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attorney general; nuisance action; damages, the official text

Shown verbatim: the complete text as captured from the official page posted by the Arizona Legislature, fetched 2026-08-28. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the introduced version. The official bill page.
CORRECTED   Jan 09 2026

PREFILED    Jan 08 2026

REFERENCE TITLE: attorney general; nuisance action; damages

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2167

Introduced by

Representative
Diaz

AN
ACT

amending title 41, chapter 1, article 5,
Arizona Revised Statutes, by adding section 41-197; relating to the
attorney general.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 41,
chapter 1, article 5, Arizona Revised Statutes, is amended by adding section
41-197, to read:

START_STATUTE41-197. Nuisance actions; damages; civil penalty

A. If the attorney general files a
public nuisance action, the attorney general is liable for damages to any
person who is injured by the action if both of the following apply:

1. The nuisance action is either:

(a) Dismissed
by the court.

(b) Found to
not have merit.

2. The attorney general either:

(a) Knew or
should have known that the nuisance action lacked a sufficient legal or factual
basis.

(b) publicized
the filing of the nuisance action.

B. Damages that are awarded under
this section shall include reasonable attorney fees and the costs of the
litigation.  The attorney general shall pay a civil penalty that is three times
the amount of any damages that the defendant has suffered as a result of the
nuisance action.  If the defendant is a business, the damages may include lost
sales and business, lost profits and loss in value of the business.

C. The attorney general shall pay any
damages and civil penalty awarded under this section from monies in the
attorney general's general operating fund.
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