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HB2167 • 2026

attorney general; nuisance action; damages

HB2167 - attorney general; nuisance action; damages

Crime
Vetoed

The latest official action shows the governor vetoed this bill. Check the bill history to see whether lawmakers later overrode that veto.

Sponsor
Lupe Diaz
Last action
2026-04-13
Official status
Governor vetoed
Effective date
Not listed

Plain English Breakdown

The official status shows the governor vetoed this bill; whether lawmakers overrode the veto is not confirmed in the provided text.

HB2167: Rules for Attorney General Lawsuits

This bill would make the attorney general pay money if they file certain lawsuits without enough proof and then tell the public about them.

What This Bill Does

  • Adds a new law section called 41-197 to Arizona state statutes.
  • Makes the attorney general liable for damages if a nuisance or consumer fraud lawsuit is dismissed by a court or found to have no merit.
  • Applies only when the attorney general knew, or should have known, there was not enough legal proof but still publicized the filing of the case.
  • Requires payment for reasonable lawyer fees and court costs along with other losses suffered by the defendant.
  • Orders a civil penalty equal to three times the amount of damages awarded if the lawsuit harmed a business.

Who It Names or Affects

  • The Arizona attorney general
  • People or businesses sued in public nuisance actions
  • People or businesses sued in consumer fraud actions

Terms To Know

Nuisance action
A lawsuit filed to stop an activity that harms the public.
Consumer fraud action
A legal case against someone for tricking or deceiving buyers of goods or services.
Civil penalty
Money paid as punishment to the government or a victim, not criminal jail time.

Limits and Unknowns

  • The governor vetoed this bill on April 13, 2026, so it did not become law unless lawmakers overrode that decision.
  • The text does not explain exactly how a court decides if the attorney general 'should have known' there was no legal basis for the case.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: This amendment expands a rule that can make the Attorney General pay money if they file certain lawsuits without enough proof, adding consumer fraud cases to the list of actions already covered.

  • The law now includes 'consumer fraud actions' alongside existing public nuisance actions when deciding if the Attorney General must pay damages.
  • If a consumer fraud lawsuit is dismissed or found to have no merit, and the Attorney General knew it lacked proof or publicly announced filing it, they become liable for costs.
  • Damages awarded can include reasonable lawyer fees, court costs, lost sales, lost profits, and loss of business value if the defendant is a company.
  • The amendment does not define exactly what counts as 'publicized' or how courts will decide if the Attorney General 'should have known' an action lacked merit.
  • This text only explains the changes made by this specific floor amendment and does not describe other parts of HB2167 that were already in the bill.

Bill History

  1. 2026-04-09 V

    Governor vetoed

  2. 2026-04-08 House

    Transmitted to House

  3. 2026-04-08 Senate

    Senate third read passed

  4. 2026-04-08 Senate

    Senate committee of the whole

  5. 2026-03-17 Senate

    Senate minority caucus

  6. 2026-03-17 Senate

    Senate majority caucus

  7. 2026-03-03 Senate

    Senate second read

  8. 2026-03-02 Senate

    Senate Rules: PFC

  9. 2026-03-02 Senate

    Senate Judiciary and Elections: DP

  10. 2026-03-02 Senate

    Senate first read

  11. 2026-02-24 Senate

    Transmitted to Senate

  12. 2026-02-24 House

    House third read passed

  13. 2026-02-23 House

    House committee of the whole

  14. 2026-02-10 House

    House minority caucus

  15. 2026-02-10 House

    House majority caucus

  16. 2026-02-09 House

    House consent calendar

  17. 2026-01-14 House

    House second read

  18. 2026-01-13 House

    House Rules: C&P

  19. 2026-01-13 House

    House Land, Agriculture & Rural Affairs: DP

  20. 2026-01-13 House

    House Judiciary: W/D

  21. 2026-01-13 House

    House first read

Official Summary Text

HB2167 - attorney general; nuisance action; damages

Current Bill Text

Read the full stored bill text
HB2167 - 572R - H Ver

House Engrossed

attorney general;
nuisance action; damages

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2167

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

START_STATUTE
41-197.

Nuisance actions; consumer fraud actions; damages; civil penalty

A. If the attorney general files a
public nuisance action
or a consumer fraud 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
or consumer fraud 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
or consumer
fraud action lacked a sufficient legal or factual basis.

(
b
) publicized
the filing of the nuisance action
or consumer fraud
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
or consumer fraud 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.

END_STATUTE