ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

HB 2169: attorney general; nuisance action; defamation

Sponsor: Representative Diaz, LD 19

Committee on Land, Agriculture & Rural Affairs

Overview

Designates the Attorney General as liable for defamation per se if the Attorney General (AG) brings an action relating to public nuisance to court that is found to have no reasonable basis and that meets certain criteria.

History

Current law allows the county attorney, the AG or the city attorney to bring an action in superior court to abate, enjoin and prevent activities that constitute as public nuisance (A.R.S. § 13-2917).

A statement is defamatory if it tends to bring the plaintiff into disrepute, contempt or ridicule, or to impeach the plaintiff’s honesty, integrity, virtue or reputation. The defamatory nature of the statement is determined by the natural and probable effect a reading of the entire statement, publication, or broadcast in context would have on the mind of the average reader or hearer (RAJI (Civil), 6^th ed.).

Provisions

1. Asserts the AG as liable for defamation per se if the AG:

a. brings an action to abate, enjoin and prevent a public nuisance and the court finds there is no reasonable basis for action;

b. knew or should have known that the action lacked sufficient legal or factual basis; and

c. publicized the filing of the action. (Sec. 1)

2. Establishes that damages and actual malice are presumed. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1)

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7. Initials CW HB 2169

8. 1/29/2026 Page 0 Land, Agriculture & Rural Affairs

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