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HB 15: "An Act relating to marriage, adoption, birth certificates, state custody of a minor, divorce, dissolution, and legal separation; replacing the terms 'husband' and 'wife' in certain statutes relating to loans, trusts, spousal immunity and confidential marital communications, probate and nonprobate transfers, life and health insurance, workers' compensation, and property ownership; and making conforming amendments."

00                              HOUSE BILL NO. 15                                                                          
01 "An Act relating to marriage, adoption, birth certificates, state custody of a minor,                                   
02 divorce, dissolution, and legal separation; replacing the terms 'husband' and 'wife' in                                 
03 certain statutes relating to loans, trusts, spousal immunity and confidential marital                                   
04 communications, probate and nonprobate transfers, life and health insurance, workers'                                   
05 compensation, and property ownership; and making conforming amendments."                                                
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 06.20.240 is amended to read:                                                                      
08            Sec. 06.20.240. Loans for purpose of obtaining higher interest. A licensee                                 
09       may not induce or permit a person, or two spouses [A HUSBAND AND WIFE]                                        
10 jointly or severally, to split up or divide a loan or to become obligated, directly or                                  
11 contingently or both, under more than one loan contract at the same time, for the                                       
12 purpose or with the result of obtaining a higher rate of interest than would otherwise                                  
13 be permitted by AS 06.20.230. However, a licensee may enter into new or different                                       
01       loan transactions with the borrower or the borrower's spouse at a different time so long                          
02       as the purpose of the additional transaction does not violate this section.                                       
03    * Sec. 2. AS 06.26.020(a) is amended to read:                                                                      
04            (a)  Notwithstanding any other provision of this chapter, a person does not act                              
05       as a fiduciary under this chapter if the person                                                                   
06 (1)  is licensed to practice law in this state, the person is acting within                                             
07 the scope of the license, and the person and any law firm of the person are not trustees                                
08 of more trusts than the number established for the person and law firm by the                                           
09 department by regulation or order; in this paragraph, "law firm" means a partnership, a                                 
10 professional corporation organized under AS 10.45, or another association organized                                     
11       for the practice of law and in which the person practices law;                                                    
12 (2)  acts as trustee under a deed of trust delivered only as security for                                               
13       the payment of money or for the performance of another act;                                                       
14 (3)  receives and distributes on behalf of a principal rents and proceeds                                               
15       of sales as a real estate broker or other licensee under AS 08.88;                                                
16 (4)  engages in securities business activity or investment advisory                                                     
17 business activity as a registered broker-dealer, a broker-dealer agent, a state                                         
18 investment adviser, or an investment adviser representative, or as a federal covered                                    
19 adviser who has made a notice filing under AS 45.55.040(h), the person is acting                                        
20 within the scope of the person's registration or notice filing, and the activity is                                     
21 regulated by the department under AS 45.55 or by the United States Securities and                                       
22 Exchange Commission; in this paragraph, "agent," "broker-dealer," "federal covered                                      
23 adviser," "investment adviser representative," "investment advisory business,"                                          
24 "securities business," and "state investment adviser" have the meanings given in                                        
25       AS 45.55.990;                                                                                                     
26 (5)  engages in the sale and administration of an insurance product as                                                  
27 an insurance company licensed under AS 21 or an insurance producer licensed under                                       
28       AS 21 and is acting within the scope of that license;                                                             
29 (6)  handles escrow transactions and is a title insurance company that                                                  
30 has a certificate of authority issued under AS 21.09, a title insurance limited producer                                
31 that is licensed as required by AS 21.66.270, or an employee of the title insurance                                     
01       company or title insurance producer when acting in the scope of the employee's                                    
02       employment; in this paragraph,                                                                                    
03                      (A)  "escrow transaction" has the meaning given in                                                 
04            AS 34.80.090;                                                                                                
05                      (B)  "title insurance company" has the meaning given in                                            
06            AS 21.66.480;                                                                                                
07                      (C)  "title insurance limited producer" has the meaning given in                                   
08            AS 21.66.480;                                                                                                
09                 (7)  is a cemetery association organized and acting under AS 10.30;                                     
10 (8)  is a trustee for a voting trust under AS 10.06 and is acting in that                                               
11       capacity;                                                                                                         
12 (9)  has a certified public accountant license issued under AS 08.04.105                                                
