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1 | 1 | Session of 2025 | |
2 | 2 | SENATE BILL No. 222 | |
3 | 3 | By Committee on Judiciary | |
4 | 4 | 2-5 | |
5 | 5 | AN ACT concerning state agencies; relating to interpretation of statutes, | |
6 | 6 | rules and regulations and documents with the force and effect of law; | |
7 | 7 | prohibiting deference to the agency's interpretation by a state court or | |
8 | 8 | an officer hearing an administrative action. | |
9 | 9 | Be it enacted by the Legislature of the State of Kansas: | |
10 | 10 | Section 1. (a) In interpreting a state statute, rule and regulation or | |
11 | 11 | document that has the force and effect of law, a state court or an officer | |
12 | 12 | hearing an administrative action may consider but shall not defer to a state | |
13 | 13 | agency's interpretation of such statute, rule and regulation or document and | |
14 | 14 | shall interpret the meaning and effect of such statute, rule and regulation or | |
15 | 15 | document de novo. | |
16 | 16 | (b) In an action brought by or against a state agency, after applying all | |
17 | 17 | customary tools of interpretation and rules of statutory construction | |
18 | 18 | pursuant to law, a state court or an officer hearing an administrative action | |
19 | 19 | shall exercise any remaining doubt in favor of a reasonable interpretation | |
20 | 20 | that limits the state agency's powers and maximizes individual liberty. | |
21 | 21 | (c) As used in this section, "rule and regulation" and "state agency" | |
22 | 22 | mean the same as defined in K.S.A. 77-602, and amendments thereto. | |
23 | 23 | Sec. 2. This act shall take effect and be in force from and after its | |
24 | 24 | publication in the statute book. | |
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