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CSHB 147(JUD): "An Act relating to cruelty to animals; relating to the seizure of animals; relating to the destruction of animals; relating to the costs of care of animals that have been seized; relating to the inclusion of animals in protective orders and crimes and arrests for violating those protective orders; and relating to the ownership of animals upon divorce or dissolution of marriage."

00                       CS FOR HOUSE BILL NO. 147(JUD)                                                                    
01 "An Act relating to cruelty to animals; relating to the seizure of animals; relating to the                             
02 destruction of animals; relating to the costs of care of animals that have been seized;                                 
03 relating to the inclusion of animals in protective orders and crimes and arrests for                                    
04 violating those protective orders; and relating to the ownership of animals upon divorce                                
05 or dissolution of marriage."                                                                                            
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 03.55.110(b) is amended to read:                                                                   
08            (b)  A peace officer who receives a complaint of animal cruelty may apply for                                
09       a search warrant under AS 12.35 to the judicial officer in the judicial district in which                         
10       the alleged violation has taken place or is taking place. If the court finds that probable                        
11       cause exists, the court shall issue a search warrant directing a peace officer to proceed                         
12       immediately to the location of the alleged violation, search the place designated in the                          
13       warrant, and, if warranted, seize [TAKE] property, including animals, specified in the                        
01       warrant. The warrant shall be executed by the peace officer and returned to the court.                            
02    * Sec. 2. AS 03.55.110(c) is amended to read:                                                                      
03            (c)  Before a peace officer may seize [TAKE] an animal and place it into                                 
04       protective custody, the peace officer shall request an immediate inspection and                                   
05       decision by a veterinarian licensed under AS 08.98 that placement into protective                                 
06       custody is in the immediate best interest of the animal. If a veterinarian is not available                       
07       and willing to perform an inspection, before a peace officer may seize [TAKE] an                          
08       animal, the peace officer shall communicate with a veterinarian who has, after hearing                            
09       a description of the condition of the animal and its environment, decided it is in the                            
10       immediate best interest of the animal that it be placed into protective custody. If the                           
11       peace officer is not able to communicate with a veterinarian, before the officer may                              
12       take an animal, the officer shall decide it is in the immediate best interest of the animal                       
13       that it be placed into protective custody [. FOR PURPOSES OF THIS SECTION,                                        
14       "PEACE OFFICER" MEANS                                                                                             
15                 (1)  AN OFFICER OF THE STATE TROOPERS;                                                                  
16                 (2)  A MEMBER OF THE POLICE FORCE OF A MUNICIPALITY;                                                    
17                 (3)  A VILLAGE PUBLIC SAFETY OFFICER; OR                                                                
18                 (4)  A REGIONAL PUBLIC SAFETY OFFICER].                                                                 
19    * Sec. 3. AS 03.55.120 is amended to read:                                                                         
20            Sec. 03.55.120. Seizure of animals. (a) A peace officer shall place an animal                              
21       in protective custody before seizing [REMOVING] the animal from the location                                  
22       where it was found. If the animal is seized [REMOVED], the peace officer shall place                          
23       the animal with a veterinarian licensed under AS 08.98 or, if a veterinarian is not                               
24       readily available and willing to accept the animal, then [,] with a responsible public                        
25       or private custodian to be sheltered, cared for, and provided necessary medical                                   
26       attention.                                                                                                        
27            (b)  A peace officer who has seized [REMOVED] an animal shall immediately                                
28       notify the animal's owner in writing of the seizure [REMOVAL] and of the owner's                              
29       right to petition the court under AS 03.55.130 for return of the animal. Notification                             
30       may be delivered in person, posted at the owner's residence, or mailed to the owner.                              
