Rhode Island 2023 Regular Session

Rhode Island House Bill H5705 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5705
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7	7	LC001387
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CONTESTED PET
16	16	OWNERSHIP
17	17	Introduced By: Representative William W. O'Brien
18	18	Date Introduced: February 17, 2023
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL 1
24	24	HUSBANDRY" is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 28 3
26	26	CONTESTED PET OWNERSHIP 4
27	27	4-28-1. Legislative findings. 5
28	28	The general assembly finds and declares that: 6
29	29	(1) Rhode Island has enacted many laws protecting the well-being of animals; 7
30	30	(2) Pets are considered much more than mere property of their owners, with special 8
31	31	significant sentimental value to their owners; 9
32	32	(3) Pets evoke strong emotions, are unique and irreplaceable; 10
33	33	(4) Pets hold a cherished status in our society, worthy of special attention and protection; 11
34	34	(5) Determining ownership of pets between formerly cohabitating parties can be an 12
35	35	emotionally charged and complicated process; and 13
36	36	(6) There is a need to provide for a judicial mechanism to determine the ownership of pets 14
37	37	between formerly cohabitating parties when such ownership is contested. 15
38	38	4-28-2. Definitions. 16
39	39	As used in this chapter the term "pet" means any domesticated animal kept in close contact 17
40	40	with the animal’s owners. 18
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42	42
43	43	LC001387 - Page 2 of 4
44	44	4-28-3. Parties. 1
45	45	Any person who has possessed a pet while cohabitating with another person may seek 2
46	46	equitable relief relating to ownership of the pet pursuant to this chapter. 3
47	47	4-28-4. Ownership determination factors. 4
48	48	In determining the ownership of a pet between formerly cohabitating parties where the 5
49	49	pet’s ownership is contested, the district court may consider the wellbeing of the pet equitable 6
50	50	analysis as set forth in this section. The following is a non-exhaustive list of factors the court may 7
51	51	consider in its ownership resolution ruling: 8
52	52	(1) Who purchased the pet; 9
53	53	(2) Who has paid the majority of the pet's expenses; 10
54	54	(3) Who cared for the pet on a daily basis; and 11
55	55	(4) Who can provide the most safe and appropriate living environment for the pet. 12
56	56	4-28-5. Remedies. 13
57	57	The district court shall award ownership of a pet between formerly cohabitating parties. 14
58	58	Provided, however, the court shall not have the power to award joint ownership, visitation, pet 15
59	59	financial support or damages of any nature. Provided further, the court may also award ownership 16
60	60	of or otherwise transfer the pet to a third party, including, but not limited to, an animal welfare 17
61	61	organization, if the court finds that none of the formerly cohabitating parties can provide a safe and 18
62	62	appropriate living environment for the pet. 19
63	63	4-28-6. Costs and attorney fees. 20
64	64	In any proceeding under this chapter, the court may make an award of costs and reasonable 21
65	65	attorneys' fees, as it may deem equitable and just. 22
66	66	4-28-7. Construction. 23
67	67	This chapter is declared to be remedial. Its purpose is to settle and to offer relief from 24
68	68	uncertainty and insecurity, with respect to the ownership of pets, between formerly cohabitating 25
69	69	parties. 26
70	70	SECTION 2. Chapter 8-8 of the General Laws entitled "District Court" is hereby amended 27
71	71	by adding thereto the following section: 28
72	72	8-8-3.4. Equitable powers as to pet ownership determination. 29
73	73	In addition to the power heretofore exercised, the district court is hereby empowered to 30
74	74	grant equitable relief, including temporary restraining orders, preliminary and permanent 31
75	75	injunctions, pursuant to chapter 28 of title 4, as justice and equity may require. 32
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78	78	LC001387 - Page 3 of 4
79	79	SECTION 3. This act shall take effect upon passage. 1
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81	81	LC001387
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85	85	LC001387 - Page 4 of 4
86	86	EXPLANATION
87	87	BY THE LEGISLATIVE COUNCIL
88	88	OF
89	89	A N A C T
90	90	RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CONTESTED PET
91	91	OWNERSHIP
92	92	***
93	93	This act would create a legal process by which formerly cohabitating parties could seek a 1
94	94	determination as to ownership of any pet from the district court. 2
95	95	This act would take effect upon passage. 3
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97	97	LC001387
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