HB 2323
Initials SJ Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: GE DP 10-3-0-0 | 3
rd
Read 42-16-2-0
Senate: APPROP 8-2-0-0 | 3
rd
Read 26-1-3-0
HB 2323: homeowner's insurance; dogs; nondiscrimination
Sponsor: Representative Kavanagh, LD 23
Senate Engrossed
Overview
Provides prohibitions on the consideration of a dog breed in relation to a policy of insurance.
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 or used for any of the following purposes:
a) Underwriting or actuarial processes for determining liability, risk, actual or potential losses
or any other matter related to claims involving dogs under a policy of insurance;
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; or
c) Conclusions of law or findings of fact entered by a hearing officer, court, administrative
law judge, arbitrator or other legal decision maker regarding whether a dog is vicious or
aggressive or has caused liability to occur, as part of determining coverage, liability or
damages related to a policy of insurance. (Sec. 1)
2. Defines the following terms:
a) Aggressive;
b) Breed;
c) Policy of insurance;
d) Provocation; and
e) Vicious. (Sec. 1)
Senate Amendments
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 and removes this provision from statute relating to homeowner's
or renter's insurance.
2. Transfers the following definitions to statute relating to liability for dog bites:
a) Aggressive;
b) Provocation; and
c) Vicious.
3. Specifies that the breed of a dog may not be the sole factor considered or used for prescribed
purposed relating to homeowner's or renter's insurance.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2323
Initials SJ Page 2 Senate Engrossed
4. Deletes language relating to any other matter related to claims involving dogs under a policy
of insurance included in the prohibition on the breed of a dog being considered.
5. Applies the provisions of this Act to new policies of insurance and renewed policies of
insurance issued beginning July 1, 2023.
6. Makes technical and conforming changes.