Assigned to APPROP FOR COMMITTEE ARIZONA STATE SENATE Fifty-Fifth Legislature, Second Regular Session FACT SHEET FOR H.B. 2323 homeowner's insurance; dogs; nondiscrimination Purpose Prohibits a dog's breed from being considered or used for prescribed purposes relating to a homeowner's or renter's insurance policy (insurance policy). Background The owner of a dog which bites a person in a public place or lawfully on a private place is liable for damages suffered by the person bitten (A.R.S. § 11-1025). A person is lawfully in or on private property of a dog owner if the person is an invitee, guest or when a person is performing a duty imposed on the person by U.S. or state law (A.R.S. § 11-1026). Proof of provocation of attack by a person injured by a dog is an authorized defense to an action for damages and must be determined by whether a reasonable person would expect that the conduct or circumstances would likely provoke a dog (A.R.S. § 11-1027). Insurance is 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 a dog's breed from being considered or used for: a) underwriting or actuarial processes for determining risk, liability, actual or potential losses or any other matter related to claims involving dogs under an insurance policy; b) questionnaires, surveys or other means of gathering information regarding ownership, possession or the presence of a dog on the premises under an insurance policy; c) findings of fact or conclusions of law by a legal decision maker regarding whether a dog is aggressive, vicious or has caused liability to occur as part of determining coverage, liability or damages related to an insurance policy. 2. Defines aggressive as a dog that has bitten a person or domestic animal without provocation or has a history of biting persons or domestic animals without provocation. 3. Defines breed as a dog's actual, perceived breed or mixture of breeds. 4. Defines policy of insurance as a homeowner's or renter's policy of insurance. 5. Defines provocation as tormenting, attacking or inciting a dog and includes the standard for determining provocation by whether a reasonable person would have expected that the conduct or circumstances would have provoked a dog. FACT SHEET H.B. 2323 Page 2 6. Defines vicious as a dog that: a) has a propensity to attack, cause injury to or otherwise endanger the safety of persons without provocation; or b) was found to have any of these traits after a hearing before a court of competent jurisdiction or before a hearing officer. 7. Becomes effective on the general effective date. House Action COM 1/31/22 W/D GE 2/16/22 DP 10-3-0-0 3 rd Read 3/17/22 42-16-2 Prepared by Senate Research March 25, 2022 LMM/IJ/sr