HB1072112th GA (Historical)Introduced

Amends TCA Title 1; Title 5; Title 6; Title 7; Title 8; Title 9; Title 20; Title 27; Title 28; Title 29; Title 47 and Title 49.

ON APRIL 26, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1072, AS AMENDED. AMENDMENT #1 rewrites this bill to create a right of appeal 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, whereby the state may appeal as of right from an interlocutory order of a circuit or chancery court of this state that: (1) Grants, continues, or modifies an injunction; or (2) Denies a motion to dissolve or modify an injunction. An interlocutory appeal by the state under this amendment would stay any injunction issued by the court pending the final outcome of the appeal. ON APRIL 26, 2021, THE SENATE SUBSTITUTED HOUSE BILL 1072 FOR SENATE BILL 915, AND RESET HOUSE BILL 1072. ON MAY 5, 2021, THE SENATE FURTHER CONSIDERED HOUSE BILL 1072, ADOPTED AMENDMENT #6, AND PASSED HOUSE BILL 1072, AS AMENDED. AMENDMENT #6 incorporates the provisions of House Amendment #1 with the following changes: (1) Removes the automatic stay; and (2) Deletes the severability clause.

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Overview

ON APRIL 26, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1072, AS AMENDED. AMENDMENT #1 rewrites this bill to create a right of appeal 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, whereby the state may appeal as of right from an interlocutory order of a circuit or chancery court of this state that: (1) Grants, continues, or modifies an injunction; or (2) Denies a motion to dissolve or modify an injunction. An interlocutory appeal by the state under this amendment would stay any injunction issued by the court pending the final outcome of the appeal. ON APRIL 26, 2021, THE SENATE SUBSTITUTED HOUSE BILL 1072 FOR SENATE BILL 915, AND RESET HOUSE BILL 1072. ON MAY 5, 2021, THE SENATE FURTHER CONSIDERED HOUSE BILL 1072, ADOPTED AMENDMENT #6, AND PASSED HOUSE BILL 1072, AS AMENDED. AMENDMENT #6 incorporates the provisions of House Amendment #1 with the following changes: (1) Removes the automatic stay; and (2) Deletes the severability clause.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
0160483545100800

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