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. The new language specifies that if the AG files such an action that is either dismissed by the court or found to lack merit, and if the AG knew or should have known that the action was unfounded, the AG would be liable for damages to the injured party. This includes reasonable attorney fees, litigation costs, and a civil penalty equal to three times the damages suffered by the defendant, particularly if the defendant is a business.

Additionally, the bill mandates that any damages awarded must be paid from the AG's operating fund. The proposed changes aim to increase accountability for the AG in legal actions that may adversely affect individuals or businesses, thereby enhancing the legal framework surrounding public nuisance and consumer fraud cases.

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