Arizona 2022 2022 Regular Session

Arizona House Bill HB2323 Comm Sub / Analysis

Filed 05/09/2022

                      	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.