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HB 147: "An Act relating to the investigation of cruelty to animals complaints; relating to the seizure of animals; relating to the destruction of animals; relating to a bond or security posted for the costs of care for an animal; relating to the inclusion of an animal in a protective order and the crimes and arrests for violating that protective order; and relating to the ownership of an animal upon divorce or dissolution of marriage."

00                             HOUSE BILL NO. 147                                                                          
01 "An Act relating to the investigation of cruelty to animals complaints; relating to the                                 
02 seizure of animals; relating to the destruction of animals; relating to a bond or security                              
03 posted for the costs of care for an animal; relating to the inclusion of an animal in a                                 
04 protective order and the crimes and arrests for violating that protective order; and                                    
05 relating to the ownership of an animal upon divorce or dissolution of marriage."                                        
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 03.55.110(c) is amended to read:                                                                   
08            (c) Before a peace officer may take an animal and place it into protective                                   
09       custody, the peace officer shall request an immediate inspection and decision by a                                
10       veterinarian licensed under AS 08.98 that placement into protective custody is in the                             
11       immediate best interest of the animal. If a veterinarian is not available to perform an                           
12       inspection, before a peace officer may take an animal, the peace officer shall                                    
13       communicate with a veterinarian who has, after hearing a description of the condition                             
01       of the animal and its environment, decided it is in the immediate best interest of the                            
02       animal that it be placed into protective custody. If the peace officer is not able to                             
03       communicate with a veterinarian, before the officer may take an animal, the officer                               
04       shall decide it is in the immediate best interest of the animal that it be placed into                            
05       protective custody [. FOR PURPOSES OF THIS SECTION, "PEACE OFFICER"                                               
06       MEANS                                                                                                             
07                 (1) AN OFFICER OF THE STATE TROOPERS;                                                                   
08                 (2) A MEMBER OF THE POLICE FORCE OF A MUNICIPALITY;                                                     
09                 (3) A VILLAGE PUBLIC SAFETY OFFICER; OR                                                                 
10                 (4) A REGIONAL PUBLIC SAFETY OFFICER].                                                                  
11    * Sec. 2. AS 03.55.110 is amended by adding a new subsection to read:                                              
12            (d) In this section,                                                                                         
13                 (1) "cruelty" includes promoting a fighting exhibition of animals;                                      
14                 (2) "peace officer" means                                                                               
15                      (A) an officer of the state troopers;                                                              
16                      (B) a member of the police force of a municipality;                                                
17                      (C) a village public safety officer; or                                                            
18                      (D) a regional public safety officer.                                                              
19    * Sec. 3. AS 03.55.120(c) is amended to read:                                                                      
20            (c) If a removed animal's owner is unknown and cannot be ascertained with                                    
21       reasonable effort,                                                                                                
22                 (1) the animal shall be considered a stray or abandoned; and                                    
23                 (2) the notice required in (b) of this section shall be conspicuously                               
24       posted at the premises from which the animal was removed.                                                     
25    * Sec. 4. AS 03.55.130(d) is amended to read:                                                                      
26            (d) Except as provided in (a) or (b) of this section, the custodian of an animal                             
27       may not adopt, provide for the adoption of, or euthanize the animal within 10 business                            
28       days after the animal is taken into custody. An owner may prevent the animal's                                    
29       adoption or destruction by                                                                                        
30                 (1) petitioning the court of the judicial district in which the animal was                              
31       removed for the animal's immediate return, subject, if appropriate, to court-imposed                              
01       conditions; or                                                                                                    
02                 (2) posting a bond or security with the court of the judicial district in                             
03       which the animal was seized within 10 business days after the court's order to post                           
04       a bond or security under this paragraph in an amount determined by the court to be                            
05       sufficient to provide for the animal's care for a minimum of 30 days from the date the                            
06       animal was seized [REMOVED].                                                                                  
07    * Sec. 5. AS 03.55.130(e) is amended to read:                                                                      
08            (e) [IF THE CUSTODIAN STILL HAS CUSTODY OF THE ANIMAL                                                        
09       WHEN THE BOND OR SECURITY POSTED UNDER (d)(2) OF THIS SECTION                                                     
10       EXPIRES AND THE COURT HAS NOT ORDERED AN ALTERNATIVE                                                              
11       DISPOSITION, THE ANIMAL BECOMES THE CUSTODIAN'S PROPERTY.] If                                                     
12       an [A COURT] order of the court prevents a [THE] custodian from assuming                              
13       ownership and the custodian continues to care for the animal, the court shall order                           
14       [REQUIRE] the owner of the animal to pay or post a [BY] bond or security for the                          
15       amount ordered under (g) of this section [OTHERWISE] for the custodian's                                      
16       continuing costs of care for the animal until a final disposition of the animal is                                
17       ordered [MADE] by the court. Upon the expiration of a bond or security posted                             
18       under this section, the owner shall pay or post the amount ordered by the court                               
19       every 30 days thereafter until a final disposition of the animal is ordered by the                            
20       court. If a bond or security posted under this subsection expires, the owner fails                            
21       to pay or post an additional bond or security, and the court has not ordered an                               
22       alternative disposition, the animal shall become the property of the custodian.                               