31            (c)  If a seized [REMOVED] animal's owner is unknown and cannot be                                       
01       ascertained with reasonable effort,                                                                               
02                 (1)  the animal shall be considered a stray or abandoned; and                                   
03                 (2)  the notice required in (b) of this section shall be conspicuously                              
04       posted at the premises from which the animal was seized.                                                      
05            (d)  The state, a municipality, or a person [,] that supplies shelter, care,                                 
06       veterinary attention, or medical treatment for an animal seized under this section shall                          
07       make a reasonable effort to locate the owner.                                                                     
08    * Sec. 4. AS 03.55.120 is amended by adding a new subsection to read:                                            
09            (e)  The owner of an animal seized under (a) of this section may not recover                                 
10       damages for injury or death to the animal occurring while the animal is in the custody                            
11       of the state, a municipality, or a person under this section, unless the owner shows that                         
12       the injury or death was caused by gross negligence or reckless or intentional                                     
13       misconduct.                                                                                                       
14    * Sec. 5. AS 03.55.130(a) is amended to read:                                                                      
15            (a)  If a determination is made by a veterinarian licensed under AS 08.98, by a                              
16       peace officer in consultation with a veterinarian licensed under AS 08.98, or by a                                
17       peace officer who is unable to locate or communicate with a veterinarian licensed                                 
18       under AS 08.98 that an animal seized [REMOVED] under AS 03.55.100 - 03.55.190                                 
19       is injured or diseased to such an extent that, in the opinion of the veterinarian, it is                          
20       probable the animal cannot recover, the veterinarian or the peace officer may                                     
21       humanely destroy the animal or arrange for the animal's humane destruction.                                       
22    * Sec. 6. AS 03.55.130(b) is amended to read:                                                                      
23            (b)  Upon diagnosis and recommendation of a veterinarian licensed under                                      
24       AS 08.98, a public or private custodian may humanely destroy or arrange for the                                   
25       humane destruction of a severely injured, diseased, or suffering animal that has been                             
26       seized [REMOVED] under AS 03.55.100 - 03.55.190.                                                              
27    * Sec. 7. AS 03.55.130(d) is amended to read:                                                                      
28            (d)  Except as provided in (a) or (b) of this section, the custodian of an animal                            
29       may not adopt, provide for the adoption of, or euthanize the animal within 10 business                            
30       days after the animal is taken into custody. An owner or custodian may prevent the                            
31       animal's adoption or destruction by                                                                               
01                 [(1)]  petitioning the court of the judicial district in which the animal                               
02       was seized [REMOVED] for the animal's [IMMEDIATE] return, subject [, IF                                       
03       APPROPRIATE,] to court-imposed conditions [; OR                                                                   
04                 (2)  POSTING A BOND OR SECURITY WITH THE COURT OF                                                     
05       THE JUDICIAL DISTRICT IN WHICH THE ANIMAL WAS SEIZED IN AN                                                        
06       AMOUNT DETERMINED BY THE COURT TO BE SUFFICIENT TO PROVIDE                                                        
07       FOR THE ANIMAL'S CARE FOR A MINIMUM OF 30 DAYS FROM THE DATE                                                      
08       THE ANIMAL WAS REMOVED].                                                                                          
09    * Sec. 8. AS 03.55.130(e) is repealed and reenacted to read:                                                       
10            (e)  The court may, on its own accord or upon a filing by the custodian, the                                 
11       owner of the animal, or the entity that seized the animal, enter an order for the cost of                         
12       care of the animal pending final disposition of the custody of the animal. An order                               
13       under this section may include a requirement that the owner of the animal post a bond                             
14       or other security to guarantee that the cost of care of the animal is received and                                
15       maintained. If, without justifiable cause, the owner of the animal fails to comply with                           
16       an order under this section, the court may order that the animal be forfeited.                                    
