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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
attorney general; nuisance action; damages
Purpose
Subjects the Attorney General (AG) to liability for damages to an injured defendant in a public nuisance action or a consumer fraud action that meets outlined criteria.
Background
Statute deems that it is a public nuisance for anything to: 1) 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; or 2) to unlawfully obstruct the free passage or use of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway. It is also a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item considered obscene within 2,000 feet of: 1) any building used as a private or public elementary school or high school; 2) any public park; or 3) any residence district. A county attorney, the AG or a city attorney may bring an action in superior court to abate, enjoin and prevent activity that is considered a public nuisance. A 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).
Statute likewise prohibits persons from engaging in consumer fraud, which means the use of deception, deceptive or unfair acts or practices, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact in connection with the sale or advertisement of any merchandise. The AG has broad investigative authority to enforce prohibitions against consumer fraud (A.R.S. §§ 44-1521 et seq.).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Subjects the AG to liability for damages to an injured party if the AG files a public nuisance action or a consumer fraud action and both of the following apply:
a) the action was either dismissed by the court or found to not have merit; and
b) the AG knew or should have known that the action lacked sufficient legal or factual basis, or the AG publicized the filing of the action.
2. Stipulates that damages awarded to injured parties in applicable actions include reasonable attorney fees and litigation costs, as well as a civil penalty equal to three times the amount of any damages suffered by the defendant as a result of the action.
3. Specifies that, if the defendant is a business, the damages may include lost sales and business, lost profits and loss in value of the business.
4. Requires the AG to pay any damages awarded from monies in the AG's operating fund.
5. Becomes effective on the general effective date.
House Action
JUD 1/13/26 W/D
LARA 2/2/26 DP 5-3-0-0
3rd Read 2/24/26 32-23-5
Prepared by Senate Research
March 6, 2026
ZD/ci