ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: GE DP 10-3-0-0 | 3rd Read 42-16-2-0
Senate: APPROP 8-2-0-0 | 3rd Read 26-1-3-0
Final Pass: 43-10-7-0


HB 2323: homeowner's insurance; dogs; nondiscrimination

Sponsor: Representative Kavanagh, LD 23

Transmitted to the Governor

Overview

Provides prohibitions on the consideration of a dog breed in relation to a policy of insurance and liability for dog bites.

History

Insurance is defined in statute as a contract by which a person undertakes to indemnify another or to pay a specified amount on determinable contingencies (A.R.S. § 20-103).

Provisions

1.   Prohibits the breed of a dog from being considered in findings of facts or conclusions of law entered by a legal decision-maker regarding whether a dog is aggressive or vicious or has created liability for a dog bite. (Sec. 1)

2.   Stipulates that the breed of a dog may not be the sole factor considered or used for any of the following purposes:

a)   Underwriting or actuarial processes for determining liability, risk or actual or potential losses related to claims involving dogs under a policy of insurance; or

b)   Surveys, questionnaires or other means of gathering information regarding possession, ownership or the presence of a dog on premises insured or to be insured under a policy of insurance; (Sec. 2)

3.   Applies the provisions of this Act to new policies of insurance and renewed policies of insurance issued beginning July 1, 2023. (Sec. 3)

4.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteDefines the following terms:

a)   Aggressive;

b)   Breed;

c)   Policy of insurance;

d)   Provocation; and

e)   Vicious. (Sec. 1, 2)

5.   Makes technical and conforming changes. (Sec. 1)

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9.                     HB 2323

10.  Initials SJ  Page 0 Transmitted

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