17    * Sec. 9. AS 03.55.130(f) is amended to read:                                                                      
18            (f)  The state may not be required to reimburse a public or private agency,                                  
19       organization, or person that voluntarily assists with the seizure [A REMOVAL] of an                           
20       animal or receives custody of an animal seized [REMOVED] under this section for                               
21       the cost of care of [COSTS OF SHELTER, CARE, VETERINARY ASSISTANCE,                                           
22       OR MEDICAL TREATMENT RENDERED TO] the animal.                                                                     
23    * Sec. 10. AS 03.55.130 is amended by adding a new subsection to read:                                             
24            (g)  Nothing in (d) or (e) of this section shall shift the burden of proof from the                          
25       party who would otherwise have that burden.                                                                       
26    * Sec. 11. AS 03.55.190 is amended by adding new paragraphs to read:                                               
27                 (4)  "cost of care" means the cost of shelter, care, veterinary assistance,                             
28       and medical treatment rendered to the animal;                                                                     
29                 (5)  "cruelty to animals" includes acts constituting cruelty to animals                                 
30       under AS 11.61.140(a), acts promoting an exhibition of fighting animals under                                     
31       AS 11.61.145(a)(1) or (2), and other serious acts of animal cruelty warranting                                    
01       protective actions under AS 03.55.100 - 03.55.190, whether or not they are                                        
02       specifically listed in AS 11.61.140 or 11.61.145;                                                                 
03                 (6)  "peace officer" means                                                                              
04                      (A)  an officer of the state troopers;                                                             
05                      (B)  a member of the police force of a municipality;                                               
06                      (C)  a village public safety officer; or                                                           
07                      (D)  a regional public safety officer.                                                             
08    * Sec. 12. AS 11.61.140(a) is amended to read:                                                                     
09            (a)  A person commits cruelty to animals if the person                                                       
10                 (1)  knowingly inflicts severe or [AND] prolonged physical pain or                                  
11       suffering on an animal;                                                                                           
12                 (2)  has a legal duty to care for the animal and, with criminal                                     
13       negligence, fails to care for an animal and, as a result, causes the death of the animal                          
14       or causes severe physical pain or prolonged suffering to the animal;                                              
15                 (3)  kills or injures an animal by the use of a decompression chamber;                                  
16                 (4)  intentionally kills or injures a pet or livestock by the use of poison;                            
17                 (5)  knowingly kills or injures an animal, other than as provided in (1)                                
18       or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another                          
19       person;                                                                                                           
20                 (6)  knowingly                                                                                          
21                      (A)  engages in sexual conduct with an animal; or                                                  
22                      (B)  under circumstances not proscribed under AS 11.41.455,                                        
23                           (i)  photographs or films, for purposes of sexual                                             
24                 gratification, a person engaged in sexual conduct with an animal; or                                    
25                           (ii)  causes, induces, aids, or encourages another person                                     
26                 to engage in sexual conduct with an animal; or                                                          
27                 (7)  intentionally permits sexual conduct with an animal to be                                          
28       conducted on any premises under the person's control.                                                             
29    * Sec. 13. AS 18.65.520(a) is amended to read:                                                                     
30            (a)  A peace officer investigating a crime involving domestic violence shall                                 
31       orally and in writing inform the victim of the rights of victims of domestic violence                             
01       and the services available to them. The notice must be in substantially the following                             
02       form:                                                                                                             
03                 If you are the victim of domestic violence and you believe that                                         
04            law enforcement protection is needed for your physical safety, you                                           
05            have the right to request that the officer assist in providing for your                                      
06            safety, including asking for an emergency protective order.                                                  
07                 You may also request the officer to assist you in obtaining your                                        
08            essential personal belongings and locating and taking you to a safe                                          
09            place, including a designated meeting place or shelter, the residence of                                     
10            a household member or friend, or a similar place of safety. In some                                          
11            places in Alaska there are organizations that provide aid and shelter to                                     
12            victims of domestic violence. The nearest organization is located at                                         
13            ______________________________.                                                                              
14                 If you are in need of medical treatment, you may request that                                           
15            the officer assist you in obtaining medical treatment.                                                       
16                 You may obtain information about whether the prosecuting                                                
17            attorney will file a criminal complaint about the domestic violence.                                         
18            Additionally, the victim/witness assistance program of the Department                                        
19            of Law may be able to help you. This information is available from the                                       
20            district attorney's office, which is located at __________________.                                          
21                 You also have the right to file a petition in court requesting a                                        
