2019 -- H 5483

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LC001358

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ANIMALS AND ANIMAL HUSBANDRY - CONTESTED PET

OWNERSHIP

     Introduced By: Representatives O'Brien, Shekarchi, Lima, Vella-Wilkinson, and Serpa

     Date Introduced: February 14, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 8-8 of the General Laws entitled "District Court" is hereby

amended by adding thereto the following section:

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

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

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

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

     SECTION 2. Title 4 of the General Laws entitled "ANIMALS AND ANIMAL

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

CHAPTER 28

CONTESTED PET OWNERSHIP

     4-28-1. Legislative findings.

     The general assembly finds and declares that:

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

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

significant sentimental value to their owners;

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

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

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

emotionally charged and complicated process; and

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

pets between formerly cohabitating parties when such ownership is contested.

     4-28-2. Definitions.

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

contact with the animal’s owners.

     4-28-3. Parties.

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

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

     4-28-4. Ownership determination factors.

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

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

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

consider in its ownership resolution ruling:

     (1) Who purchased the pet;

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

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

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

     4-28-5. Remedies.

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

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

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

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

welfare organization, if the court finds that none of the formerly cohabitating parties can provide

a safe and appropriate living environment for the pet.

     4-28-6. Costs and attorney fees.

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

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

     4-28-7. Construction.

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

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

parties.

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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

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

     This act would take effect upon passage.

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LC001358

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