HB 1791

In an action brought against this state, a department or agency of this state, or an official of this state in their official capacity that challenges the constitutionality of a state statute, present law authorizes the state to appeal as of right from an interlocutory order of a circuit or chancery court of this state that ( i ) g rants, continues, or modifies an injunction or ( ii ) d enies a motion to dissolve or modify an injunction. This bill rewrites the above provisions to, instead, authorize the state to appeal as of right an interlocutory order of a circuit or chancery court of this state that performs any of the following:  Grants, continues, or modifies an injunction against the state or any state official .  Denies a motion to dissolve or modify an injunction against the state or any state official .  Denies sovereign immunity to the state or any state official .  Denies qualified immunity for any state official .  Denies a motion to dismiss filed by the state in an action involving the constitutionality of state law .  Denies a motion to dismiss filed by the state in an action involving the constitutionality or lawfulness of a n executive order , administrative rule , or any other governmental action.