22            protective order that may include any of the following provisions:                                           
23                      (1)  prohibit your abuser from threatening to commit or                                            
24            committing further acts of domestic violence;                                                                
25                      (2)  prohibit your abuser from stalking, harassing,                                                
26            telephoning, contacting, or otherwise communicating with you, directly                                       
27            or indirectly;                                                                                               
28                      (3)  remove your abuser from your residence;                                                       
29                      (4)  order your abuser to stay away from your residence,                                           
30            school, place of employment, or any other specified place frequented                                         
31            by you or another designated household member;                                                               
01                      (5)  prohibit your abuser from entering your vehicle or a                                          
02            vehicle you occupy;                                                                                          
03                      (6)  prohibit your abuser from using or possessing a                                               
04            deadly weapon if the court finds your abuser was in the actual                                               
05            possession of or used a weapon during the commission of your abuse;                                          
06                      (7)  direct your abuser to surrender any firearm owned                                             
07            or possessed by that person if the court finds your abuser was in the                                        
08            actual possession of or used a firearm during the commission of your                                         
09            abuse;                                                                                                       
10                      (8)  request a peace officer to accompany you to your                                              
11            residence to ensure your safe possession of the residence, vehicle, or                                       
12            other items, or to ensure your safe removal of personal items from the                                       
13            residence;                                                                                                   
14                      (9)  award temporary custody of a minor child to the                                               
15            petitioner and may arrange for visitation with a minor child if the safety                                   
16            of the child and the petitioner can be protected;                                                            
17                      (10)  grant you possession and use of a vehicle and other                                          
18            essential personal items, including a pet, regardless of the ownership                                   
19            of those items [EFFECTS];                                                                                
20                      (11)  prohibit your abuser from consuming controlled                                               
21            substances;                                                                                                  
22                      (12)  require your abuser to pay support for you, [OR] a                                       
23            minor child in your care, or a pet in your care if there is an                                           
24            independent legal obligation of your abuser to support you, [OR] the                                     
25            child, or the pet;                                                                                       
26                      (13)  require your abuser to reimburse you for your                                                
27            expenses caused by domestic violence, including medical bills, or for                                        
28            your costs in getting a protective order;                                                                    
29                      (14)  order your abuser to participate in an intervention                                          
30            program for batterers; and                                                                                   
31                      (15)  other relief the court determines to be necessary for                                        
01            your safety.                                                                                                 
02                 The forms you need to obtain a protective order are available                                           
03            from the nearest court. It is not necessary to have an attorney to obtain                                    
04            a protective order, but you may consult an attorney if you choose. If                                        
05            you would like help obtaining a protective order, you may contact the                                        
06            nearest domestic violence program located at ________. The program                                           
07            can also tell you about other resources available in this community for                                      
08            information about domestic violence, treatment of injuries, and places                                       
09            of safety and shelter.                                                                                       
10                 You may also qualify for compensation from the Violent                                                  
11            Crimes Compensation Board. The board may be contacted at                                                     
12            ____________________.                                                                                        
13    * Sec. 14. AS 18.65.590 is amended to read:                                                                        
14            Sec. 18.65.590. Definitions [DEFINITION]. In AS 18.65.510 - 18.65.590,                                   
15                 (1)  "domestic violence" has the meaning given in AS 18.66.990;                                 
16                 (2)  "pet" means a vertebrate living creature maintained for                                        
17       companionship or pleasure, but does not include dogs primarily owned for                                      
18       participation in a generally accepted mushing or pulling contest or practice or                               
19       animals primarily owned for participation in rodeos or stock contests.                                        
20    * Sec. 15. AS 18.66.100(c) is amended to read:                                                                     
21            (c)  A protective order under this section may                                                               
22                 (1)  prohibit the respondent from threatening to commit or committing                                   
23       domestic violence, stalking, or harassment;                                                                       
24                 (2)  prohibit the respondent from telephoning, contacting, or otherwise                                 
25       communicating directly or indirectly with the petitioner;                                                         
26                 (3)  remove and exclude the respondent from the residence of the                                        
