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Senate Engrossed
civil liability; fraudulent scientific research |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1066 |
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AN ACT
AMENDING TITLE 12, CHAPTER 6, ARIZONA REVISED STATUTES, BY ADDING ARTICLE
20; RELATING TO CIVIL LIABILITY.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, Arizona Revised Statutes, is amended by adding article 20, to read:
ARTICLE 20. FRAUDULENT SCIENTIFIC RESEARCH
12-791. Fraudulent scientific research; civil liability; statute of limitations; exception; definitions
A. The attorney general or county attorney may bring a civil action against a researcher for knowingly or recklessly publishing fraudulent scientific research. the action shall be proven by clear and convincing evidence.
b. a researcher is not liable in an action commenced pursuant to this section for any of the following:
1. Preregistering a scientific hypothesis, method or analysis before research is conducted.
2. Discovering results that were reported to an institution or the public were misinterpreted or that an error was made in data analysis.
3. providing reasonable access to the study After the conclusion or publication of the research.
4. Posting the methodology and data on an open access database or site.
c. In an action brought under this section, the court may order:
1. Temporary or permanent injunctive relief.
2. Restitution to the injured party, including research institutions, universities, funding agencies, coresearchers and persons who suffered reputational harm, financial harm or other damages.
3. A civil penalty of not more than $50,000.
4. any Other relief that the court determines to be appropriate.
D. An action for fraudulent scientific research shall be commenced within four years after the research is published.
E. if the attorney general brings an action under this section, the attorney general shall deposit, pursuant to sections 35-146 and 35-147, Civil penalties collected in the state general fund. if the county attorney brings an action under this section, the county attorney shall deposit Civil penalties collected in the county general fund.
f. notwithstanding subsection C of this section, a party that suffers damages due to a researcher who knowingly or recklessly publishes fraudulent scientific research may:
1. sue in the superior court.
2. recover actual damages sustained, including the cost of the suit and reasonable attorney fees.
G. This section does not apply to:
1. A researcher who publishes scientific research that was conducted at or funded by a university accredited by an accrediting agency recognized by the United States Department of Education, or its successor agency, and any such university is not liable under this section for any fraudulent scientific research.
2. Research conducted by or funded by a drug manufacturer that is registered with the Arizona state Board of Pharmacy, and any such drug manufacturer is not liable under this section for any fraudulent scientific research.
H. For the purposes of this section:
1. "Fraudulent scientific research" means research that is knowingly or recklessly published using false scientific information or conclusions.
2. "KnowingLY" includes acting in deliberate ignorance of the veracity of the information and does not require proof of a person's specific intent to defraud.
3. "Publication" means the formal process of making research available to the public.
4. "Recklessly" includes acting in disregard of the veracity of the information.
5. "Researcher" means a person who conducts scientific research.