That's one of the things I've been trying to discuss in my testimony and in my brief. It doesn't alter the section in a material fashion. In my respectful submission, it's a mistake to characterize the change from “may” to “shall” as being this really significant change to the act that's going to have these terrible unforeseen consequences.
In fact, one of the witnesses on April 6 said that they didn't know what was going to happen, but it was going to be bad. It's going to be bad, so we shouldn't do it.
The idea that you shouldn't change legislation because you fear litigation.... Then you'd never change faulty legislation, because you fear litigation. That's not a good reason not to fix something if it's broken, in my respectful submission.