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A00269 Summary:

BILL NOA00269
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add §256, Dom Rel L; add §385, Ag & Mkts L
 
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.
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A00269 Actions:

BILL NOA00269
 
01/04/2023referred to judiciary
01/03/2024referred to judiciary
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A00269 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           269
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        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:
 
     1    Section  1.  The  domestic  relations  law  is amended by adding a new
     2  section 256 to read as follows:
     3    § 256. Order to care for companion animal pending final determination;
     4  assignment of sole or joint ownership. 1. Notwithstanding any other  law
     5  to the contrary, the court, at the request of a party to proceedings for
     6  dissolution  of  marriage  or  for  legal separation of the parties, may
     7  enter an order prior to  the  final  determination  of  ownership  of  a
     8  companion  animal  to  require  a party to care for the companion animal
     9  taking into consideration the well-being of such companion  animal.  The
    10  existence  of  an  order  providing  for  the care of a companion animal
    11  during the course of proceedings  shall  not  have  any  impact  on  the
    12  court's final determination of ownership of the companion animal.
    13    2. Notwithstanding any other law, the court, at the request of a party
    14  to  proceedings  for  dissolution of marriage or for legal separation of
    15  the parties, may assign sole or joint ownership of the companion  animal
    16  taking into consideration the well-being of the companion animal.
    17    3.  "Companion  animal,"  as used in this section, shall have the same
    18  meaning as in subdivision five of section three  hundred  fifty  of  the
    19  agriculture and markets law.
    20    §  2.  The  agriculture  and  markets  law  is amended by adding a new
    21  section 385 to read as follows:
    22    § 385. Order to care for companion animal pending final determination.
    23  1. Notwithstanding any other law to  the  contrary,  in  any  proceeding
    24  wherein  at  issue is ownership of a companion animal who currently does
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01329-01-3

        A. 269                              2
 
     1  or has resided with parties to the lawsuit, the court may enter an order
     2  prior to the final determination of ownership of a companion  animal  to
     3  require  a  party to care for the companion animal taking into consider-
     4  ation the well-being of such companion animal. The existence of an order
     5  providing  for  the  care  of  a  companion  animal during the course of
     6  proceedings shall not have any impact on the court's final determination
     7  of ownership of such companion animal.
     8    2. Notwithstanding any other law to the contrary,  in  any  proceeding
     9  wherein  at  issue is ownership of a companion animal who currently does
    10  or has resided with parties to the lawsuit, the court may assign sole or
    11  joint ownership of the companion animal taking  into  consideration  the
    12  well-being of such companion animal.
    13    3.  "Companion  animal"  as  used  in this section shall have the same
    14  meaning as provided in subdivision five of section three  hundred  fifty
    15  of this article.
    16    §  3.  This  act shall take effect on the thirtieth day after it shall
    17  have become a law.
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