13 or 08.04.195, the person is acting within the scope of the license, and the person and                                  
14 any accounting firm of the person are not trustees of more trusts than the number                                       
15 established for the person and accounting firm by the department by regulation or                                       
16 order; in this paragraph, "accounting firm" means a partnership, a professional                                         
17 corporation organized under AS 10.45, or another association organized for the                                          
18       practice of public accounting and in which the person practices public accounting;                                
19 (10)  holds real property in trust for the primary purpose of subdivision,                                              
20 development, or sale or to facilitate a business transaction with respect to the real                                   
21       property;                                                                                                         
22 (11)  serves as a trustee of a trust created by the person's family                                                     
23       members;                                                                                                          
24 (12)  holds money or other assets as a homeowners' association or                                                       
25 similar organization to pay maintenance and other related costs for commonly owned                                      
26 property; in this paragraph, "homeowners' association" includes an association of                                       
27 apartment owners under AS 34.07.450 and a unit owners' association or master                                            
28       association under AS 34.08.990;                                                                                   
29 (13)  holds money or other assets in connection with the collection of                                                  
30 debts or payments on loans by a person acting solely as the agent or representative at                                  
31 the sole direction of the person to whom the debt or payment is owed, including                                         
01       engaging in the business of an escrow agent;                                                                      
02                 (14)  acts as a conservator if the person is appointed by a court of this                               
03       or another state or is qualified to act as a conservator under AS 13.26.320;                                      
04                 (15)  acts as a personal representative if the person is appointed a                                    
05       personal representative by a court of this or another state or is qualified to act as a                           
06       personal representative under AS 13.21.035;                                                                       
07                 (16)  acts as a guardian or receiver if the person is appointed as a                                    
08       guardian or receiver by a court of this or another state;                                                         
09                 (17)  is a business partner acting with regard to the business, or a co-                                
10       owner of property acting with regard to the co-owned property;                                                    
11 (18)  serves as a trustee of one or more trusts in which the settlor is not                                             
12 a family member of the person, except that the person may not at any one time serve                                     
13 as a trustee for trusts that cumulatively have more than 10 different settlors; however,                                
14 the department may change by regulation or order the maximum number of settlors                                         
15 allowed for this exemption; in this paragraph, two spouses [A HUSBAND AND                                           
16       WIFE] who create a joint trust are considered to be one settlor.                                                  
17    * Sec. 3. AS 11.51.125(c) is amended to read:                                                                      
18 (c)  In a prosecution under this section, existing provisions of law prohibiting                                        
19 the disclosure of confidential communications between spouses [HUSBAND AND                                          
20 WIFE] do not apply, and both spouses [HUSBAND AND WIFE] are competent to                                            
21 testify for or against each other as to all relevant matters, if a court order has awarded                              
22       custody to one spouse and visitation to the other.                                                                
23    * Sec. 4. AS 13.12.802 is amended to read:                                                                         
24 Sec. 13.12.802. Effect of divorce, annulment, and decree of separation. (a)                                           
25 An individual who is divorced from the decedent or whose marriage to the decedent                                       
26 has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage,                                 
27 the individual is married to the decedent at the time of death. A decree of separation                                  
28 that does not terminate the status of the spousal relationship [HUSBAND AND                                         
29       WIFE] is not a divorce for purposes of this section.                                                            
30 (b)  In AS 13.12.101 - 13.12.405 and AS 13.16.065, a surviving spouse does                                              
31       not include                                                                                                       
01 (1)  an individual who obtains or consents to a final decree or judgment                                                
02 of divorce from the decedent or an annulment of their marriage, if the decree or                                        
03 judgment is not recognized as valid in this state, unless subsequently they participate                                 
04 in a marriage ceremony purporting to marry each to the other or live together as                                        
05       spouses [HUSBAND AND WIFE];                                                                                   
06 (2)  an individual who, following an invalid decree or judgment of                                                      
07 divorce or annulment obtained by the decedent, participates in a marriage ceremony                                      
08       with a third individual; or                                                                                       
09 (3)  an individual who was a party to a valid proceeding concluded by                                                   
10       an order purporting to terminate all marital property rights.                                                     
11    * Sec. 5. AS 13.12.804(j)(2) is amended to read:                                                                   
