This bill proposes to amend the Arizona Revised Statutes by adding a new section, 41-197, which establishes liability for the attorney general in public nuisance actions. Under the new law, if the attorney general files a public nuisance action that is either dismissed by the court or found to lack merit, and if the attorney general knew or should have known that the action was unfounded, they would be liable for damages to any injured party. This includes situations where the attorney general publicized the filing of the action.

Additionally, the bill stipulates that damages awarded would cover reasonable attorney fees and litigation costs, and the attorney general would incur a civil penalty amounting to three times the damages suffered by the defendant. If the defendant is a business, damages could encompass lost sales, profits, and business value. The attorney general would be required to pay these damages and penalties from their general operating fund.

Statutes affected:
Introduced Version: 41-197