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DELEGATE WILLONER: I think that
is implicit in the language, but if it would
help clear up some problems I would not
have any objection to it.
May I say that the records now are open
to the public. There is a common law right
to records. The courts have defined what
your access to the records is. It has been
limited by the legislature. I thought the
"exception as otherwise prescribed by law"
would cover the entire article. I thought I
made that clear, but if you feel that this
would be an improvement, I would accept
the amendment.
THE PRESIDENT: What is your deci-
sion?
DELEGATE WILLONER: I would accept
the amendment.
THE PRESIDENT: Do the co-sponsors
object to the acceptance of the amendment
suggested?
DELEGATE DUKES: May I ask a
question of Delegate Johnson?
THE PRESIDENT: No, he does not have
the floor right now.
Do any of the co-sponsors object to the
acceptance of the amendment by Delegate
Willoner?
DELEGATE DUKES: I am a co-sponsor.
I do not know what it means.
THE PRESIDENT: All right. You can
address your question to the Chair. The
suggestion is that after the word "records"
in line 7 there be inserted the words "as
defined by law".
DELEGATE DUKES: What would that
be if there is no legislation passed defining
records ?
THE PRESIDENT: Delegate Willoner,
can you answer the question ?
DELEGATE WILLONER: Good ques-
tion. In light of my interpretation of the
language I would assume that it would be
left again to the courts to decide by law
what governmental proceedings, meetings,
and records would be included. If the Gen-
eral Assembly or a local unit of government
did not act, then it would be left to the
courts.
THE PRESIDENT: Delegate Dukes.
DELEGATE DUKES: Does that mean
if the General Assembly does not act with
respect to that particular language, are
you defining records that the amendment
then would read and would have the same
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effect as if the wording were not there un-
til the General Assembly did act?
DELEGATE WILLONER: Yes.
DELEGATE DUKES: I have no ob-
jection.
THE PRESIDENT: Any objection from
any of the other sponsors ?
If not, is there any objection from any
delegate to the modification of the amend-
ment in the manner suggested?
The Chair hears none. The amendment
will be considered as modified. After the
word "records" in line 7 add the words
"as defined by law."
Delegate Willoner, the Chair puts this
question to you to avoid a problem later
on. As these words have been used here-
tofore, the Committee on Style has I think
uniformly considered the expression "by
law" to mean by statute. Your response a
moment ago indicated that you did not
give it that meaning-. I think this ought to
be clear.
DELEGATE WILLONER: I assumed
that "prescribed by law" is different from
"defined by law", and if it is not, the in-
tent is that "defined by law" should mean
defined by either the General Assembly or
the unit of local government or the courts
except that it is clear that the legislature
or the unit of local government would have
the last say.
THE PRESIDENT: Any other discus-
sion? Are you ready for the question?
Delegate Marion.
DELEGATE MARION: Mr. Chairman,
as I did when this amendment was before
us in the Committee of the Whole, I rise
rather reluctantly to speak against it, not
because I do not favor the basic concept
which is attempted to be embodied in this
amendment, because I do.
I would first of all suggest that if Dele-
gate Willoner feels he has limited the
amendment in any way by not including the
word "all", he is mistaken because whether
you say governmental proceedings or all
governmental proceedings, you are talking;
about all governmental proceedings. The
exception in line 9 and 10, to me, turns the
amendment around the wrong way. This
was my objection to it when it came up
before and it seems to me that since it is
clearly indicated by sponsors and opponents
of the amendment as well that there are
perhaps untold exceptions to this amend-
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