23       The court of the judicial district in which the animal was seized may enter an                                
24       order directing the owner of the animal to pay the custodian an amount sufficient                             
25       to provide for the animal's care for a minimum of 30 days or to post a bond or                                
26       security for the same amount. The court may hold a cost-of-care hearing for this                              
27       purpose. The court shall, if possible, hold a hearing under this section not more                             
28       than 10 business days after an animal is taken into custody. The custodian or, at                             
29       the direction of the custodian, a peace officer or person authorized to serve                                 
30       process shall provide notice of the time and place of the hearing to the owner of                             
31       the animal. If the owner of the animal is unknown and cannot be ascertained                                   
01       with reasonable effort, the custodian or, at the direction of the custodian, a peace                          
02       officer or person authorized to serve process shall conspicuously post the notice                             
03       required by this subsection on the premises where the animal was seized.                                      
04    * Sec. 6. AS 11.56.740(a) is amended to read:                                                                      
05            (a) A person commits the crime of violating a protective order if the person is                              
06       subject to a protective order                                                                                     
07                 (1) issued or filed under AS 18.66 and the protective order contains                                
08       one or more of the provisions [CONTAINING A PROVISION] listed in                                              
09       AS 18.66.100(c)(1) - (7), (17), and (18) and the person knowingly commits or                              
10       attempts to commit an act with reckless disregard that the act violates or would violate                          
11       a provision of the protective order;                                                                              
12                 (2) issued under AS 18.65.850, 18.65.855, or 18.65.860 and knowingly                                    
13       commits or attempts to commit an act that violates or would violate a provision listed                            
14       in AS 18.65.850(c)(1) - (3); or                                                                                   
15                 (3) issued under AS 13.26.207 - 13.26.209 and knowingly commits or                                      
16       attempts to commit an act with reckless disregard that the act violates or would violate                          
17       a provision of the protective order.                                                                              
18    * Sec. 7. AS 12.30.027(a) is amended to read:                                                                      
19            (a) Before ordering release before or after trial, or pending appeal, of a person                            
20       charged with or convicted of a crime involving domestic violence, the judicial officer                            
21       shall consider the safety of the victim or other household member. To protect the                                 
22       victim, household member, other persons, and the community and to reasonably                                      
23       ensure the person's appearance, the judicial officer                                                              
24                 (1) shall impose conditions required under AS 12.30.011;                                                
25                 (2) may impose any of the conditions authorized under AS 12.30.011;                                     
26                 (3) may impose any of the provisions of AS 18.66.100(c)(1) - (7),                                   
27       [AND] (11), (17), and (18);                                                                                   
28                 (4) may order the person to participate in a monitoring program with a                                  
29       global positioning device or similar technological means that meets guidelines for a                              
30       monitoring program adopted by the Department of Corrections in consultation with                                  
31       the Department of Public Safety; and                                                                              
01                 (5) may impose any other condition necessary to protect the victim,                                     
02       household member, other persons, and the community, and to ensure the appearance                                  
03       of the person in court, including ordering the person to refrain from the consumption                             
04       of alcohol.                                                                                                       
05    * Sec. 8. AS 18.65.520(a) is amended to read:                                                                      
06            (a) A peace officer investigating a crime involving domestic violence shall                                  
07       orally and in writing inform the victim of the rights of victims of domestic violence                             
08       and the services available to them. The notice must be in substantially the following                             
09       form:                                                                                                             
10                 If you are the victim of domestic violence and you believe that                                         
11            law enforcement protection is needed for your physical safety, you                                           
12            have the right to request that the officer assist in providing for your                                      
13            safety, including asking for an emergency protective order.                                                  
14                 You may also request the officer to assist you in obtaining your                                        
15            essential personal belongings and locating and taking you to a safe                                          
16            place, including a designated meeting place or shelter, the residence of                                     
17            a household member or friend, or a similar place of safety. In some                                          
18            places in Alaska there are organizations that provide aid and shelter to                                     
19            victims of domestic violence. The nearest organization is located at                                         
20            ______________________________.                                                                              
21                 If you are in need of medical treatment, you may request that                                           
22            the officer assist you in obtaining medical treatment.                                                       
23                 You may obtain information about whether the prosecuting                                                
24            attorney will file a criminal complaint about the domestic violence.                                         
25            Additionally, the victim/witness assistance program of the Department                                        
