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KS SB222
KS SB222Prohibiting deference to a state agency's interpretation of a statute, rule or regulation or document by a state court or an officer hearing an administrative action.
summary
Introduced
02/05/2025
02/05/2025
In Committee
02/25/2025
02/25/2025
Crossed Over
02/25/2025
02/25/2025
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
AN ACT concerning state agencies; relating to interpretation of statutes, rules and regulations and documents with the force and effect of law; prohibiting deference to the agency's interpretation by a state court or an administrative hearing officer hearing an administrative action.
AI Summary
This bill modifies how state courts and administrative hearing officers interpret laws and regulations by removing the traditional practice of deferring to state agencies' interpretations. Specifically, the bill requires courts and hearing officers to interpret statutes, rules, regulations, and legal documents "de novo" (meaning from the beginning, without giving preferential weight to an agency's existing interpretation). Under this legislation, while courts may consider an agency's interpretation, they must independently determine the meaning of legal language. Additionally, when resolving any ambiguities in interpretation, courts must now prioritize protecting individual constitutional rights, replacing the previous standard of limiting agency powers and maximizing individual liberty. The bill defines "rule and regulation" and "state agency" according to existing Kansas statutes (K.S.A. 77-602), and will go into effect upon publication in the state statute book. This change represents a significant shift in administrative law, potentially reducing state agencies' interpretive authority and providing more judicial discretion in legal proceedings.
Committee Categories
Justice
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Judiciary (Senate)
Last Action
House Hearing: Thursday, March 6, 2025, 3:30 PM Room 582-N (on 03/06/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://kslegislature.gov/li/b2025_26/measures/sb222/ |
| BillText | https://kslegislature.gov/li/b2025_26/measures/documents/sb222_01_0000.pdf |
| Senate Committee on Judiciary Report | https://kslegislature.gov/li/b2025_26/measures/documents/cr_2025_sb222_s_1438.pdf |
| Analysis - Supplemental Note: As Amended by Senate Committee | https://kslegislature.gov/li/b2025_26/measures/documents/supp_note_sb222_01_0000.pdf |
| Fiscal Note - Ficsal Note: As introduced | https://kslegislature.gov/li/b2025_26/measures/documents/fisc_note_sb222_00_0000.pdf |
| BillText | https://kslegislature.gov/li/b2025_26/measures/documents/sb222_00_0000.pdf |
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