27       petitioner, regardless of ownership of the residence;                                                             
28                 (4)  direct the respondent to stay away from the residence, school, or                                  
29       place of employment of the petitioner or any specified place frequented by the                                    
30       petitioner or any designated household member;                                                                    
31                 (5)  prohibit the respondent from entering a propelled vehicle in the                                   
01       possession of or occupied by the petitioner;                                                                      
02                 (6)  prohibit the respondent from using or possessing a deadly weapon                                   
03       if the court finds the respondent was in the actual possession of or used a weapon                                
04       during the commission of domestic violence;                                                                       
05                 (7)  direct the respondent to surrender any firearm owned or possessed                                  
06       by the respondent if the court finds that the respondent was in the actual possession of                          
07       or used a firearm during the commission of the domestic violence;                                                 
08                 (8)  request a peace officer to accompany the petitioner to the                                         
09       petitioner's residence to ensure that the petitioner                                                              
10                      (A)  safely obtains possession of the petitioner's residence,                                      
11            vehicle, or personal items; and                                                                              
12                      (B)  is able to safely remove a vehicle or personal items from                                     
13            the petitioner's residence;                                                                                  
14                 (9)  award temporary custody of a minor child to the petitioner and may                                 
15       arrange for visitation with a minor child if the safety of the child and the petitioner can                       
16       be protected; if visitation is allowed, the court may order visitation under the                                  
17       conditions provided in AS 25.20.061;                                                                              
18                 (10)  give the petitioner possession and use of a vehicle and other                                     
19       essential personal items, including a pet, regardless of ownership of the items;                              
20                 (11)  prohibit the respondent from consuming controlled substances;                                     
21                 (12)  require the respondent to pay support for the petitioner, [OR] a                              
22       minor child in the care of the petitioner, or a pet in the care of the petitioner if there                    
23       is an independent legal obligation of the respondent to support the petitioner, [OR]                          
24       child, or pet;                                                                                                
25                 (13)  require the respondent to reimburse the petitioner or other person                                
26       for expenses associated with the domestic violence, including medical expenses,                                   
27       counseling, shelter, and repair or replacement of damaged property;                                               
28                 (14)  require the respondent to pay costs and fees incurred by the                                      
29       petitioner in bringing the action under this chapter;                                                             
30                 (15)  order the respondent, at the respondent's expense, to participate in                              
31       (A) a program for the rehabilitation of perpetrators of domestic violence that meets the                          
01       standards set by, and that is approved by, the Department of Corrections under                                    
02       AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, or                           
03       both; a protective order under this section may not require a respondent to participate                           
04       in a program for the rehabilitation of perpetrators of domestic violence unless the                               
05       program meets the standards set by, and that is approved by, the Department of                                    
06       Corrections under AS 44.28.020(b);                                                                                
07                 (16)  order other relief the court determines necessary to protect the                                  
08       petitioner or any household member.                                                                               
09    * Sec. 16. AS 18.66.990(3) is amended to read:                                                                     
10                 (3)  "domestic violence" and "crime involving domestic violence" mean                                   
11       one or more of the following offenses or an offense under a law or ordinance of                                   
12       another jurisdiction having elements similar to these offenses, or an attempt to commit                           
13       the offense, by a household member against another household member:                                              
14                      (A)  a crime against the person under AS 11.41;                                                    
15                      (B)  burglary under AS 11.46.300 - 11.46.310;                                                      
16                      (C)  criminal trespass under AS 11.46.320 - 11.46.330;                                             
17                      (D)  arson or criminally negligent burning under AS 11.46.400 -                                    
18            11.46.430;                                                                                                   
19                      (E)  criminal mischief under AS 11.46.475 - 11.46.486;                                             
20                      (F)  terrorist threatening under AS 11.56.807 or 11.56.810;                                        
21                      (G)  violating a protective order under AS 11.56.740(a)(1);                                        
22            [OR]                                                                                                         
23                      (H)  harassment under AS 11.61.120(a)(2) - (4); or                                             
24                      (I)  cruelty to animals under AS 11.61.140(a)(5) if the animal                                 
25            is a pet;                                                                                                
26    * Sec. 17. AS 18.66.990 is amended by adding a new paragraph to read:                                              
27                 (11)  "pet" means a vertebrate living creature maintained for                                           
28       companionship or pleasure, but does not include dogs primarily owned for                                          
29       participation in a generally accepted mushing or pulling contest or practice or animals                           
30       primarily owned for participation in rodeos or stock contests.                                                    
31    * Sec. 18. AS 22.15.030(a) is amended to read:                                                                     
