summary
Introduced
01/09/2025
01/09/2025
In Committee
01/09/2025
01/09/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Statute on Statutes. Provides that, when interpreting the provisions of any State law or rule, a court shall not defer to an agency's interpretation of the law or rule and shall interpret its meaning and effect de novo. Provides that, in an action brought by or against an agency, after applying all customary tools of interpretation, a court shall exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty.
AI Summary
This bill amends the Statute on Statutes to change how courts interpret laws and rules related to government agencies. Specifically, the bill requires courts to interpret the meaning of laws and rules independently (known as "de novo" interpretation), without deferring to how government agencies understand those laws. In legal actions involving agencies, courts would be required to resolve any remaining ambiguities in a way that limits agency power and protects individual rights. This approach represents a significant shift from the traditional legal principle of "agency deference," where courts typically give substantial weight to an agency's interpretation of the laws it administers. The bill aims to reduce agency discretion and provide courts with more direct authority in interpreting legal statutes, potentially giving individuals more protection against broad agency interpretations that might restrict personal freedoms.
Sponsors (1)
Last Action
Referred to Rules Committee (on 01/09/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1048&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB1048.htm |
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