26            of Law may be able to help you. This information is available from the                                       
27            district attorney's office, which is located at __________________.                                          
28                 You also have the right to file a petition in court requesting a                                        
29            protective order that may include any of the following provisions:                                           
30                      (1) prohibit your abuser from threatening to commit or                                             
31            committing further acts of domestic violence;                                                                
01                      (2) prohibit your abuser from stalking, harassing,                                                 
02            telephoning, contacting, or otherwise communicating with you, directly                                       
03            or indirectly;                                                                                               
04                      (3) remove your abuser from your residence;                                                        
05                      (4) order your abuser to stay away from your residence,                                            
06            school, place of employment, or any other specified place frequented                                         
07            by you or another designated household member;                                                               
08                      (5) prohibit your abuser from entering your vehicle or a                                           
09            vehicle you occupy;                                                                                          
10                      (6) prohibit your abuser from using or possessing a                                                
11            deadly weapon if the court finds your abuser was in the actual                                               
12            possession of or used a weapon during the commission of your abuse;                                          
13                      (7) direct your abuser to surrender any firearm owned or                                           
14            possessed by that person if the court finds your abuser was in the actual                                    
15            possession of or used a firearm during the commission of your abuse;                                         
16                      (8) request a peace officer to accompany you to your                                               
17            residence to ensure your safe possession of the residence, vehicle, or                                       
18            other items, or to ensure your safe removal of personal items from the                                       
19            residence;                                                                                                   
20                      (9) award temporary custody of a minor child to the                                                
21            petitioner and may arrange for visitation with a minor child if the safety                                   
22            of the child and the petitioner can be protected;                                                            
23                      (10) grant you possession and use of a vehicle and other                                           
24            essential personal effects;                                                                                  
25                      (11) prohibit your abuser from consuming controlled                                                
26            substances;                                                                                                  
27                      (12) require your abuser to pay support for you or a                                               
28            minor child in your care if there is an independent legal obligation of                                      
29            your abuser to support you or the child;                                                                     
30                      (13) require your abuser to reimburse you for your                                                 
31            expenses caused by domestic violence, including medical bills, or for                                        
01            your costs in getting a protective order;                                                                    
02                      (14) order your abuser to participate in an intervention                                           
03            program for batterers; [AND]                                                                                 
04                      (15) prohibit your abuser from removing, harming,                                              
05            or disposing of an animal owned or possessed by you, your abuser,                                        
06            or any other person living in your residence, or authorize you to                                        
07            remove an animal from the possession of your abuser;                                                     
08                      (16) grant you the exclusive care, custody, and                                                
09            control of an animal owned or possessed by you, your abuser, or                                          
10            any other person living in your residence; and                                                           
11                      (17) other relief the court determines to be necessary for                                     
12            your safety.                                                                                                 
13                 The forms you need to obtain a protective order are available                                           
14            from the nearest court. It is not necessary to have an attorney to obtain                                    
15            a protective order, but you may consult an attorney if you choose. If                                        
16            you would like help obtaining a protective order, you may contact the                                        
17            nearest domestic violence program located at ________. The program                                           
18            can also tell you about other resources available in this community for                                      
19            information about domestic violence, treatment of injuries, and places                                       
20            of safety and shelter.                                                                                       
21                 You may also qualify for compensation from the Violent                                                  
22            Crimes Compensation Board. The board may be contacted at                                                     
23            ____________________.                                                                                        
24    * Sec. 9. AS 18.65.590 is amended to read:                                                                         
25            Sec. 18.65.590. Definitions [DEFINITION]. In AS 18.65.510 - 18.65.590,                                   
26                 (1) "animal" means a vertebrate living creature not a human                                         
27       being, but does not include fish;                                                                             
28                 (2) "domestic violence" has the meaning given in AS 18.66.990.                                      
