This bill proposes to amend current statutes by establishing the Attorney General's liability for damages in public nuisance actions. Under the new provisions, if the Attorney General files a public nuisance action that is either dismissed by the court or found to lack merit, they would be liable for damages to any injured party. Additionally, the Attorney General would be liable if they knew or should have known that the action lacked sufficient legal or factual basis, or if they publicized the filing of the nuisance action.

Furthermore, the bill mandates that damages awarded include reasonable attorney fees and litigation costs, and it imposes a civil penalty on the Attorney General that is three times the amount of damages suffered by the defendant. If the defendant is a business, damages may also encompass lost sales, profits, and business value. The Attorney General would be required to pay any awarded damages and penalties from their general operating fund.

Statutes affected:
Introduced Version: 41-197