SB 648
Requiring courts to interpret statutes and regulations
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
Senate Bill 648 aims to change how West Virginia courts and administrative bodies interpret laws and regulations. Currently, courts often rely on interpretations provided by state agencies. This bill requires courts to independently interpret these documents, without deferring to agency interpretations. It also directs courts to prioritize interpretations that limit agency power and protect individual liberty when faced with uncertainty.
Key provisions
- State courts and administrative officers must interpret statutes and regulations de novo (from scratch).
- Courts cannot rely on interpretations provided by state agencies.
- When interpreting, courts should prioritize interpretations that limit agency power.
- Courts should prioritize interpretations that maximize individual liberty.
- The bill applies to all state statutes, regulations, and other sub-regulatory documents.
Who is affected
- State courts
- Administrative officers
- State agencies
- Individuals affected by state laws and regulations
Notable changes
- Shifts the standard of interpretation from agency interpretations to independent judicial review.
- Introduces a preference for interpretations that limit agency power and protect individual liberty.
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