Report Title:

Protection of caves; Appeals.

Description:

Establishes an appeals process for any person who disagrees with the Department of Land and Natural Resources' decision not to keep government documents concerning knowledge of a cave location or resources confidential.

HOUSE OF REPRESENTATIVES

H.B. NO.

2858

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to protection of caves.

 

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

SECTION 1. Section 6D-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§6D-10[]] Confidentiality[.]; appeals. (a) Where the department determines in consultation with the owner that dissemination of knowledge of cave location or resources could be detrimental to their protection, then the government information on the cave location and sensitive resources shall be kept confidential.

(b) Notwithstanding subsection (a), where [an owner] the department still believes that dissemination of knowledge [[]of[]] cave location or resources could be detrimental to their protection, then the department shall keep all government information on the cave location and sensitive cave resources confidential.

(c) Any final order of the department made pursuant to this section may be appealed to the circuit court of the circuit in which the cave in question is found."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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