01            (a)  The district court has jurisdiction of civil cases, including foreign                                   
02       judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170                                 
03       or 09.43.530 to the extent permitted by AS 09.43.010 and 09.43.300, as follows:                                   
04                 (1)  for the recovery of money or damages when the amount claimed                                       
05       exclusive of costs, interest, and attorney fees does not exceed $100,000 for each                                 
06       defendant;                                                                                                        
07                 (2)  for the recovery of specific personal property, when the value of                                  
08       the property claimed and the damages for the detention do not exceed $100,000;                                    
09                 (3)  for the recovery of a penalty or forfeiture, whether given by statute                              
10       or arising out of contract, not exceeding $100,000;                                                               
11                 (4)  to give judgment without action upon the confession of the                                         
12       defendant for any of the cases specified in this section, except for a penalty or                                 
13       forfeiture imposed by statute;                                                                                    
14                 (5)  for establishing the fact of death or cause and manner of death of                                 
15       any person in the manner prescribed in AS 09.55.020 - 09.55.069;                                                  
16                 (6)  for the recovery of the possession of premises in the manner                                       
17       provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to                               
18       the property does not exceed $100,000;                                                                            
19                 (7)  for the foreclosure of a lien when the amount in controversy does                                  
20       not exceed $100,000;                                                                                              
21                 (8)  for the recovery of money or damages in motor vehicle tort cases                                   
22       when the amount claimed exclusive of costs, interest, and attorney fees does not                                  
23       exceed $100,000 for each defendant;                                                                               
24                 (9)  over civil actions for taking utility service and for damages to or                                
25       interference with a utility line filed under AS 42.20.030;                                                        
26                 (10)  over cases involving protective orders for domestic violence                                      
27       under AS 18.66.100 - 18.66.180;                                                                               
28                 (11)  over cases involving cruelty to or seizure, destruction,                                      
29       adoption, or cost of care of animals under AS 03.55.100 - 03.55.190.                                        
30    * Sec. 19. AS 25.24.160(a) is amended to read:                                                                     
31            (a)  In a judgment in an action for divorce or action declaring a marriage void                              
01       or at any time after judgment, the court may provide                                                              
02                 (1)  for the payment by either or both parties of an amount of money or                                 
03       goods, in gross or installments that may include cost-of-living adjustments, as may be                            
04       just and proper for the parties to contribute toward the nurture and education of their                           
05       children, and the court may order the parties to arrange with their employers for an                              
06       automatic payroll deduction each month or each pay period, if the period is other than                            
07       monthly, of the amount of the installment; if the employer agrees, the installment shall                          
08       be forwarded by the employer to the clerk of the superior court that entered the                                  
09       judgment or to the court trustee, and the amount of the installment is exempt from                                
10       execution;                                                                                                        
11                 (2)  for the recovery by one party from the other of an amount of                                       
12       money for maintenance, for a limited or indefinite period of time, in gross or in                                 
13       installments, as may be just and necessary without regard to which of the parties is in                           
14       fault; an award of maintenance must fairly allocate the economic effect of divorce by                             
15       being based on a consideration of the following factors:                                                          
16                      (A)  the length of the marriage and station in life of the parties                                 
17            during the marriage;                                                                                         
18                      (B)  the age and health of the parties;                                                            
19                      (C)  the earning capacity of the parties, including their                                          
20            educational backgrounds, training, employment skills, work experiences,                                      
21            length of absence from the job market, and custodial responsibilities for                                    
22            children during the marriage;                                                                                
23                      (D)  the financial condition of the parties, including the                                         
24            availability and cost of health insurance;                                                                   
25                      (E)  the conduct of the parties, including whether there has been                                  
26            unreasonable depletion of marital assets;                                                                    
27                      (F)  the division of property under (4) of this subsection; and                                    
28                      (G)  other factors the court determines to be relevant in each                                     
29            individual case;                                                                                             
30                 (3)  for the delivery to either party of that party's personal property in                              
31       the possession or control of the other party at the time of giving the judgment;                                  
01                 (4)  for the division between the parties of their property, including                                  
02       retirement benefits, whether joint or separate, acquired only during marriage, in a just                          
03       manner and without regard to which of the parties is in fault; however, the court, in                             
04       making the division, may invade the property, including retirement benefits, of either                            
05       spouse acquired before marriage when the balancing of the equities between the                                    
