This bill proposes to amend current statutes by introducing new provisions that hold the Attorney General (AG) liable for damages in public nuisance or consumer fraud actions under specific conditions. Currently, the AG can initiate such actions without facing personal liability. The new language specifies that if the AG files a public nuisance or consumer fraud action that is either dismissed or found to lack merit, and if the AG knew or should have known that the action was unfounded, they would be liable for damages to the injured party.

Additionally, the bill stipulates that damages awarded would include reasonable attorney fees and litigation costs, along with a civil penalty equal to three times the damages suffered by the defendant. If the defendant is a business, damages could also encompass lost sales, profits, and business value. The AG would be required to pay these damages from their operating fund, thereby introducing a financial accountability mechanism for the AG's actions in these legal contexts.

Statutes affected:
Introduced Version: 41-197
House Engrossed Version: 41-197