Illinois 2023-2024 Regular Session

Illinois House Bill HB5885

Introduced
10/3/24  

Caption

COURTS-AGENCY DEFERENCE

Impact

The implications of HB5885 are significant for state law, as it establishes a clearer judiciary stance when adjudicating cases involving agencies. The proposed change would empower courts to adopt a more critical stance on agency interpretations, potentially leading to greater scrutiny and, consequently, a limitation on the powers exercised by administrative bodies. Advocates believe this will enhance individual rights against possible agency overreach, ensuring that the courts act as a check on executive power.

Summary

House Bill 5885 seeks to amend the Statute on Statutes in Illinois by explicitly stating that courts shall not defer to an agency's interpretation of state laws or rules. Instead, courts are required to interpret the meaning and effect of these laws independently, adopting a de novo standard. This shift aims to reinforce judicial authority and ensure that agencies cannot impose interpretations that may overreach their powers. The bill aims to enhance the protection of individual liberties in interactions with government agencies by limiting the scope of agency discretion.

Contention

Debate surrounding HB5885 may center on the balance of power between state agencies and the judicial system. Proponents of the bill argue that reducing agency deference to judicial interpretation is essential for protecting citizens' rights. Critics might contend that this could lead to inconsistent applications of laws and hinder the efficient functioning of government agencies that rely on established interpretations. Additionally, some may argue that this bill could slow down regulatory processes, resulting in delays that affect public welfare and the enforcement of laws.

Companion Bills

No companion bills found.

Previously Filed As

IL HB1048

COURTS-AGENCY DEFERENCE

IL SB122

Restrict the deference given by courts to a state agency's interpretation of a state statute, administrative rule, or policy.

IL HB52

Generally revising administrative procedure laws relating to agency deference

IL LD1408

An Act to Codify Judicial Deference to Agency Interpretations

IL SB134

Restrict deference to a state agency's interpretation of a state statute, administrative rule, or policy.

IL SB944

Relating to judicial deference regarding an interpretation of law by a state agency.

IL HB1035

GRANT ACC-PUB SAFETY AGENCIES

IL SB2285

Judicial deference.

IL HB10

Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

IL SB14

Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

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CA AB1916

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TN HB1040

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