PRINTER'S NO. 404
No. 366 Session of 2007
INTRODUCED BY GREENLEAF, COSTA AND RAFFERTY, MARCH 12, 2007
REFERRED TO JUDICIARY, MARCH 12, 2007
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing, in divorce, for
3 legislative findings and intent, defining "companion animal";
4 and further providing for effect of agreement between parties
5 and for equitable division of marital property.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3102(b) of Title 23 of the Pennsylvania
9 Consolidated Statutes is amended and the section is amended by
10 adding a subsection to read:
11 § 3102. Legislative findings and intent.
12 * * *
13 (a.1) Companion animals.--The Commonwealth recognizes that
14 companion animals are living beings that are generally regarded
15 as cherished family members and that offer their human owners
16 companionship, security and assistance. Companion animals occupy
17 a special category of personal property which does not include
18 inanimate personal property. Therefore, it is the policy of the
19 Commonwealth that special consideration be extended to companion
1 animals when the division of personal property is planned or
2 determined under this part.
3 (b) Construction of part.--The objectives and policies set
4 forth in [subsection (a)] subsections (a) and (a.1) shall be
5 considered in construing provisions of this part and shall be
6 regarded as expressing the legislative intent.
7 Section 2. Section 3103 of Title 23 is amended by adding a
8 definition to read:
9 § 3103. Definitions.
10 The following words and phrases when used in this part shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 "Companion animal." The term includes an animal that falls
15 under one or both of the following categories:
16 (1) An animal commonly referred to as a pet.
17 (2) An animal that has been bought, bred, raised or
18 otherwise acquired in accordance with applicable law for the
19 primary purpose of providing the owner with assistance in
20 relation to a disability, security or companionship, rather
21 than for business or agricultural purposes.
22 * * *
23 Section 3. Sections 3105 and 3502 of Title 23 are amended by
24 adding subsections to read:
25 § 3105. Effect of agreement between parties.
26 * * *
27 (d) Possession and care of companion animal.--
28 Notwithstanding any other provision in this part, parties may
29 enter into an enforceable agreement regarding either the
30 possession of a companion animal or the care of a companion
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1 animal, or both. Among other things, an agreement regarding a
2 companion animal may specify the following:
3 (1) The periods of time during which each party will
4 possess the companion animal.
5 (2) The financial responsibility of each party regarding
6 the care of the companion animal.
7 § 3502. Equitable division of marital property.
8 * * *
9 (g) A companion animal.--Upon the request of either party,
10 the court shall provide for the possession of a companion animal
11 after considering all relevant factors.
12 Section 4. This act shall take effect in 60 days.
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