Bill
Number: H.B. 2323
Livingston Floor Amendment
Reference
to: House
Engrossed Bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Prohibits
the breed of a dog from being considered in findings of facts or conclusions of
law entered by a court, administrative law judge, hearing officer, arbitrator
or other legal decision-maker regarding whether a dog is aggressive or vicious
or has created liability for a dog bite.
2. Removes
the prohibition on the breed of a dog being considered in findings of facts or
conclusions of law entered by a court, administrative law judge, hearing
officer, arbitrator or other legal decision-maker regarding whether a dog is
aggressive or vicious or has created liability from statute relating to
homeowner's or renter's insurance.
3. Prohibits
the breed of a dog from being the sole factor considered or used for outlined
purposes relating to homeowner's or renter's insurance policies involving dogs.
4. Defines
aggressive, breed, provocation and vicious for the
purposes of statute governing liability for dog bites.
5. Removes
the definitions of aggressive, provocation and vicious
from statute relating to homeowner's or renter's insurance.
6. Applies
this legislation to new policies of insurance
and renewed policies of insurance issued beginning July 1, 2023.
7. Makes
technical and conforming changes.
Page 1,
between lines 1 and 2, insert:
"Section 1. Section 11-1025, Arizona Revised
Statutes, is amended to read:
START_STATUTE11-1025. Liability
for dog bites; military and police work; definitions
A. The
owner of a dog which that bites a
person when the person is in or on a public place or lawfully in or on a
private place, including the property of the owner of the dog, is liable for
damages suffered by the person bitten, regardless of the former viciousness of
the dog or the owner's knowledge of its viciousness.
B. The
breed of a dog may not be considered in findings of facts or conclusions of law
entered by a court, administrative law judge, hearing officer, arbitrator or
other legal decision-maker regarding whether a dog is aggressive or
vicious or has created liability.
B. C. Nothing in This section or in and section 11-1020 shall permit do not allow the bringing of an action for damages against any
governmental agency using a dog in military or police work if the bite occurred
while the dog was defending itself from a harassing or provoking act, or assisting an employee of the agency in any of the
following:
1. In the apprehension Apprehending or
holding of a suspect where if the employee has had
a reasonable suspicion of the suspect's involvement in criminal activity.
2. In the investigation of Investigating a
crime or possible crime.
3. In the execution of Executing a warrant.
4. In the defense of Defending a peace officer
or another person.
C. D. Subsection
B C of this section shall does not apply in any case where in which the victim of the bite was
not a party to, nor a participant in, nor suspected to be a party to or a
participant in, the act that prompted the use of the dog in the military or
police work.
D. E. Subsection
B C of this section shall apply applies only where if
a governmental agency using a dog in military or police work has adopted a
written policy on the necessary and appropriate use of a dog for the police or
military work enumerated in subsection B C of this section.
F. For
the purposes of this section:
1. "Aggressive"
means that a dog has bitten a person or domestic animal without provocation or
has a known history of attacking persons or domestic animals without
provocation.
2. "breed"
means the actual or perceived breed or mixture of breeds of a dog.
3. "Provocation"
means tormenting, attacking or inciting a dog and includes the standard for
determining provocation prescribed in section 11-1027.
4. "Vicious"
means that a dog has a propensity to attack, to cause injury to or to otherwise
endanger the safety of human beings without provocation or has been found to
have any of these traits after a hearing before a court of competent
jurisdiction or before a hearing officer pursuant to section 11-1006."END_STATUTE
Renumber to
conform
Page 1, line
6, after "be" insert "the
sole factor"
Line 9,
strike the comma insert "or"; strike "or any other matter"
Strike lines
14 through 18
Strike lines
20 through 22
Renumber to
conform
Page
1, strike lines 27 through 34, insert:
"Sec. 3. Applicability
This
act applies to new policies of insurance and renewed policies of insurance
issued from and after June 30, 2023."
Amend title to conform