Legislature(1995 - 1996)
03/31/1995 08:11 AM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HRES - 03/31/95 HB 225 - ELEPHANT PERMIT Number 200 REPRESENTATIVE VIC KOHRING, PRIME SPONSOR, stated HB 225 is the Moxie the elephant bill. He said Moxie is an elephant who resides in the Palmer area. A resolution was passed by the legislature last year in support of Moxie and the predicament he is in. He told committee members Moxie's predicament is he has a temporary educational permit which has allowed him to stay in Alaska but it is only temporary. He noted that Moxie has been given subsequent permits over time but now is under his last permit. If a permanent solution is not found, Moxie will have to leave the state this summer. (Representative KOTT joined the committee.) REPRESENTATIVE KOHRING stated Moxie has broad support from all over the state. He noted that Moxie is owned by James Clements from Palmer who has a business, and is trying to establish an Alaska circus. Moxie is an important part of that effort. He said he introduced HB 225 to provide a mechanism for a commercial exhibition permit for elephants as opposed to a temporary educational permit. He pointed out that current law and regulations do not provide for a commercial exhibition permit of elephants in Alaska allowing them to stay in the state on a year- round basis. REPRESENTATIVE KOHRING said HB 225 establishes a safe and reasonable method for permitting elephants to stay in Alaska as long as the elephant meets the statutory requirements contained in HB 225 and other criteria the Alaska Department of Fish and Game (ADF&G) commissioner may establish. He stated he and his staff have worked closely with the ADF&G in developing the language in HB 225. Number 254 REPRESENTATIVE SCOTT OGAN asked if it would be acceptable to add an amendment which would require a health permit for any elephant coming into the state. REPRESENTATIVE KOHRING said he did not have a problem with that suggestion. He felt the issue should be discussed with a representative from the ADF&G. REPRESENTATIVE JOHN DAVIES noted an amendment has been included in committee members folders which deletes the word "African" in HB 225. He asked Representative Kohring if he supports the amendment. REPRESENTATIVE KOHRING replied he has no problem with the amendment. KRISTIE LEAF, LEGISLATIVE ASSISTANT, REPRESENTATIVE VIC KOHRING, stated in regard to Representative Ogan's question, a health permit is currently required for elephants coming into the state. She said when an elephant is coming into the state, the Department of Environmental Conservation (DEC) is in touch with the veterinarian in the state where the elephant is coming from and under the U.S. Department of Agriculture Animal Health and Welfare Act, the elephants require a current health certificate. She noted those certificates are required currently when circus elephants come into the state. She explained HB 225 does not affect that requirement. She pointed out that HB 225 does allow the ADF&G commissioner to assess any additional health requirements. CO-CHAIRMAN GREEN asked if HB 225 would allow elephants to come from another country instead of another state, and if so, would a health permit also be required. MS. LEAF replied if an elephant is going to be imported, the elephant is required to have the import permit from the DEC and the state veterinarian in Palmer has to certify the elephant has its required papers. REPRESENTATIVE OGAN said he asked the question because disease was an issue with the Board of Game. Number 334 REPRESENTATIVE DAVIES asked why there is a limitation to commercial exhibition on page 1, line 9. MS. LEAF responded currently the ADF&G issues an educational permit and there is a system set up for that permit in regulation. Currently, zoo elephants, circus elephants, Moxie, etc., are being permitted under the educational permit, when in fact that is not their intended use. She noted the Board of Game has also directed the ADF&G to develop a temporary commercial permit system in regulation to better suit permits for circus elephants. She added the educational permit system would remain in place and HB 225 would add a commercial permit system. REPRESENTATIVE DAVIES wondered what permit would be issued if a person wanted to have an elephant as a private pet. MS. LEAF stated HB 225 does not affect the clean list whatsoever. She said the language was proposed for exhibiting animals commercially to avoid a large number of elephants coming into the state for any purpose. She stated Representative Kohring would not object to changing HB 225 to allow individuals wanting to have an elephant and who meet the requirements to be able to have one. Number 400 ROBERT HALL, WASILLA, testified via teleconference and expressed support for HB 225. He stated Moxie is an experienced performing elephant who has performed in thousands of performances throughout the U.S. He said it has been very frustrating because Alaska is one of few states in the U.S. that does not have provisions in current statutes to allow Moxie to reside in the state permanently. He noted what is attractive about Moxie is that in Alaska, children do not get the opportunity to touch, feel, smell, and ride an African elephant. He reiterated Moxie is popular throughout the state. MR. HALL said as a business owner, he has employed Moxie to give rides to children and adults. Last year, thousands of free elephant rides were given. He stressed HB 225 is not just helping one individual who owns the elephant. He stated the time the legislature is taking to address the issue will help thousands of people who enjoy elephants. He noted the Board of Game, despite tremendous support from the department, did not put elephants on the clean list because the board did not want to set a precedent that any exotic animal brought into the state would have to be added to the clean list. WAYNE REGELIN, ACTING DIRECTOR, DIVISION OF WILDLIFE CONSERVATION, ADF&G, said the ADF&G supports HB 225 and does not feel the bill poses any risks to wildlife in Alaska. He stated HB 225 will solve a problem for the elephant which already resides in the state. Without HB 225, the ADF&G does not have the type of permit necessary. CO-CHAIRMAN GREEN noted there appears to be safeguards built into HB 225 which take care of the humanity toward the animal. He clarified the department is satisfied there are no health risks involved. MR. REGELIN replied yes. REPRESENTATIVE GREEN asked if there are any risks of disease to other animals if an elephant escapes. MR. REGELIN responded that is one of the issues he discussed with elephant breeders in Florida where most elephants in the U.S. are, and they do not feel there is a problem. He stated Moxie has been in captivity most of his life and has been tested numerous times. He said Moxie is disease free. He pointed out the chances of anyone wanting to bring an elephant to reside in the state permanently are slim. However, there are federal and DEC laws which require that any animal brought into the state be safe. REPRESENTATIVE PETE KOTT made a MOTION to AMEND HB 225 on page 1, line 2: delete the word "African"; page 1, line 5: delete the word "African"; and on page 1, line 7, delete the word "African". REPRESENTATIVE KOTT said this amendment would make the bill all inclusive to include Indian or Asian elephants. CO-CHAIRMAN GREEN stated it was his understanding there are many more domesticated Asian elephants than African elephants. REPRESENTATIVE GREEN asked if there were any objections to the motion. Hearing none, the MOTION PASSED. REPRESENTATIVE OGAN made a MOTION to MOVE CSHB 225(RES) with attached zero fiscal note out of committee with individual recommendations. CO-CHAIRMAN GREEN asked if there were any objections to the motion. Hearing none, the MOTION PASSED. CO-CHAIRMAN GREEN announced the committee would go back to HR 7.
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