PRIOR PRINTER'S NO. 1164
PRINTER'S NO. 1677
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1108
Session of
2023
INTRODUCED BY KULIK, MADDEN, HILL-EVANS, D. WILLIAMS, SANCHEZ,
HOWARD, MARSHALL, WARREN, SHUSTERMAN AND WEBSTER, MAY 5, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 22, 2023
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in preliminary provisions relating to
divorce, further providing for legislative findings and
intent, for definitions and for effect of agreement between
parties; and, in property rights, further providing for
equitable division of marital property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3102(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 3102. Legislative findings and intent.
* * *
(a.1) Companion animals.--The Commonwealth recognizes that
companion animals are living beings that are generally regarded
as cherished family members that offer their owners
companionship, security and assistance. Companion animals occupy
a special category of personal property which does not include
inanimate personal property. Therefore, it is the policy of the
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Commonwealth that special consideration be extended to companion
animals when the division of personal property is planned or
determined under this part.
(b) Construction of part.--The objectives and policies set
forth in [subsection (a)] subsections (a) and (a.1) shall be
considered in construing provisions of this part and shall be
regarded as expressing the legislative intent.
Section 2. Section 3103 of Title 23 is amended by adding a
definition to read:
§ 3103. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Companion animal." An animal that:
(1) is a domesticated, living being commonly referred to
as a pet; or
(2) has been bought, bred, raised or otherwise acquired
in accordance with applicable law for the primary purpose of
providing the owner with assistance in relation to a
disability, security or companionship, rather than for
business or agricultural purposes.
"COMPANION ANIMAL." AS FOLLOWS:
(1) AN ANIMAL THAT:
(I) IS A DOMESTICATED, LIVING BEING COMMONLY
REFERRED TO AS A PET; OR
(II) HAS BEEN BOUGHT, BRED, RAISED OR OTHERWISE
ACQUIRED IN ACCORDANCE WITH APPLICABLE LAW FOR THE
PRIMARY PURPOSE OF PROVIDING THE OWNER WITH ASSISTANCE IN
RELATION TO A DISABILITY, SECURITY OR COMPANIONSHIP,
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RATHER THAN FOR BUSINESS OR AGRICULTURAL PURPOSES.
(2) NOTWITHSTANDING PARAGRAPH (1), AN ANIMAL THAT IS
USED FOR BUSINESS OR AGRICULTURAL PURPOSES, BUT THAT HAS NOT
BEEN INCORPORATED INTO THE FAMILY HOUSEHOLD AS A PET, MAY BE
CONSIDERED AS A COMPANION ANIMAL, AS DETERMINED BY THE COURT.
* * *
Section 3. Sections 3105 and 3502 of Title 23 are amended by
adding subsections to read:
§ 3105. Effect of agreement between parties.
* * *
(d) Possession and care of companion animal.--
Notwithstanding any other provision in this part, parties may
enter into an enforceable agreement regarding the possession or
care, or both, of a companion animal. Among other things, the
agreement may specify the following:
(1) The periods of time during which each party will
possess the companion animal.
(2) The financial responsibility of each party regarding
the care of the companion animal.
§ 3502. Equitable division of marital property.
* * *
(g) Companion animal.--Upon the request of either party, the
court shall provide for the possession or care, or both, of a
companion animal of the parties. The court shall consider all
relevant factors, including the following:
(1) W hether the companion animal was acquired prior to
or during the marriage.
(2) The basic daily needs of the companion animal.
(3) The party who generally facilitates veterinary care
for the companion animal.
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(4) The party who generally provides the companion
animal with social interaction.
(5) The party who generally ensures compliance with
State and local regulations regarding the companion animal.
(6) The party who provides the greater ability to
financially support the companion animal.
(G) COMPANION ANIMAL.--
(1) UPON THE REQUEST OF EITHER PARTY, THE COURT SHALL
PROVIDE FOR THE POSSESSION OR CARE, OR BOTH, OF A COMPANION
ANIMAL OF THE PARTIES IN ACCORDANCE WITH THIS SUBSECTION.
(2) IF THE COMPANION ANIMAL IS A SERVICE ANIMAL, AS THAT
TERM IS DEFINED IN SECTION 2 OF THE ACT OF OCTOBER 24, 2018
(P.L.733, NO.118), KNOWN AS THE ASSISTANCE AND SERVICE ANIMAL
INTEGRITY ACT, FOR A PARTY OR FOR AN INDIVIDUAL WHO IS UNDER
18 YEARS OF AGE AND IN THE CUSTODY OF THAT PARTY, THERE SHALL
BE A REBUTTABLE PRESUMPTION OF CUSTODY OF THE COMPANION
ANIMAL TO THAT PARTY.
(3) IF PARAGRAPH (2) DOES NOT APPLY, THE COURT SHALL
CONSIDER ALL RELEVANT FACTORS, INCLUDING THE FOLLOWING:
(I) W HETHER THE COMPANION ANIMAL WAS ACQUIRED PRIOR
TO OR DURING THE MARRIAGE.
(II) THE BASIC DAILY NEEDS OF THE COMPANION ANIMAL.
(III) THE PARTY WHO GENERALLY FACILITATES VETERINARY
CARE FOR THE COMPANION ANIMAL.
(IV) THE PARTY WHO GENERALLY PROVIDES THE COMPANION
ANIMAL WITH SOCIAL INTERACTION.
(V) THE PARTY WHO GENERALLY ENSURES COMPLIANCE WITH
STATE AND LOCAL REGULATIONS REGARDING THE COMPANION
ANIMAL.
(VI) THE PARTY WHO PROVIDES THE GREATER ABILITY TO
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FINANCIALLY SUPPORT THE COMPANION ANIMAL.
Section 4. This act shall take effect in 60 days.
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