      (2)  No person shall bring any live exotic animal into the
 
 5 State as part of a traveling show, circus, fair, carnival, animal
 
 6 or educational exhibit, advertising display, or commercial into
 
 7 the State unless the animal physically remains in this State for
 
 8 more than three hundred continuous days in the year of the exotic
 
 9 animal's performance.  This subsection shall apply to events and
 
10 activities taking place on either public or private property
 
11 whether or not a fee is charged to spectators.  This subsection
 
12 shall not apply to a person or movie company that brings a live
 
13 exotic animal into the State for use in the production of a
 
14 feature film or television series; provided that this exemption
 
15 shall not be construed to allow the use of the live exotic animal
 
16 in any show, circus, fair, carnival, animal or educational
 
17 exhibit, advertising display, or commercial during or after the
 
18 completion of the film or series.
 
19      (3)  Any person, on behalf of any live exotic animal in a
 
20 traveling show, circus, fair, carnival, animal or educational
 
21 exhibit, advertising display, commercial, or movie company, may
 
22 bring a civil action to obtain injunctive relief to prevent or
 

 
 
 
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                                     S.B. NO.           708
                                                        
                                                        

 
 1 address any violation of this section, or to compel the
 
 2 enforcement of this section.  The court, in issuing any final
 
 3 order in any action brought pursuant to this section, may award
 
 4 attorney's fees and other costs of litigation to the plaintiffs,
 
 5 and may impose a civil penalty of $5,000 per animal per day
 
 6 against any person who violates this section.  The civil penalty
 
 7 provided in this subsection shall be in addition to the criminal
 
 8 penalties provided in subsection (4).
 
 9      (4)  Any person who violates this section shall be guilty of
 
10 a misdemeanor.  The criminal penalties provided in this
 
11 subsection shall be in addition to the civil penalty provided in
 
12 subsection (3)."
 
13      SECTION 3.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 4.  New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:_________________________