relative to the scope of review of state agency interpretations.
What changed between versions
The 'presumption of liberty' in Section II was narrowed from a general statement about maximizing 'individual liberty' to specifically maximizing '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.' This makes the standard more concrete and tied to tangible government actions rather than an abstract concept.
A new Section 2 was inserted creating RSA 21:56, titled 'Presumption of Liberty in Administrative Law,' which amends the general statutory construction chapter (RSA 21) to apply the same presumption independently of the administrative procedure chapter. This means the rule is not limited to cases governed by RSA 541-A but applies as a general principle of statutory interpretation across state law.
Section I was reworded from 'may not defer...and must instead interpret' to 'shall not defer...and shall instead interpret,' and the object of interpretation was made more explicit ('the statute, regulation, or subregulatory document' rather than just 'it'). The phrase 'administrative action' was changed to 'administration action' (likely a drafting error).
The effective date section was renumbered from Section 2 to Section 3 due to the insertion of the new section, but the effective date itself remains unchanged at January 1, 2027.
