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by schoen
4240 days ago
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I think you might be reading the "provided" differently than the drafter intended. I think you're parsing "provided" as meaning "so long as" or "only when". I think the drafter intended for it to mean "additionally". I realize that "provided that" in common speech more often means "so long as" or "only when", but "provided, that" or "provided: that" in statutory text could be read as simply introducing an additional and slightly indepedendent statutory provision. I think the comma is significant here for encouraging this reading. |
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