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Senate Engrossed House Bill
homeowner's insurance; dogs; nondiscrimination |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HOUSE BILL 2323 |
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An Act
amending section 11-1025, Arizona Revised Statutes; amending title 20, chapter 6, article 7, Arizona Revised Statutes, by adding section 20-1510; relating to property insurance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-1025, Arizona Revised Statutes, is amended to read:
11-1025. 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.
Sec. 2. Title 20, chapter 6, article 7, Arizona Revised Statutes, is amended by adding section 20-1510, to read:
20-1510. Homeowner's or renter's insurance; dog breeds; prohibitions; definitions
A. The breed of a dog may not be the sole factor considered or used for any of the following purposes:
1. Underwriting or actuarial processes for determining risk, liability or actual or potential losses related to claims involving dogs under a policy of insurance.
2. Questionnaires, surveys or other means of gathering information regarding ownership or possession of a dog or the presence of a dog on premises insured or to be insured under a policy of insurance.
B. For the purposes of this section:
1. "breed" means the actual or perceived breed or mixture of breeds of a dog.
2. "Policy of insurance" means a homeowner's or renter's policy of insurance.
Sec. 3. Applicability
This act applies to new policies of insurance and renewed policies of insurance issued from and after June 30, 2023.