ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD W/D | LARA DP 5-3-0-0

HB 2167: attorney general; nuisance action; damages

Sponsor: Representative Diaz, LD 19

Caucus & COW

Overview

States the Attorney General as liable for damages to any person injured in a public nuisance action filed by the Attorney General (AG). Outlines requirements of damages awarded pursuant to this act.

History

Current law allows the county attorney, the Attorney General or the city attorney to bring an action in superior court to abate, enjoin and prevent public nuisance.

It is a public nuisance for anything:

1) to be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons; and

2) to unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item which is obscene, within two thousand feet, measured in a straight line, of the nearest boundary line of any:

1) building used as a private or public elementary or high school;

2) public park; or

3) residence district.

Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor (A.R.S. § 13-2917).

Provisions

1. Designates the AG as liable for damages to any person who is injured, if the AG files a public nuisance action, if:

a. the nuisance action is:

i. dismissed by the court; or

ii. found to not have merit; and

b. the AG either:

i. knew or should have known that the nuisance action lacked sufficient legal or factual basis; or

ii. publicized the filing of the nuisance action. (Sec. 1)

2. Mandates damages awarded pursuant to this act include reasonable attorney fees and the costs of litigation. (Sec. 1)

3. Allows damages to include lost sales and business, lost profits and loss in business value. (Sec. 1)

4. Requires the AG pay a civil penalty that is three times the amount of any damages suffered by the defendant. (Sec. 1)

5. Directs the AG pay any damages and civil penalty awarded pursuant to this act from monies in the AG's general operating fund. (Sec. 1)

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9. Initials CW HB 2167

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