2023 -- H 5705

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LC001387

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CONTESTED PET

OWNERSHIP

     

     Introduced By: Representative William W. O'Brien

     Date Introduced: February 17, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

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HUSBANDRY" is hereby amended by adding thereto the following chapter:

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CHAPTER 28

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CONTESTED PET OWNERSHIP

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     4-28-1. Legislative findings.

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     The general assembly finds and declares that:

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     (1) Rhode Island has enacted many laws protecting the well-being of animals;

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     (2) Pets are considered much more than mere property of their owners, with special

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significant sentimental value to their owners;

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     (3) Pets evoke strong emotions, are unique and irreplaceable;

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     (4) Pets hold a cherished status in our society, worthy of special attention and protection;

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     (5) Determining ownership of pets between formerly cohabitating parties can be an

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emotionally charged and complicated process; and

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     (6) There is a need to provide for a judicial mechanism to determine the ownership of pets

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between formerly cohabitating parties when such ownership is contested.

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     4-28-2. Definitions.

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     As used in this chapter the term "pet" means any domesticated animal kept in close contact

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with the animal’s owners.

 

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     4-28-3. Parties.

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     Any person who has possessed a pet while cohabitating with another person may seek

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equitable relief relating to ownership of the pet pursuant to this chapter.

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     4-28-4. Ownership determination factors.

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     In determining the ownership of a pet between formerly cohabitating parties where the

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pet’s ownership is contested, the district court may consider the wellbeing of the pet equitable

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analysis as set forth in this section. The following is a non-exhaustive list of factors the court may

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consider in its ownership resolution ruling:

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     (1) Who purchased the pet;

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     (2) Who has paid the majority of the pet's expenses;

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     (3) Who cared for the pet on a daily basis; and

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     (4) Who can provide the most safe and appropriate living environment for the pet.

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     4-28-5. Remedies.

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     The district court shall award ownership of a pet between formerly cohabitating parties.

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Provided, however, the court shall not have the power to award joint ownership, visitation, pet

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financial support or damages of any nature. Provided further, the court may also award ownership

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of or otherwise transfer the pet to a third party, including, but not limited to, an animal welfare

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organization, if the court finds that none of the formerly cohabitating parties can provide a safe and

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appropriate living environment for the pet.

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     4-28-6. Costs and attorney fees.

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     In any proceeding under this chapter, the court may make an award of costs and reasonable

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attorneys' fees, as it may deem equitable and just.

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     4-28-7. Construction.

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     This chapter is declared to be remedial. Its purpose is to settle and to offer relief from

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uncertainty and insecurity, with respect to the ownership of pets, between formerly cohabitating

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parties.

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     SECTION 2. Chapter 8-8 of the General Laws entitled "District Court" is hereby amended

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by adding thereto the following section:

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     8-8-3.4. Equitable powers as to pet ownership determination.

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     In addition to the power heretofore exercised, the district court is hereby empowered to

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grant equitable relief, including temporary restraining orders, preliminary and permanent

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injunctions, pursuant to chapter 28 of title 4, as justice and equity may require.

 

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CONTESTED PET

OWNERSHIP

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     This act would create a legal process by which formerly cohabitating parties could seek a

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determination as to ownership of any pet from the district court.

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     This act would take effect upon passage.

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