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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
-
2026-04-09
V
Governor vetoed
-
2026-04-08
House
Transmitted to House
-
2026-04-08
Senate
Senate third read passed
-
2026-04-08
Senate
Senate committee of the whole
-
2026-03-17
Senate
Senate minority caucus
-
2026-03-17
Senate
Senate majority caucus
-
2026-03-03
Senate
Senate second read
-
2026-03-02
Senate
Senate Rules: PFC
-
2026-03-02
Senate
Senate Judiciary and Elections: DP
-
2026-03-02
Senate
Senate first read
-
2026-02-24
Senate
Transmitted to Senate
-
2026-02-24
House
House third read passed
-
2026-02-23
House
House committee of the whole
-
2026-02-10
House
House minority caucus
-
2026-02-10
House
House majority caucus
-
2026-02-09
House
House consent calendar
-
2026-01-14
House
House second read
-
2026-01-13
House
House Rules: C&P
-
2026-01-13
House
House Land, Agriculture & Rural Affairs: DP
-
2026-01-13
House
House Judiciary: W/D
-
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