This bill proposes to amend current statutes regarding public nuisance actions by designating the Attorney General as liable for defamation per se under specific conditions. Currently, the law allows the Attorney General, along with county and city attorneys, to bring actions to abate public nuisances without any explicit liability for defamation. The new language would insert provisions that hold the Attorney General accountable if they initiate a public nuisance action that the court finds lacks a reasonable basis, and if it is determined that the Attorney General knew or should have known about the insufficiency of the legal or factual basis for the action.

Additionally, the bill establishes that if the Attorney General publicizes the filing of such an action, damages and actual malice are presumed. The bill also includes technical and conforming changes to ensure clarity and consistency within the statute. Overall, these updates aim to enhance accountability for the Attorney General in public nuisance cases, particularly when actions are deemed baseless.

Statutes affected:
Introduced Version: 13-2917