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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5885 Introduced 11/12/2024, by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
| | | 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. |
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| | A BILL FOR |
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| | HB5885 | | LRB103 42673 BDA 75906 b |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Statute on Statutes is amended by adding |
| 5 | | Section 10 as follows:
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| 6 | | (5 ILCS 70/10 new) |
| 7 | | Sec. 10. No agency deference. When interpreting the |
| 8 | | provisions of any State law or rule, a court shall not defer to |
| 9 | | an agency's interpretation of the law or rule and shall |
| 10 | | interpret its meaning and effect de novo. In an action brought |
| 11 | | by or against an agency, after applying all customary tools of |
| 12 | | interpretation, a court shall exercise any remaining doubt in |
| 13 | | favor of a reasonable interpretation that limits agency power |
| 14 | | and maximizes individual liberty. |