29    * Sec. 10. AS 18.66.100(b) is amended to read:                                                                     
30            (b) When a petition for a protective order is filed, the court shall schedule a                              
31       hearing and provide at least 10 days' notice to the respondent of the hearing and of the                          
01       respondent's right to appear and be heard, either in person or by an attorney. If the                             
02       court finds by a preponderance of evidence that the respondent has committed a crime                              
03       involving domestic violence against the petitioner, regardless of whether the                                     
04       respondent appears at the hearing, the court may order any relief available under (c) of                          
05       this section. The provisions of a protective order issued under                                                   
06                 (1) (c)(1) of this section are effective until further order of the court;                              
07                 (2) (c)(2) - (18) [(c)(2) - (16)] of this section are effective for one year                        
08       unless earlier dissolved by court order.                                                                          
09    * Sec. 11. AS 18.66.100(c) is amended to read:                                                                     
10            (c) A protective order under this section may                                                                
11                 (1) prohibit the respondent from threatening to commit or committing                                    
12       domestic violence, stalking, or harassment;                                                                       
13                 (2) prohibit the respondent from telephoning, contacting, or otherwise                                  
14       communicating directly or indirectly with the petitioner;                                                         
15                 (3) remove and exclude the respondent from the residence of the                                         
16       petitioner, regardless of ownership of the residence;                                                             
17                 (4) direct the respondent to stay away from the residence, school, or                                   
18       place of employment of the petitioner or any specified place frequented by the                                    
19       petitioner or any designated household member;                                                                    
20                 (5) prohibit the respondent from entering a propelled vehicle in the                                    
21       possession of or occupied by the petitioner;                                                                      
22                 (6) prohibit the respondent from using or possessing a deadly weapon if                                 
23       the court finds the respondent was in the actual possession of or used a weapon during                            
24       the commission of domestic violence;                                                                              
25                 (7) direct the respondent to surrender any firearm owned or possessed                                   
26       by the respondent if the court finds that the respondent was in the actual possession of                          
27       or used a firearm during the commission of the domestic violence;                                                 
28                 (8) request a peace officer to accompany the petitioner to the                                          
29       petitioner's residence to ensure that the petitioner                                                              
30                      (A) safely obtains possession of the petitioner's residence,                                       
31            vehicle, or personal items; and                                                                              
01                      (B) is able to safely remove a vehicle or personal items from the                                  
02            petitioner's residence;                                                                                      
03                 (9) award temporary custody of a minor child to the petitioner and may                                  
04       arrange for visitation with a minor child if the safety of the child and the petitioner can                       
05       be protected; if visitation is allowed, the court may order visitation under the                                  
06       conditions provided in AS 25.20.061;                                                                              
07                 (10) give the petitioner possession and use of a vehicle and other                                      
08       essential personal items, regardless of ownership of the items;                                                   
09                 (11) prohibit the respondent from consuming controlled substances;                                      
10                 (12) require the respondent to pay support for the petitioner or a minor                                
11       child in the care of the petitioner if there is an independent legal obligation of the                            
12       respondent to support the petitioner or child;                                                                    
13                 (13) require the respondent to reimburse the petitioner or other person                                 
14       for expenses associated with the domestic violence, including medical expenses,                                   
15       counseling, shelter, and repair or replacement of damaged property;                                               
16                 (14) require the respondent to pay costs and fees incurred by the                                       
17       petitioner in bringing the action under this chapter;                                                             
18                 (15) order the respondent, at the respondent's expense, to participate in                               
19       (A) a program for the rehabilitation of perpetrators of domestic violence that meets the                          
20       standards set by, and that is approved by, the Department of Corrections under                                    
21       AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, or                           
22       both; a protective order under this section may not require a respondent to participate                           
23       in a program for the rehabilitation of perpetrators of domestic violence unless the                               
24       program meets the standards set by, and that is approved by, the Department of                                    
25       Corrections under AS 44.28.020(b);                                                                                
26                 (16) order other relief the court determines necessary to protect the                                   
27       petitioner or any household member;                                                                           
28                 (17) prohibit the respondent from removing, harming, or disposing                                   
29       of an animal owned or possessed by the petitioner, respondent, or any other                                   
30       person living in the residence;                                                                               
