Assembly Bill A10333A

2019-2020 Legislative Session

Relates to providing for the legal ownership of a companion animal

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-A10333 - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add §256, Dom Rel L; add §382, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3724
2023-2024: A269

2019-A10333 - Summary

Allows a court to determine legal ownership of a companion animal, taking into consideration the well-being of the companion animal, during proceedings for dissolution of marriage, legal separation and proceedings commenced by individuals who have both resided with the companion animal.

2019-A10333 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10333
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the domestic  relations  law  and  the  agriculture  and
   markets  law,  in  relation  to providing for the legal ownership of a
   companion animal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  domestic  relations  law  is amended by adding a new
 section 256 to read as follows:
   § 256. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION;
 ASSIGNMENT OF SOLE OR JOINT OWNERSHIP. 1. NOTWITHSTANDING ANY OTHER  LAW
 TO THE CONTRARY, THE COURT, AT THE REQUEST OF A PARTY TO PROCEEDINGS FOR
 DISSOLUTION  OF  MARRIAGE  OR  FOR  LEGAL SEPARATION OF THE PARTIES, MAY
 ENTER AN ORDER PRIOR TO  THE  FINAL  DETERMINATION  OF  OWNERSHIP  OF  A
 COMPANION  ANIMAL  TO  REQUIRE  A PARTY TO CARE FOR THE COMPANION ANIMAL
 TAKING INTO CONSIDERATION THE WELL-BEING OF SUCH COMPANION  ANIMAL.  THE
 EXISTENCE  OF  AN  ORDER  PROVIDING  FOR  THE CARE OF A COMPANION ANIMAL
 DURING THE COURSE OF PROCEEDINGS  SHALL  NOT  HAVE  ANY  IMPACT  ON  THE
 COURT'S FINAL DETERMINATION OF OWNERSHIP OF THE COMPANION ANIMAL.
   2. NOTWITHSTANDING ANY OTHER LAW, THE COURT, AT THE REQUEST OF A PARTY
 TO  PROCEEDINGS  FOR  DISSOLUTION OF MARRIAGE OR FOR LEGAL SEPARATION OF
 THE PARTIES, MAY ASSIGN SOLE OR JOINT OWNERSHIP OF THE COMPANION  ANIMAL
 TAKING INTO CONSIDERATION THE WELL-BEING OF THE COMPANION ANIMAL.
   3.  "COMPANION  ANIMAL,"  AS USED IN THIS SECTION, SHALL HAVE THE SAME
 MEANING AS IN SUBDIVISION FIVE OF SECTION THREE  HUNDRED  FIFTY  OF  THE
 AGRICULTURE AND MARKETS LAW.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 382 to read as follows:
   § 382. ORDER AWARDING  LEGAL  OWNERSHIP  OF  A  COMPANION  ANIMAL.  1.
 NOTWITHSTANDING ANY OTHER LAW, A PERSON MAY COMMENCE AN ACTION TO DETER-
 MINE  THE  LEGAL  OWNERSHIP  OF A COMPANION ANIMAL WHO RESIDES WITH SUCH
 PERSON IF SUCH COMPANION ANIMAL:
   (A) RESIDES WITH TWO OR MORE PERSONS IN THE SAME RESIDENCE OR DWELLING
 UNIT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2019-A10333A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add §256, Dom Rel L; add §382, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3724
2023-2024: A269

2019-A10333A (ACTIVE) - Summary

Allows a court to determine legal ownership of a companion animal, taking into consideration the well-being of the companion animal, during proceedings for dissolution of marriage, legal separation and proceedings commenced by individuals who have both resided with the companion animal.

2019-A10333A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10333--A
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  domestic  relations law and the agriculture and
   markets law, in relation to providing for the  legal  ownership  of  a
   companion animal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The domestic relations law  is  amended  by  adding  a  new
 section 256 to read as follows:
   § 256. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION;
 ASSIGNMENT  OF SOLE OR JOINT OWNERSHIP. 1. NOTWITHSTANDING ANY OTHER LAW
 TO THE CONTRARY, THE COURT, AT THE REQUEST OF A PARTY TO PROCEEDINGS FOR
 DISSOLUTION OF MARRIAGE OR FOR LEGAL  SEPARATION  OF  THE  PARTIES,  MAY
 ENTER  AN  ORDER  PRIOR  TO  THE  FINAL  DETERMINATION OF OWNERSHIP OF A
 COMPANION ANIMAL TO REQUIRE A PARTY TO CARE  FOR  THE  COMPANION  ANIMAL
 TAKING  INTO  CONSIDERATION THE WELL-BEING OF SUCH COMPANION ANIMAL. THE
 EXISTENCE OF AN ORDER PROVIDING FOR  THE  CARE  OF  A  COMPANION  ANIMAL
 DURING  THE  COURSE  OF  PROCEEDINGS  SHALL  NOT  HAVE ANY IMPACT ON THE
 COURT'S FINAL DETERMINATION OF OWNERSHIP OF THE COMPANION ANIMAL.
   2. NOTWITHSTANDING ANY OTHER LAW, THE COURT, AT THE REQUEST OF A PARTY
 TO PROCEEDINGS FOR DISSOLUTION OF MARRIAGE OR FOR  LEGAL  SEPARATION  OF
 THE  PARTIES, MAY ASSIGN SOLE OR JOINT OWNERSHIP OF THE COMPANION ANIMAL
 TAKING INTO CONSIDERATION THE WELL-BEING OF THE COMPANION ANIMAL.
   3. "COMPANION ANIMAL," AS USED IN THIS SECTION, SHALL  HAVE  THE  SAME
 MEANING  AS  IN  SUBDIVISION  FIVE OF SECTION THREE HUNDRED FIFTY OF THE
 AGRICULTURE AND MARKETS LAW.
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 382 to read as follows:
   § 382. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION.
 1.  NOTWITHSTANDING  ANY  OTHER  LAW  TO THE CONTRARY, IN ANY PROCEEDING
 WHEREIN AT ISSUE IS OWNERSHIP OF A COMPANION ANIMAL WHO  CURRENTLY  DOES
 OR HAS RESIDED WITH PARTIES TO THE LAWSUIT, THE COURT MAY ENTER AN ORDER
 PRIOR  TO  THE FINAL DETERMINATION OF OWNERSHIP OF A COMPANION ANIMAL TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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