06       parties requires it; and to accomplish this end the judgment may require that one or                              
07       both of the parties assign, deliver, or convey any of their real or personal property,                            
08       including retirement benefits, to the other party; the division of property must fairly                           
09       allocate the economic effect of divorce by being based on consideration of the                                    
10       following factors:                                                                                                
11                      (A)  the length of the marriage and station in life of the parties                                 
12            during the marriage;                                                                                         
13                      (B)  the age and health of the parties;                                                            
14                      (C)  the earning capacity of the parties, including their                                          
15            educational backgrounds, training, employment skills, work experiences,                                      
16            length of absence from the job market, and custodial responsibilities for                                    
17            children during the marriage;                                                                                
18                      (D)  the financial condition of the parties, including the                                         
19            availability and cost of health insurance;                                                                   
20                      (E)  the conduct of the parties, including whether there has been                                  
21            unreasonable depletion of marital assets;                                                                    
22                      (F)  the desirability of awarding the family home, or the right to                                 
23            live in it for a reasonable period of time, to the party who has primary physical                            
24            custody of children;                                                                                         
25                      (G)  the circumstances and necessities of each party;                                              
26                      (H)  the time and manner of acquisition of the property in                                         
27            question; and                                                                                                
28                      (I)  the income-producing capacity of the property and the value                                   
29            of the property at the time of division;                                                                 
30                 (5)  if an animal is owned, for the ownership or joint ownership of                                 
31       the animal, taking into consideration the well-being of the animal.                                           
01    * Sec. 20. AS 25.24.200(c) is amended to read:                                                                     
02            (c)  Except as provided in AS 25.24.220(i), a spouse who has been personally                                 
03       served with a copy of a petition filed under (a) of this section may execute an                                   
04       appearance, waiver of time to answer, and waiver of notice of hearing. The appearance                             
05       and waivers must include an acknowledgment signed before an officer authorized to                                 
06       administer an oath or affirmation that the spouse being served has read the petition;                             
07       assents to the terms relating to custody of the children, child support, visitation,                              
08       spousal maintenance taking into consideration the factors listed in AS 25.24.160(a)(2),                           
09       and tax consequences, division of property, including retirement benefits and taking                              
10       into consideration the factors listed in AS 25.24.160(a)(4), ownership of animals,                            
11       taking into consideration the well-being of the animals, and allocation of debts;                             
12       agrees that the conditions otherwise required by (a) of this section exist; agrees that                           
13       the petition constitutes the entire agreement between the parties; understands fully the                          
14       nature and consequences of the action; and is not signing the appearance and waivers                              
15       under duress or coercion.                                                                                         
16    * Sec. 21. AS 25.24.200 is amended by adding a new subsection to read:                                             
17            (f)  A petition filed under (a) or (b) of this section may, if an animal is owned                            
18       by a husband and wife together, provide for the ownership or joint ownership of the                               
19       animal. The ownership or joint ownership of an animal provided for in a petition under                            
20       (a) or (b) of this section must take into consideration the well-being of the animal.                             
21    * Sec. 22. AS 25.24.210(e) is amended to read:                                                                     
22            (e)  If the petition is filed by both spouses under AS 25.24.200(a), the petition                            
23       must state in detail the terms of the agreement between the spouses concerning the                                
24       custody of children, child support in terms of periodic payments and in terms of health                           
25       care expenses, visitation, spousal maintenance and tax consequences, if any, and fair                             
26       and just division of property, including retirement benefits. A petition filed by both                        
27       spouses under AS 25.24.200(a) may provide for the ownership or joint ownership                                
28       of an animal, taking into consideration the well-being of the animal. Agreements                              
29       on spousal maintenance and property division must fairly allocate the economic effect                             
30       of dissolution and take into consideration the factors listed in AS 25.24.160(a)(2) and                           
31       (4). In addition, the petition must state                                                                         
01                 (1)  the respective occupations of the petitioners;                                                     
02                 (2)  the income, assets, and liabilities of the respective petitioners at the                           
03       time of filing the petition;                                                                                      
04                 (3)  the date and place of the marriage;                                                                
05                 (4)  the name, date of birth, and current marital, educational, and                                     
06       custodial status of each child born of the marriage or adopted by the petitioners who is                          
07       under the age of 19;                                                                                              
08                 (5)  whether the wife is pregnant;                                                                      
09                 (6)  whether either petitioner requires medical care or treatment;                                      
