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Committee approves amendment removing broad "individual liberty" language in deference bill
Summary
The Senate Judiciary Committee voted to move Senate Bill 222 favorably as amended; the bill would require courts and administrative hearing officers to interpret statutes and rules without deferring to state-agency interpretations.
The Senate Judiciary Committee approved an amendment and moved Senate Bill 222 favorably; the bill directs courts and administrative hearing officers not to give deference to a state agency's interpretation of statutes, rules or regulations and to review such questions de novo.
The reviser explained that the amendment clarifies the bill applies to administrative hearing officers and replaces language about "exercising remaining doubt in favor of a reasonable interpretation that limits the state agency's powers and maximizes individual liberty" with a formulation instructing decisionmakers to exercise remaining doubt consistent with an individual's fundamental constitutional rights. The chair said the amendment narrows the bill's reach and avoids unintended application to areas such as internal prison regulations.
Committee members voted to move the bill as amended out of committee; the transcript reflects the committee adopted the amendment and then voted to report SB 222 favorably.
