THE SENATE

S.B. NO.

141

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to animals.

 

 

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

 


     SECTION 1.  The legislature finds that in August 1994, an African elephant named Tyke, who was brought to Honolulu as part of a traveling circus, escaped from the Neal Blaisdell Center after crushing her trainer to death and injuring fifteen other people.  Tyke was eventually killed by police officers after going on a rampage on the streets of Honolulu, charging after pedestrians and smashing cars throughout several city blocks.  Tyke suffered a slow and painful death after being hit by dozens of bullets fired by police officers, because no one was prepared or trained to effectively and mercifully kill a rampaging African elephant.  More recently, the 50th State Fair featured a traveling show from the mainland in the summer of 2014 that included grizzly bears and sea lions.

     As vividly illustrated by the tragedy of Tyke, the extreme stress and inhumane treatment that may be experienced by wild and exotic animals used for a commercial display or performance can cause them to behave unpredictably and even violently, leading to increased risks to public safety.  Such animals may be subjected to constant travel, limited facilities, and long periods of restricted movement.

     The purpose of this Act is to enhance the safety of animals and the public by prohibiting the commercial display or performance of a live wild or exotic animal unless the animal will physically reside in Hawaii for more than three hundred days in the twelve-month period after entering the State.

     SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§711-     Unlawful display or performance of a wild or exotic animal.  (1)  A person commits the offense of unlawful display or performance of a wild or exotic animal if the person causes or permits the display or performance of any live wild or exotic animal for any commercial purpose on any public or private property, unless the animal will physically reside within the State for more than three hundred days during the twelve-month period immediately following the animal's entry into the State.

     (2)  This section shall not apply to any person accredited by the Association of Zoos and Aquariums or by a similarly recognized, national or international, zoological or aquaria accrediting body.

     (3)  For the purposes of this section:

     "Commercial" means any for-profit business enterprise.

     "Display" means the use or exhibition of a wild or exotic animal.

     "Domestic animal" means a pet animal or any livestock, including poultry, cattle, swine, sheep, goats, or horses. 

     "Exotic animal":

     (a)  Means any non-domestic animal that is native to a foreign country or of foreign origin or character, is not native to the United States, its territories, or possessions or was introduced from abroad; and

     (b)  Includes lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, water buffalo, and species of foreign domestic cattle, such as Ankole, Gayal, and Yak.

     "Performance" means any act, circus, ride, trade show, carnival, parade, race, or similar undertaking in which wild or exotic animals are required to perform tricks, fight, or otherwise participate in activities for the entertainment, amusement, or benefit of an audience.

     "Wild animal":

     (a)  Means any animal that is now or historically has been found in the wild, or in a wild state, within the boundaries of the United States, its territories, or possessions; and

     (b)  Includes a deer, skunk, opossum, raccoon, mink, armadillo, coyote, squirrel, fox, wolf, bear, and alligator.

     (4)  Unlawful display or performance of a wild or exotic animal is a misdemeanor."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

 

INTRODUCED BY:

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Report Title:

Penal Code; Display or Performance of Wild or Exotic Animals

 

Description:

Establishes a misdemeanor for the commercial display or performance of a live wild or exotic animal unless the animal will physically reside in Hawaii for more than three hundred days in the twelve-month period after entering the State.  Exempts certain accredited entities.

 

 

 

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