12 (2)  "divorce or annulment" means any divorce or annulment, or any                                                      
13 dissolution or declaration of invalidity of a marriage, that would exclude the spouse as                                
14 a surviving spouse within the meaning of AS 13.12.802; a decree of separation that                                      
15 does not terminate the status of the spousal relationship [HUSBAND AND WIFE] is                                     
16       not a divorce for purposes of this section;                                                                       
17    * Sec. 6. AS 18.50.160(d) is amended to read:                                                                      
18 (d)  If the mother was married at conception, during the pregnancy, or at birth,                                        
19 the name of the spouse [HUSBAND] shall be entered on the certificate as the second                              
20       parent [FATHER] of the child unless                                                                           
21 (1)  paternity has been lawfully determined otherwise by a tribunal, in                                                 
22       which case the name of the father, if determined by a tribunal, shall be entered; or                              
23 (2)  both the mother and the mother's spouse [HUSBAND] execute                                                      
24 affidavits attesting that the spouse [HUSBAND] is not the second parent [FATHER]                                
25 and that another person [MAN] is the second parent [FATHER], and the mother and                                 
26 the other person [MAN] execute affidavits attesting that the other person [MAN] is                              
27 the second parent [FATHER], so long as the affidavits meet the requirements of (g)                                  
28       of this section.                                                                                                  
29    * Sec. 7. AS 18.50.235(a) is amended to read:                                                                      
30 (a)  After a stillbirth occurs in the state, the person required to file a fetal death                                  
31 registration under AS 18.50.240(b) shall advise the mother and, if the mother's                                     
01       spouse or the father is present, the mother's spouse or the father                                      
02                 (1)  that the parent may request the preparation of a certificate of birth                              
03       resulting in stillbirth;                                                                                          
04                 (2)  that the parent may obtain a certificate of birth resulting in stillbirth                          
05       by contacting the bureau; and                                                                                     
06                 (3)  of the contact information for the bureau.                                                       
07    * Sec. 8. AS 21.42.090 is amended to read:                                                                       
08            Sec. 21.42.090. Application required, life and health insurance. A life or                                 
09       health insurance contract on [UPON] an individual, except a contract of group life                            
10 insurance or of group or blanket health insurance, may not be made or carried out                                   
11 [EFFECTUATED] unless at the time of the making of the contract the individual                                           
12 insured, being of competent legal capacity to contract, applies for the contract or has                                 
13       consented to it in writing, except in the following cases:                                                      
14 (1)  a spouse may carry out [EFFECTUATE] the insurance on                                                       
15       [UPON] the other spouse;                                                                                          
16 (2)  a person having an insurable interest in the life of a minor or a                                                  
17 person on [UPON] whom a minor is dependent for support and maintenance [,] may                                      
18 carry out [EFFECTUATE] insurance on [UPON] the life of or pertaining to the                                     
19       minor;                                                                                                            
20 (3)  family policies insuring any two or more members of a family may                                                   
21 be issued on an application signed by either parent, a stepparent, or by either spouse                              
22       [A HUSBAND OR WIFE].                                                                                              
23    * Sec. 9. AS 21.51.020 is amended to read:                                                                         
24 Sec. 21.51.020. Scope, format of policy. A policy of health insurance may not                                         
25 be delivered or issued for delivery to a person in this state unless it otherwise complies                              
26       with this title, and complies with the following:                                                                 
27 (1)  the entire money and other considerations must be expressed in the                                                 
28       policy;                                                                                                           
29 (2)  the time the insurance takes effect and terminates must be                                                         
30       expressed in the policy;                                                                                          
31 (3)  it must insure only one person, except that a policy may insure,                                                   
01 originally or by subsequent amendment, upon the application of an adult member of a                                     
02 family, who shall be considered the policyholder, any two or more eligible members                                      
03 of that family, including a spouse [HUSBAND, WIFE], dependent children, or any                                      
04 children under a specified age, which may not exceed 25 years, and any other person                                     
05       dependent on the policyholder;                                                                                    
06 (4)  the style, arrangement, and over-all appearance of the policy must                                                 
07 give no undue prominence to any portion of the text, and every printed portion of the                                   
08 text of the policy and of endorsements or attached papers must be plainly printed in                                    
09 light-faced type of a style in general use, the size of which must be uniform and not                                   
10 less than 10 point with a lower case unspaced alphabet length not less than 120 point;                                  