10                 (7)  whether any of the following has been issued or filed during the                                   
11       marriage by or regarding either spouse as defendant, participant, or respondent:                                  
12                      (A)  a criminal charge of a crime involving domestic violence;                                     
13                      (B)  a protective order under AS 18.66.100 - 18.66.180;                                            
14                      (C)  injunctive relief under former AS 25.35.010 or 25.35.020;                                     
15            or                                                                                                           
16                      (D)  a protective order issued in another jurisdiction and filed                                   
17            with the court in this state under AS 18.66.140;                                                             
18                 (8)  whether either petitioner has received the advice of legal counsel                                 
19       regarding a divorce or dissolution;                                                                               
20                 (9)  other facts and circumstances that the petitioners believe should be                               
21       considered;                                                                                                       
22                 (10)  that the petition constitutes the entire agreement between the                                    
23       petitioners; and                                                                                                  
24                 (11)  any other relief sought by the petitioners.                                                       
25    * Sec. 23. AS 25.24.220(d) is amended to read:                                                                     
26            (d)  If the petition is filed by both spouses under AS 25.24.200(a), the court                               
27       shall examine the petitioners or petitioner present and consider whether                                          
28                 (1)  the spouses fully understand the nature and consequences of their                                  
29       action;                                                                                                           
30                 (2)  the written agreements between the spouses concerning child                                        
31       custody, child support, and visitation are just as between the spouses and in the best                            
01       interests of the children of the marriage; in determining whether the parents'                                    
02       agreement on visitation is in the best interests of the children under this paragraph, the                        
03       court shall also consider whether the agreement should include visitation by                                      
04       grandparents and other persons;                                                                                   
05                 (3)  the written agreements between the spouses relating to the division                                
06       of property, including retirement benefits, spousal maintenance, and the allocation of                            
07       obligations are just; the spousal maintenance and division of property must fairly                                
08       allocate the economic effect of dissolution and take into consideration the factors                               
09       listed in AS 25.24.160(a)(2) and (4);                                                                             
10                 (4)  the written agreements constitute the entire agreement between the                                 
11       parties; [AND]                                                                                                    
12                 (5)  the conditions in AS 25.24.200(a) have been met; and                                           
13                 (6)  the written agreements between the spouses concerning                                          
14       ownership or joint ownership of an animal take into consideration the well-being                              
15       of the animal.                                                                                                
16    * Sec. 24. AS 25.24.220(g) is amended to read:                                                                     
17            (g)  The court may amend the written agreements between the spouses relating                                 
18       to child custody, child support, visitation, division of the property, including                                  
19       retirement benefits, spousal maintenance, ownership or joint ownership of an                                  
20       animal, taking into consideration the well-being of the animal, and allocation of                             
21       obligations, but only if both petitioners concur in the amendment in writing or on the                            
22       record.                                                                                                           
23    * Sec. 25. AS 25.24.230(a) is amended to read:                                                                     
24            (a)  If the petition is filed under AS 25.24.200(a), and is not subject to                                   
25       AS 25.24.220(h), the court may grant the spouses a final decree of dissolution and                                
26       shall order other relief as provided in this section if the court, upon consideration of                          
27       the information contained in the petition and the testimony of the spouse or spouses at                           
28       the hearing, finds that                                                                                           
29                 (1)  the spouses understand fully the nature and consequences of their                                  
30       action;                                                                                                           
31                 (2)  the written agreements between the spouses concerning spousal                                      
01       maintenance and tax consequences, if any, division of property, including retirement                              
02       benefits, and allocation of obligations are fair and just and constitute the entire                               
03       agreement between the parties;                                                                                    
04                 (3)  the spousal maintenance and division of property fairly allocate the                               
05       economic effect of dissolution and take into consideration the factors listed in                                  
06       AS 25.24.160(a)(2) and (4);                                                                                       
07                 (4)  each spouse entered into the agreement voluntarily and free from                                   
08       the coercion of another person; [AND]                                                                             
09                 (5)  the conditions in AS 25.24.200(a) have been met; and                                           
10                 (6)  the written agreements between the spouses concerning                                          
11       ownership or joint ownership of an animal take into consideration the well-being                              
12       of the animal.                                                                                                
13    * Sec. 26. AS 25.24 is amended by adding a new section to read:                                                    
14            Sec. 25.24.990. Definition. In this chapter, "animal" means a vertebrate living                            
15       creature not a human being.