Assigned to JUDE FOR COMMITTEE
*pending committee assignment
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1722
civil liability; fraudulent scientific research
Purpose
Allows a person to bring a civil action against a researcher, research institution or funding
agency for fraudulent scientific research and outlines certain liability exceptions.
Background
The False Claims Act states that a person is liable for a civil penalty and three times
government damages if the person: 1) knowingly presents a false claim for payment; 2) knowingly
makes a false record or statement material to a false or fraudulent claim; or 3) has control of
property or money used, or to be used, by the government and knowingly delivers less than all of
that money or property. A person may bring about a civil action for violation of the federal False
Claims Act for the person and for the U.S. government (31 U.S.C. §§ 3729 and 3730).
Civil lawsuits must be filed in the jurisdiction in which the damage occurred or in which
the defendant does business. A civil action claim for damages over $10,000 must be filed in the
superior court, and a claim for damages less than $10,000 must be filed in a municipal or justice
court (Ariz. Const. art. 6 § 32).
A person who, with a scheme or artifice to defraud, knowingly deprives a person of honest
services or who knowingly obtains any benefit by means of false or fraudulent pretenses,
representations, promises or material omissions, is guilty of a class 2 felony (A.R.S. § 13-2310).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a person to bring a civil action against a researcher, research institution or funding
agency for fraudulent scientific research or failed disclosure.
2. Requires these civil actions to be:
a) proven by clear and convincing evidence; and
b) commenced within four years after the cause of action if the claim is brought against
fraudulent research.
3. Specifies that a successful claimant must be awarded full damages, reasonable attorney fees
and if the violation is willful, punitive damages. FACT SHEET
S.B. 1722
Page 2
4. Exempts a researcher, research institution or funding agency from liability if the person or
entity:
a) preregisters a scientific method, hypothesis or analysis before conducting research;
b) reports to applicable institutions and the public that the results were misinterpreted or that
an error was made;
c) provides the study information to allow results to be reproduced after conclusion or
publication of the research; or
d) posts the methodology and data on an open access database website.
5. Allows a person to bring a civil action if the researcher, research institution or funding agency
fails to disclose:
a) funding sources;
b) financial conflicts of interest;
c) detailed methodologies; or
d) raw data supporting research findings.
6. Requires a researcher, research institution or funding agency that receives government or
private grants to disclose all raw data, protocols and methods in public databases.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2025
ZD/AW/ci