NY State Senate Bill S4248

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2021	signed chap.509
Oct 13, 2021	delivered to governor
May 20, 2021	returned to senate passed assembly
May 10, 2021	ordered to third reading cal.322 substituted for a5775
May 05, 2021	referred to judiciary delivered to assembly passed senate
Mar 25, 2021	advanced to third reading
Mar 24, 2021	2nd report cal.
Mar 23, 2021	1st report cal.622 1st report cal.622
Feb 03, 2021	referred to judiciary

Votes

S4248 (ACTIVE) - Details

See Assembly Version of this Bill:: A5775
Law Section:: Domestic Relations Law
Laws Affected:: Amd §236, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8663
2019-2020: S6222, A1097

S4248 (ACTIVE) - Summary

Relates to requiring the court to consider the best interest of a companion animal when awarding possession in a divorce or separation proceeding.

S4248 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4248

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the domestic relations law, in relation to requiring the
court to consider the best interest of a companion animal when awarding
possession in a divorce or separation proceeding

 
PURPOSE OR GENERAL IDEA. OF BILL:

The purpose of this legislation is to ensure that the best interests of
pets are taken into consideration during divorce or separation
proceedings.

 
SUMMARY OF PROVISIONS:

Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of
section 236 of the domestic relations law is renumbered subparagraph 15.
A new subparagraph 14 is added to require that courts consider the best
interest of companion animals when awarding possession of such animal

during divorce or separation proceedings

Section 2. Establishes the effective date.

 
JUSTIFICATION:

According to the American Veterinary Medical Association (AVMA), 36.5%
of American households owned a dog and 30.4% owned a cat in 2012. As
many of these households know, companion animals usually become members
of the family. Although the nationwide divorce rate is at its lowest in
40 years, divorces still occur and can become contentious.  Custody
decisions involving pets in divorce proceedings are not uncommon.

Courts typically deal with pets in divorce proceedings as they do with
personal property such as cars and furniture. For many families, pets
are the equivalent of children and must be granted more consideration by
courts to ensure that they will be properly cared for after a divorce.

In January of 2017, Alaska became the first state in the country to
require courts to consider the welfare of household pets when determin-
ing custody of such pets in divorce proceedings. It is now time for New
York to pass similar legislation.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S6222/A1097 - PASSED SENATE

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4248 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4248
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the domestic relations law, in relation to requiring the
   court to consider the best interest of a companion animal when  award-
   ing possession in a divorce or separation proceeding

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs 14 and 15 of paragraph d of subdivision 5  of
 part  B  of  section  236  of  the domestic relations law, as amended by
 section 1 of part PP of chapter 55 of the laws of 2020, are  amended  to
 read as follows:
   (14)  whether  either  party  has committed an act or acts of domestic
 violence, as described  in  subdivision  one  of  section  four  hundred
 fifty-nine-a of the social services law, against the other party and the
 nature, extent, duration and impact of such act or acts; [and]
   (15) IN AWARDING THE POSSESSION OF A COMPANION ANIMAL, THE COURT SHALL
 CONSIDER  THE  BEST INTEREST OF SUCH ANIMAL. "COMPANION ANIMAL", AS USED
 IN THIS SUBPARAGRAPH, SHALL HAVE THE SAME MEANING AS IN SUBDIVISION FIVE
 OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW; AND
   (16) any other factor which the court shall expressly find to be  just
 and proper.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07677-01-1

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The New York State Senate

senate Bill S4248

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

May 5, 2021 - floor Vote

Floor Vote: May 5, 2021

Mar 23, 2021 - Judiciary committee Vote

Judiciary Committee Vote: Mar 23, 2021

S4248 (ACTIVE) - Details

S4248 (ACTIVE) - Summary

S4248 (ACTIVE) - Sponsor Memo

S4248 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4248

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Sponsored By

James Skoufis

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 5, 2021 - floor Vote

Floor Vote: May 5, 2021

Mar 23, 2021 - Judiciary committee Vote

Judiciary Committee Vote: Mar 23, 2021

S4248 (ACTIVE) - Details

S4248 (ACTIVE) - Summary

S4248 (ACTIVE) - Sponsor Memo

S4248 (ACTIVE) - Bill Text download pdf

Comments