11 in this paragraph, text includes all printed matter except the name and address of the                                  
12 insurer, name or title of the policy, the brief description, if any, and captions and                                   
13       subcaptions;                                                                                                      
14 (5)  the exceptions and reductions of indemnity must be set out in the                                                  
15 policy and, other than those contained in AS 21.51.040 - 21.51.260, must be printed, at                                 
16 the insurer's option, either included with the benefit provision to which they apply, or                                
17 under an appropriate caption such as "Exceptions," or "Exceptions and Reductions,"                                      
18 except that if an exception or reduction specifically applies only to a particular benefit                              
19 of the policy, a statement of the exception or reduction must be included with the                                      
20       benefit provision to which it applies;                                                                            
21 (6)  each form, including riders and endorsements, must be identified                                                   
22       by a form number in the lower left-hand corner of the first page;                                                 
23 (7)  the policy may not contain a provision making a portion of the                                                     
24 charter, rules, constitution, or bylaws of the insurer a part of the policy unless the                                  
25 portion is set out in full in the policy; this paragraph does not apply to the                                          
26 incorporation of, or reference to, a statement of rates or classification of risks, or short-                           
27       rate table filed with the director.                                                                               
28    * Sec. 10. AS 23.30.055 is amended to read:                                                                        
29 Sec. 23.30.055. Exclusiveness of liability. The liability of an employer                                              
30 prescribed in AS 23.30.045 is exclusive and in place of all other liability of the                                      
31 employer and any fellow employee to the employee, the employee's legal                                                  
01 representative, spouse [HUSBAND OR WIFE], parents, dependents, next of kin, and                                     
02 anyone otherwise entitled to recover damages from the employer or fellow employee                                       
03 at law or in admiralty on account of the injury or death. The liability of the employer                                 
04 is exclusive even if the employee's claim is barred under AS 23.30.022. However, if                                     
05 an employer fails to secure payment of compensation as required by this chapter, an                                     
06 injured employee or the employee's legal representative in case death results from the                                  
07 injury may elect to claim compensation under this chapter, or to maintain an action                                     
08 against the employer at law or in admiralty for damages on account of the injury or                                     
09 death. In that action, the defendant may not plead as a defense that the injury was                                     
10 caused by the negligence of a fellow servant, or that the employee assumed the risk of                                  
11 the employment, or that the injury was due to the contributory negligence of the                                        
12 employee. In this section, "employer" includes, in addition to the meaning given in                                     
13 AS 23.30.395, a person who, under AS 23.30.045(a), is liable for or potentially liable                                  
14       for securing payment of compensation.                                                                             
15    * Sec. 11. AS 25.05.011(a) is amended to read:                                                                     
16 (a)  Marriage is a civil contract entered into by two natural persons [ONE                                          
17 MAN AND ONE WOMAN] that requires both a license and solemnization. Each                                             
18 person shall [THE MAN AND THE WOMAN MUST EACH] be at least one of the                                               
19       following:                                                                                                        
20                 (1)  18 years of age or older and otherwise capable;                                                    
21                 (2)  qualified for a license under AS 25.05.171; or                                                     
22 (3)  a member of the armed forces of the United States while on active                                                  
23       duty.                                                                                                             
24    * Sec. 12. AS 25.05.021 is amended to read:                                                                        
25 Sec. 25.05.021. Prohibited marriages. Marriage is prohibited and void if                                              
26       performed when                                                                                                  
27 (1)  either party to the proposed marriage has a spouse [HUSBAND                                                    
28       OR WIFE] living; or                                                                                               
29 (2)  the parties to the proposed marriage are more closely related to                                                   
30 each other than the fourth degree of consanguinity, whether of the whole or half blood,                                 
31       computed according to rules of the civil law.                                                                     
01    * Sec. 13. AS 25.05.041(b) is amended to read:                                                                     
02 (b)  If a license has been issued and the marriage solemnized as provided in                                            
03 this chapter and the parties to it have immediately thereafter assumed the habit and                                    
04 repute of spouses [HUSBAND AND WIFE] and have continued to cohabit as spouses                                   
05 [HUSBAND AND WIFE] for one year or until the death of either of them, the                                               
06 marriage may [SHALL] not be void or voidable solely on the ground the license                                       
07       cannot be produced.                                                                                               
08    * Sec. 14. AS 25.05.051 is amended to read:                                                                        