31                 (18) grant the petitioner the exclusive care, custody, and control of                               
01       an animal owned or possessed by the petitioner, respondent, or any other person                               
02       living in the residence.                                                                                      
03    * Sec. 12. AS 18.66.110(a) is amended to read:                                                                     
04            (a) A person who is a victim of a crime involving domestic violence may file a                               
05       petition under AS 18.66.100(a) and request an ex parte protective order. If the court                             
06       finds that the petition establishes probable cause that a crime involving domestic                                
07       violence has occurred, it is necessary to protect the petitioner from domestic violence,                          
08       and if the petitioner has certified to the court in writing the efforts, if any, that have                        
09       been made to provide notice to the respondent, the court shall ex parte and without                               
10       notice to the respondent issue a protective order. An ex parte protective order may                               
11       grant the protection provided by AS 18.66.100(c)(1) - (5), (8) - (12), and (16) - (18)                        
12       [(16)]. An ex parte protective order expires 20 days after it is issued unless dissolved                          
13       earlier by the court at the request of either the petitioner or the respondent and after                          
14       notice and, if requested, a hearing. If a court issues an ex parte protective order, the                          
15       court shall have the order delivered to the appropriate local law enforcement agency                              
16       for expedited service and for entry into the central registry of protective orders under                          
17       AS 18.65.540.                                                                                                     
18    * Sec. 13. AS 18.66.110(b) is amended to read:                                                                     
19            (b) A peace officer, on behalf of and with the consent of a victim of a crime                                
20       involving domestic violence, may request an emergency protective order from a                                     
21       judicial officer. The request may be made orally or in writing based on [UPON] the                            
22       sworn statement of a peace officer, and in person or by telephone. If the court finds                             
23       probable cause to believe that the victim is in immediate danger of domestic violence                             
24       based on an allegation of the recent commission of a crime involving domestic                                     
25       violence, the court ex parte shall issue an emergency protective order. In an                                     
26       emergency protective order, the court may grant the protection provided by                                        
27       AS 18.66.100(c)(1) - (5), (8), (10), (11), and (16) - (18) [(16)]. An emergency                               
28       protective order expires 72 hours after it is issued unless dissolved earlier by the court                        
29       at the request of the petitioner.                                                                                 
30    * Sec. 14. AS 18.66.130(a) is amended to read:                                                                     
31            (a) If a respondent in a protective order issued under AS 18.66.100 - 18.66.180                              
01       is prohibited from communicating with the petitioner, excluded from the residence of                              
02       the petitioner, [OR] ordered to stay away from the petitioner as provided in                                      
03       AS 18.66.100(c)(2) - (5), or prohibited from removing, harming, or disposing of                               
04       an animal as provided in AS 18.66.100(c)(17), an invitation by the petitioner to                              
05       communicate, enter the residence or vehicle, or have other prohibited contact with the                            
06       petitioner or the animal does not waive or nullify any provision in a protective order.                       
07    * Sec. 15. AS 18.66.990 is amended by adding a new paragraph to read:                                              
08                 (11) "animal" means a vertebrate living creature not a human being, but                                 
09       does not include fish.                                                                                            
10    * Sec. 16. AS 22.15.030(a) is amended to read:                                                                     
11            (a) The district court has jurisdiction of civil cases, including foreign                                    
12       judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170                                 
13       or 09.43.530 to the extent permitted by AS 09.43.010 and 09.43.300, as follows:                                   
14                 (1) for the recovery of money or damages when the amount claimed                                        
15       exclusive of costs, interest, and attorney fees does not exceed $100,000 for each                                 
16       defendant;                                                                                                        
17                 (2) for the recovery of specific personal property, when the value of the                               
18       property claimed and the damages for the detention do not exceed $100,000;                                        
19                 (3) for the recovery of a penalty or forfeiture, whether given by statute                               
20       or arising out of contract, not exceeding $100,000;                                                               
21                 (4) to give judgment without action upon the confession of the                                          
22       defendant for any of the cases specified in this section, except for a penalty or                                 
23       forfeiture imposed by statute;                                                                                    
24                 (5) for establishing the fact of death or cause and manner of death of                                  
25       any person in the manner prescribed in AS 09.55.020 - 09.55.069;                                                  
26                 (6) for the recovery of the possession of premises in the manner                                        
27       provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to                               
28       the property does not exceed $100,000;                                                                            
29                 (7) for the foreclosure of a lien when the amount in controversy does                                   
30       not exceed $100,000;                                                                                              
31                 (8) for the recovery of money or damages in motor vehicle tort cases                                    
01       when the amount claimed exclusive of costs, interest, and attorney fees does not                                  
