This bill proposes to amend current statutes by adding new provisions regarding the liability of the Attorney General in cases involving public nuisance actions. Under the current law, the Attorney General, along with county and city attorneys, can bring actions to abate public nuisances. The bill introduces a new section that holds the Attorney General liable for defamation per se if they initiate a public nuisance action that the court finds lacks a reasonable basis, provided that the Attorney General knew or should have known about the insufficiency of the legal or factual basis for the action and publicized the filing.

Additionally, the bill establishes that in such cases, damages and actual malice are presumed, thereby altering the burden of proof in defamation claims against the Attorney General. The bill also includes technical and conforming changes to ensure consistency within the statute. Overall, these updates aim to enhance accountability for the Attorney General's actions in public nuisance cases.

Statutes affected:
Introduced Version: 13-2917
House Engrossed Version: 13-2917