CORRECTED Jan 09 2026
PREFILED Jan 08 2026
|
REFERENCE TITLE: attorney general; nuisance action; damages |
|
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
|
|
HB 2167 |
|
|
|
Introduced by Representative Diaz
|
AN ACT
amending title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-197; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
41-197. Nuisance actions; damages; civil penalty
A. If the attorney general files a public nuisance action, the attorney general is liable for damages to any person who is injured by the action if both of the following apply:
1. The nuisance action is either:
(a) Dismissed by the court.
(b) Found to not have merit.
2. The attorney general either:
(a) Knew or should have known that the nuisance action lacked a sufficient legal or factual basis.
(b) publicized the filing of the nuisance action.
B. Damages that are awarded under this section shall include reasonable attorney fees and the costs of the litigation. The attorney general shall pay a civil penalty that is three times the amount of any damages that the defendant has suffered as a result of the nuisance action. If the defendant is a business, the damages may include lost sales and business, lost profits and loss in value of the business.
C. The attorney general shall pay any damages and civil penalty awarded under this section from monies in the attorney general's general operating fund.