Vote Smart's Synopsis:

Vote to pass a bill that establishes regulations regarding the status of pets in division of property proceedings, such as divorce cases, in Pennsylvania.

Highlights:

• Establishes the state’s recognition that companion animals are generally regarded as cherished family members that offer their owners companionship, security, and assistance (Sec. 1).

• Specifies that companion animals occupy a special category of personal property that is different from inanimate personal property, so special consideration shall be given to companion animals in the division of personal property (Sec. 1).

• Defines “companion animal” as a pet, or an animal that has been acquired for the primary purpose of providing the owner with assistance (Sec. 2).

• Specifies that animals owned for business or agricultural purposes do not fall under the definition of companion animals, but may be considered as such at the discretion of the court (Sec. 2).

• Authorizes parties to enter into an enforceable agreement regarding the possession, care, or both of a companion animal, which may specify the periods of time during which each party will possess the animal, and the financial responsibility of each party in the care of the animal (Sec. 3).

• Expands regulations on the equitable division of marital property in a divorce to include considerations for companion animals, including the following (Sec. 3):

• If the animal is a service animal, then there shall be a rebuttable presumption of custody to that party;

• Whether the animal was acquired prior to or during the marriage,

• The basic daily needs of the animal;

• The party who generally facilitates veterinary care for the animal;

• The party who generally provides the animal with social interaction;

• The party who generally ensures compliance with state and local regulations regarding the animal; and

• The party who provides the greater ability to financially support the animal.

• Specifies that this Act takes effect 60 days after passage (Sec. 4).

Full Bill Text