02       exceed $100,000 for each defendant;                                                                               
03                 (9) over civil actions for taking utility service and for damages to or                                 
04       interference with a utility line filed under AS 42.20.030;                                                        
05                 (10) over cases involving protective orders for domestic violence under                                 
06       AS 18.66.100 - 18.66.180;                                                                                     
07                 (11) over cases involving cruelty to or seizure, destruction, or                                    
08       adoption of animals under AS 03.55.100 - 03.55.190.                                                         
09    * Sec. 17. AS 25.24.160(a) is amended to read:                                                                     
10            (a) In a judgment in an action for divorce or action declaring a marriage void                               
11       or at any time after judgment, the court may provide                                                              
12                 (1) for the payment by either or both parties of an amount of money or                                  
13       goods, in gross or installments that may include cost-of-living adjustments, as may be                            
14       just and proper for the parties to contribute toward the nurture and education of their                           
15       children, and the court may order the parties to arrange with their employers for an                              
16       automatic payroll deduction each month or each pay period, if the period is other than                            
17       monthly, of the amount of the installment; if the employer agrees, the installment shall                          
18       be forwarded by the employer to the clerk of the superior court that entered the                                  
19       judgment or to the court trustee, and the amount of the installment is exempt from                                
20       execution;                                                                                                        
21                 (2) for the recovery by one party from the other of an amount of money                                  
22       for maintenance, for a limited or indefinite period of time, in gross or in installments,                         
23       as may be just and necessary without regard to which of the parties is in fault; an                               
24       award of maintenance must fairly allocate the economic effect of divorce by being                                 
25       based on a consideration of the following factors:                                                                
26                      (A) the length of the marriage and station in life of the parties                                  
27            during the marriage;                                                                                         
28                      (B) the age and health of the parties;                                                             
29                      (C) the earning capacity of the parties, including their                                           
30            educational backgrounds, training, employment skills, work experiences,                                      
31            length of absence from the job market, and custodial responsibilities for                                    
01            children during the marriage;                                                                                
02                      (D) the financial condition of the parties, including the                                          
03            availability and cost of health insurance;                                                                   
04                      (E) the conduct of the parties, including whether there has been                                   
05            unreasonable depletion of marital assets;                                                                    
06                      (F) the division of property under (4) of this subsection; and                                     
07                      (G) other factors the court determines to be relevant in each                                      
08            individual case;                                                                                             
09                 (3) for the delivery to either party of that party's personal property in                               
10       the possession or control of the other party at the time of giving the judgment;                                  
11                 (4) for the division between the parties of their property, including                                   
12       retirement benefits, whether joint or separate, acquired only during marriage, in a just                          
13       manner and without regard to which of the parties is in fault; however, the court, in                             
14       making the division, may invade the property, including retirement benefits, of either                            
15       spouse acquired before marriage when the balancing of the equities between the                                    
16       parties requires it; and to accomplish this end the judgment may require that one or                              
17       both of the parties assign, deliver, or convey any of their real or personal property,                            
18       including retirement benefits, to the other party; the division of property must fairly                           
19       allocate the economic effect of divorce by being based on consideration of the                                    
20       following factors:                                                                                                
21                      (A) the length of the marriage and station in life of the parties                                  
22            during the marriage;                                                                                         
23                      (B) the age and health of the parties;                                                             
24                      (C) the earning capacity of the parties, including their                                           
25            educational backgrounds, training, employment skills, work experiences,                                      
26            length of absence from the job market, and custodial responsibilities for                                    
27            children during the marriage;                                                                                
28                      (D) the financial condition of the parties, including the                                          
29            availability and cost of health insurance;                                                                   
30                      (E) the conduct of the parties, including whether there has been                                   
31            unreasonable depletion of marital assets;                                                                    
01                      (F) the desirability of awarding the family home, or the right to                                  
02            live in it for a reasonable period of time, to the party who has primary physical                            
03            custody of children;                                                                                         
