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Legislative counsel: amendment to Senate Bill 2150 unnecessary; committee reconsiders and advances bill unamended
Summary
Legislative counsel told the Agriculture and Veterans Affairs Committee that an amendment to Senate Bill 2150 changing “may not” to “must not” would improperly create a duty; the committee reconsidered prior actions, removed the amendment and gave the bill a do-pass recommendation unamended.
The Agriculture and Veterans Affairs Committee reconsidered actions on Senate Bill 2150 after Casey Bridal, an attorney with Legislative Counsel, told the panel that an amendment changing “may not” to “must not” was unnecessary and would alter legal effect.
Bridal told the committee that under Legislative Council’s drafting manual the phrase “may not” removes a privilege and is sufficient to prohibit an action, while “must not” would impose an affirmative negative duty that drafting practice avoids. “So the language as existing in…
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