Bill > HB2169

This bill amends existing Arizona law concerning public nuisances, specifically focusing on actions brought by the Attorney General. It clarifies that disseminating an "obscene" item, as defined by state law, within 2,000 feet of a school, public park, or residential area constitutes a public nuisance. Crucially, the bill introduces a new provision stating that if the Attorney General initiates a lawsuit to stop a public nuisance and the court determines there was no reasonable basis for the action, the Attorney General can be held liable for defamation per se. This liability arises if the Attorney General knew or should have known the lawsuit lacked sufficient legal or factual grounds, and damages and actual malice are presumed if the Attorney General publicized the filing of the lawsuit. This change aims to provide a check on the Attorney General's power to bring nuisance actions, particularly when those actions might involve potentially defamatory statements.

Agriculture and Natural Resources, Justice

https://apps.azleg.gov/BillStatus/BillOverview/83831