Arizona 2022 2022 Regular Session

Arizona House Bill HB2323 Comm Sub / Analysis

Filed 05/16/2022

                      	HB 2323 
Initials SJ 	Page 1 	Transmitted 
 
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 
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. Defines 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) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note