Revision: March 11, 2026, 11:14 a.m.
HB 1211 - AS AMENDED BY THE HOUSE
11Mar2026... 0906h
2026 SESSION
26-2859
09/06
HOUSE BILL 1211
AN ACT relative to the scope of review of state agency interpretations.
SPONSORS: Rep. Kofalt, Hills. 32; Rep. Granger, Straf. 2; Rep. Slottje, Hills. 13; Rep. Ankarberg, Straf. 7; Rep. Layon, Rock. 13; Rep. Alexander Jr., Hills. 29; Rep. Sabourin, Rock. 30; Sen. Innis, Dist 7; Sen. Murphy, Dist 16; Sen. Sullivan, Dist 18
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill states that in actions brought by or against state agencies, after applying all customary tools of interpretation, the court or hearing officer shall resolve any remaining doubt as to legal meaning in favor of a reasonable interpretation that limits agency power and maximizes liberty for the individuals impacted by restrictions, fees, fines, or civil or criminal action as a result of the state statute, regulation, or other subregulatory agency document.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2026... 0906h 26-2859
09/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to the scope of review of state agency interpretations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Standards for Review. Amend RSA 541-A by inserting after section 24 the following new section:
541-A:24-a Standards for Review.
I. In interpreting a state statute, regulation, or other subregulatory agency document, a state court or an officer hearing an administration action shall not defer to a state agency's interpretation of the statute, regulation, or subregulatory document and shall instead interpret its meaning and effect de novo.
II. In actions brought by or against state agencies, after applying all customary tools of interpretation, the court or hearing officer shall resolve any remaining doubt as to legal meaning in favor of a reasonable interpretation that limits agency power and maximizes liberty for the individuals impacted by restrictions, fees, fines, or civil or criminal action as a result of the state statute, regulation, or other subregulatory agency document.
2 New Section; Statutory Construction. Amend RSA 21 by inserting after section 55 the following new section:
21:56 Presumption of Liberty in Administrative Law. Consistent with RSA 541-A:24-a, in actions brought by or against state agencies, after applying all customary tools of interpretation, a court or hearing officer shall resolve any remaining doubt as to legal meaning in favor of a reasonable interpretation that limits agency power and maximizes liberty for the individuals impacted by restrictions, fees, fines, or civil or criminal action as a result of the state statute, regulation or other subregulatory agency document.
3 Effective Date. This act shall take effect January 1, 2027.