09            Sec. 25.05.051. Effect of existing former marriage. If, during the lifetime of                             
10 a person [HUSBAND OR WIFE] with whom a marriage is still in force, the [A]                                      
11 person remarries and the parties to the subsequent marriage live together as spouses                                
12 [HUSBAND AND WIFE], and one of the parties to the subsequent marriage believes                                          
13 in good faith that the other party's spouse from the former marriage [HUSBAND                                   
14 OR WIFE] is dead or that the former marriage has been annulled or dissolved by a                                        
15 divorce or is without knowledge of the former marriage, then after the death or divorce                                 
16 of the other party to the former marriage, if they continue to live together as spouses                             
17 [HUSBAND AND WIFE] in good faith on the part of one of them, they are legally                                           
18 married from the time of removal of the impediment, and the issue of the subsequent                                     
19 marriage are the legitimate issue of both parents, whether born before or after the                                     
20       removal of the impediment.                                                                                        
21    * Sec. 15. AS 25.05.301 is amended to read:                                                                        
22 Sec. 25.05.301. Form of solemnization. In the solemnization of marriage no                                            
23 particular form is required except that the parties shall assent or declare in the                                      
24 presence of each other and the person solemnizing the marriage and in the presence of                                   
25 at least two competent witnesses that they take each other to be spouses [HUSBAND                                   
26 AND WIFE]. A competent witness for this purpose is a person of sound mind capable                                       
27 of understanding the seriousness of the ceremony. At the time of the ceremony, the                                      
28 person solemnizing the marriage shall complete the certification on the original                                        
29 marriage certificate. The person solemnizing the marriage and the two attending                                         
30       witnesses shall sign the original marriage certificate and the necessary copies.                                  
31    * Sec. 16. AS 25.05.361 is amended to read:                                                                        
01 Sec. 25.05.361. Unlawful solemnization of marriage. A person who                                                      
02 solemnizes a marriage without first receiving a proper marriage license from the                                        
03 parties as provided in this chapter or without the parties declaring to take each other as                              
04 spouses [HUSBAND AND WIFE], or without requiring the presence of two                                                
05 competent witnesses; or who solemnizes a marriage involving a person under the legal                                    
06 age of marriage without the consent of (1) the licensing official when authorized, or                                   
07 (2) the parents or guardian of the underaged person, being stated in the license; or who                                
08 solemnizes a marriage knowing of any legal impediment thereto, or who solemnizes a                                      
09 marriage after the expiration of the license, or who falsely certifies to the date of a                                 
10 marriage solemnized by that person is guilty of a misdemeanor, and upon conviction is                                   
11 punishable by imprisonment for not more than six months, or by a fine of not more                                       
12       than $500, or by both.                                                                                            
13    * Sec. 17. AS 25.15.040 is amended to read:                                                                        
14 Sec. 25.15.040. Authority to act as attorney-in-fact for each other. A                                                
15 person who is married [HUSBAND OR WIFE] may appoint the person's spouse                                         
16 [OTHER] as attorney-in-fact to control or dispose of property, and may revoke the                                       
17       appointment to the same extent and manner as other persons.                                                       
18    * Sec. 18. AS 25.23.020(a) is amended to read:                                                                     
19            (a)  The following persons may adopt:                                                                        
20                 (1)  two spouses [A HUSBAND AND WIFE] together;                                                     
21                 (2)  an unmarried adult;                                                                                
22                 (3)  the unmarried father or mother of the person to be adopted;                                        
23 (4)  a married person without the other spouse joining as a petitioner, if                                              
24       the person to be adopted is not the other spouse, and if                                                          
25 (A)  the other spouse is a parent of the person to be adopted and                                                       
26            consents to the adoption;                                                                                    
27                      (B)  the petitioner and the other spouse are legally separated; or                                 
28 (C)  the failure of the other spouse to join in the petition or to                                                      
29 agree to the adoption is excused by the court by reason of prolonged                                                    
30 unexplained absence, unavailability, incapacity, or circumstances constituting                                          
31            an unreasonable withholding of consent.                                                                      
01    * Sec. 19. AS 25.23.040(a) is amended to read:                                                                     
02            (a)  Unless consent is not required under AS 25.23.050, a petition to adopt a                                
03       minor may be granted only if written consent to a particular adoption has been                                    
04       executed by                                                                                                       
05                 (1)  the legal parent of the minor, including                                                       
06                      (A)  the mother of the minor;                                                                  
07 (B) [(2)]  the father of the minor, if the father was married to the                                                