04                      (G) the circumstances and necessities of each party;                                               
05                      (H) the time and manner of acquisition of the property in                                          
06            question; and                                                                                                
07                      (I) the income-producing capacity of the property and the value                                    
08            of the property at the time of division;                                                                 
09                 (5) if an animal is owned, for the ownership or joint ownership of                                  
10       the animal, considering the well-being of the animal.                                                         
11    * Sec. 18. AS 25.24.200(a) is amended to read:                                                                     
12            (a) A husband and wife together may petition the superior court for the                                      
13       dissolution of their marriage under AS 25.24.200 - 25.24.260 if the following                                     
14       conditions exist at the time of filing the petition:                                                              
15                 (1) incompatibility of temperament has caused the irremediable                                          
16       breakdown of the marriage;                                                                                        
17                 (2) if there are unmarried children of the marriage under the age of 19                                 
18       or the wife is pregnant, and the spouses have agreed on which spouse or third party is                            
19       to be awarded custody of each minor child of the marriage and the extent of visitation,                           
20       including visitation by grandparents and other persons if in the child's best interests,                          
21       and support to be provided on the children's behalf, whether the payments are to be                               
22       made through the child support services agency, and the tax consequences of that                                  
23       agreement;                                                                                                        
24                 (3) the spouses have agreed as to the distribution of all real and                                      
25       personal property that is jointly owned or community property under AS 34.77,                                     
26       including retirement benefits and the payment of spousal maintenance, if any, and the                             
27       tax consequences resulting from these payments; the agreement must be fair and just                               
28       and take into consideration the factors listed in AS 25.24.160(a)(2) and (4) so that the                          
29       economic effect of dissolution is fairly allocated; [AND]                                                         
30                 (4) the spouses have agreed as to the payment of all unpaid obligations                                 
31       incurred by either or both of them and as to payment of obligations incurred jointly in                           
01       the future; and                                                                                               
02                 (5)  if an animal is owned, the spouses have agreed to the ownership                                
03       or joint ownership of the animal, taking into consideration the well-being of the                             
04       animal.                                                                                                       
05    * Sec. 19. AS 25.24.200(b) is amended to read:                                                                     
06            (b) A husband or wife may separately petition for dissolution of their marriage                              
07       under AS 25.24.200 - 25.24.260 if the following conditions exist at the time of filing                            
08       the petition:                                                                                                     
09                 (1) incompatibility of temperament, as evidenced by extended absence                                    
10       or otherwise, has caused the irremediable breakdown of the marriage;                                              
11                 (2) the petitioning spouse has been unable to ascertain the other                                       
12       spouse's position in regard to the dissolution of their marriage and in regard to the fair                        
13       and just division of property, including retirement benefits, spousal maintenance,                                
14       payment of debts, animals, and custody, support, and visitation because the                               
15       whereabouts of the other spouse is unknown to the petitioning spouse after reasonable                             
16       efforts have been made to locate the absent spouse; and                                                           
17                 (3) the other spouse cannot be personally served with process inside or                                 
18       outside the state.                                                                                                
19    * Sec. 20. AS 25.24.200(c) is amended to read:                                                                     
20            (c) Except as provided in AS 25.24.220(i), a spouse who has been personally                                  
21       served with a copy of a petition filed under (a) of this section may execute an                                   
22       appearance, waiver of time to answer, and waiver of notice of hearing. The appearance                             
23       and waivers must include an acknowledgment signed before an officer authorized to                                 
24       administer an oath or affirmation that the spouse being served has read the petition;                             
25       assents to the terms relating to custody of the children, child support, visitation,                              
26       spousal maintenance taking into consideration the factors listed in AS 25.24.160(a)(2),                           
27       and tax consequences, division of property, including retirement benefits and taking                              
28       into consideration the factors listed in AS 25.24.160(a)(4), ownership of animals                             
29       taking into consideration the well-being of the animals, and allocation of debts;                             
30       agrees that the conditions otherwise required by (a) of this section exist; agrees that                           
31       the petition constitutes the entire agreement between the parties; understands fully the                          
01       nature and consequences of the action; and is not signing the appearance and waivers                              
02       under duress or coercion.                                                                                         
03    * Sec. 21. AS 25.24 is amended by adding a new section to read:                                                    
04            Sec. 25.24.990. Definition. In this chapter, "animal" means a vertebrate living                            
05       creature not a human being, but does not include fish.