Commission strikes lone 'also' but stops short of changing 'shall' to 'may' in Act 798 self-exclusion language

The Arkansas Code Revision Commission voted to strike the word "also" from one line of Act 798 to reduce ambiguity in a provision that governs a statewide self‑exclusion list, but commissioners stopped short of altering a "shall" to a "may," citing concerns that such a change might be substantive.

Staff flagged confusing phrasing in Act 798: the provision begins "at the discretion," then uses "may also" and later uses "shall" in a way that some members described as inconsistent. Representative John McClendon (sponsor) told the commission his intent was not to mandate joining a multistate self‑exclusion list; he said the drafting likely became inconsistent during late-session amendments.

Commissioners debated whether changing "shall" to "may" would be a substantive shift that would exceed their authority under Arkansas Code §1-2-303. Ms. Mullins (code adviser) and staff said the commission has authority to correct word usage that does not change substance, but they were cautious about substituting permissive language for mandatory language. Representative Jimmy Gazzaway moved to strike the word "also"; he later amended the motion to remove only "also." Representative Gazzaway's amended motion was seconded and carried.

Commissioners directed staff not to change the mandatory "shall" to "may" at this time. The correction will appear in the supplement and online codification. Several members said the sponsor could pursue a substantive clarification in a future legislative session if desired.