08 mother at the time the minor was conceived or at any time after conception, the                                         
09 minor is the father's child by adoption, or the father has otherwise legitimated                                        
10            the minor under the laws of the state;                                                                       
11                      (C)  the adoptive parent of the minor;                                                         
12 (D)  the second parent of the minor, if the second parent was                                                       
13 married to the mother at the time the minor was conceived or at any time                                            
14 after conception, or the second parent has otherwise legitimated the minor                                          
15            under the laws of the state; or                                                                          
16 (E)  the second parent of the minor, if the second parent was                                                       
17 married to the adoptive parent of the minor at the time the minor was                                               
18 adopted or at any time after adoption, or the second parent has otherwise                                           
19            legitimated the minor under the laws of the state;                                                       
20 (2) [(3)]  any person lawfully entitled to custody of the minor or                                                  
21       empowered to consent;                                                                                             
22 (3) [(4)]  the court having jurisdiction to determine custody of the                                                
23 minor, if the legal guardian or custodian of the person of the minor is not empowered                                   
24       to consent to the adoption;                                                                                       
25 (4) [(5)]  the minor, if 10 years of age or older, unless the court in the                                          
26       best interest of the minor dispenses with the minor's consent; and                                                
27                 (5) [(6)]  the spouse of the minor to be adopted.                                                   
28    * Sec. 20. AS 25.23.050(a) is amended to read:                                                                     
29            (a)  Consent to adoption is not required of                                                                  
30 (1)  for purposes of this section, a parent who has abandoned a child for                                               
31       a period of at least six months;                                                                                  
01                 (2)  a parent of a child in the custody of another, if the parent for a                                 
02       period of at least one year has failed significantly without justifiable cause, including                         
03       but not limited to indigency,                                                                                     
04                      (A)  to communicate meaningfully with the child, or                                                
05                      (B)  to provide for the care and support of the child as required                                  
06            by law or judicial decree;                                                                                   
07                 (3)  the father of a minor if the father's consent is not required by                                   
08       AS 25.23.040(a)(1)(B) [AS 25.23.040(a)(2)];                                                                   
09                 (4)  a parent who has relinquished the right to consent under                                           
10       AS 25.23.180;                                                                                                     
11 (5)  a parent whose parental rights have been terminated by order of the                                                
12       court under AS 25.23.180(c)(3) or AS 47.10.080(c)(3);                                                             
13 (6)  a parent judicially declared incompetent or mentally defective if the                                              
14       court dispenses with the parent's consent;                                                                        
15 (7)  a parent of the person to be adopted, if the person is 18 or more                                                  
16       years of age;                                                                                                     
17 (8)  a guardian or custodian specified in AS 25.23.040(a)(2) or (3)                                                 
18 [AS 25.23.040(a)(3) OR (4)] who has failed to respond in writing to a request for                                       
19 consent for a period of 60 days or who, after examination of the guardian's or                                          
20 custodian's written reasons for withholding consent, is found by the court to be                                        
21       withholding consent unreasonably; [OR]                                                                            
22 (9)  the spouse of the person to be adopted, if the requirement of                                                      
23 consent to the adoption is waived by the court by reason of prolonged unexplained                                       
24 absence, unavailability, incapacity, or circumstances constituting an unreasonable                                      
25       withholding of consent; or                                                                                    
26 (10)  the second parent of a minor if the second parent's consent is                                                
27       not required under AS 25.23.040(a)(1)(D) or (E).                                                              
28    * Sec. 21. AS 25.23.127 is amended to read:                                                                        
29 Sec. 25.23.127. Adult family member preference to adopt. Taking into                                                  
30 consideration a child's stated preference under AS 25.23.125(a) and consent given                                       
31 under AS 25.23.040(a)(4) [AS 25.23.040(a)(5)], and unless the court finds that a                                    
01 petition to adopt the child by an adult family member is contrary to the best interest of                               
02 the child, the court shall grant a petition to adopt a child by an adult family member                                  
03 who has had physical custody of the child for at least 12 consecutive months before                                     
04 the parental rights to the child have been terminated. In this section, "adult family                                   
05       member" has the meaning given in AS 47.10.990.                                                                  
06    * Sec. 22. AS 25.24.010 is amended to read:                                                                        
