SB396 H JUD AM 3-7 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-29. Conservation of species and request for public records.
(a) The director may exempt from disclosure under the Freedom
of Information Act, article one, chapter twenty-nine-b of this
code, any record concerning the site-specific location of an animal
species protected under the Endangered Species Act of 1973, 7
U.S.C. §136, a plant protected under the Plant Variety Protection
Act, 7 U.S.C. §2321:2583 and any plant or animal species native to
West Virginia determined by the director to be sensitive and in
need of conservation to maintain viability or existence.
(b) The director may not deny the release of records under
subsection (a) of this section if requested:
(1) By the owner of the land upon which the resource is
located;
(2) by an entity which can take the land through the right of
eminent domain, or
(3) For
scientific purposes which include but are not limited
to conservation and education, by a person or entity
that
demonstrates to the director's satisfaction that the request for
information is necessary, will not cause harm to the plant or animal species, and that the person or entity will use the
information only for the limited purpose which is the basis for the
request of information. The director retains the right to provide
any such data in a form which in his or her opinion, is of
sufficient resolution to satisfy that request and is not obligated
to provide exact coordinate data.
(c) Persons or entities receiving records under this
subsection may not release the information to the public or release
the information to another entity for commercial purposes.