07            Sec. 25.24.010. Right of action for divorce. A person [HUSBAND OR                                      
08       WIFE] may maintain an action against the person's spouse [OTHER] for divorce or                               
09       to have the marriage declared void.                                                                               
10    * Sec. 23. AS 25.24.020 is repealed and reenacted to read:                                                         
11 Sec. 25.24.020. Void marriages. A marriage is void if the marriage is                                                 
12       prohibited by law for either of the following reasons:                                                            
13                 (1)  consanguinity between the persons; or                                                              
14 (2)  a party to the marriage is already married, the person's spouse from                                               
15 the preexisting marriage is still alive, and the preexisting marriage has not been                                      
16       annulled or dissolved.                                                                                            
17    * Sec. 24. AS 25.24.030 is amended to read:                                                                        
18 Sec. 25.24.030. Voidable marriages. A marriage may be declared void for                                               
19       any of the following causes existing at the time of the marriage:                                                 
20 (1)  that the party in whose behalf it is sought to have the marriage                                                   
21 declared void was under the age of legal consent, and the marriage was contracted                                       
22 without the consent of the parents, guardian, or person having charge of that party,                                    
23 unless, after attaining the age of consent, the party for any time freely cohabited with                                
24       the other as spouses [HUSBAND AND WIFE];                                                                      
25 (2)  that either party was of unsound mind, unless that party, after                                                    
26 coming to reason, freely cohabited with the other as spouses [HUSBAND AND                                           
27       WIFE];                                                                                                            
28 (3)  that the consent of either party was obtained by fraud, unless that                                                
29 party afterwards, with full knowledge of the facts constituting the fraud, freely                                       
30       cohabited with the other as spouses [HUSBAND AND WIFE];                                                       
31 (4)  that the consent of either party was obtained by force, unless that                                                
01       party afterwards freely cohabited with the other as spouses [HUSBAND AND WIFE];                               
02                 (5)  failure to consummate the marriage at the time of the marriage and                                 
03       continuing at the commencement of the action.                                                                     
04    * Sec. 25. AS 25.24.040 is amended to read:                                                                        
05 Sec. 25.24.040. Action to declare marriage valid. When a spouse [EITHER                                           
06 THE HUSBAND OR WIFE] claims or pretends that the marriage is void or voidable,                                          
07 the other spouse may bring an action to have the marriage declared valid. The court                                     
08 may determine if the marriage is void from the beginning or from the time of the                                        
09       judgment or that it is valid.                                                                                     
10    * Sec. 26. AS 25.24.200(a) is amended to read:                                                                     
11 (a)  Two spouses [A HUSBAND AND WIFE] together may petition the                                                     
12 superior court for the dissolution of their marriage under AS 25.24.200 - 25.24.260 if                                  
13       the following conditions exist at the time of filing the petition:                                                
14 (1)  incompatibility of temperament has caused the irremediable                                                         
15       breakdown of the marriage;                                                                                        
16 (2)  if there are unmarried children of the marriage under the age of 19                                                
17 or one of the spouses [THE WIFE] is pregnant, and the spouses have agreed on which                                  
18 spouse or third party is to be awarded custody of each minor child of the marriage and                                  
19 the extent of visitation, including visitation by grandparents and other persons if in the                              
20 child's best interests, and support to be provided on the children's behalf, whether the                                
21 payments are to be made through the child support services agency, and the tax                                          
22       consequences of that agreement;                                                                                   
23 (3)  the spouses have agreed as to the distribution of all real and                                                     
24 personal property that is jointly owned or community property under AS 34.77,                                           
25 including retirement benefits and the payment of spousal maintenance, if any, and the                                   
26 tax consequences resulting from these payments; the agreement must be fair and just                                     
27 and take into consideration the factors listed in AS 25.24.160(a)(2) and (4) so that the                                
28       economic effect of dissolution is fairly allocated; and                                                           
29 (4)  the spouses have agreed as to the payment of all unpaid obligations                                                
30 incurred by either or both of them and as to payment of obligations incurred jointly in                                 
31       the future.                                                                                                       
01    * Sec. 27. AS 25.24.200(b) is amended to read:                                                                     
02            (b)  A spouse [HUSBAND OR WIFE] may separately petition for dissolution                                  
03       of their marriage under AS 25.24.200 - 25.24.260 if the following conditions exist at                             
04       the time of filing the petition:                                                                                  
05                 (1)  incompatibility of temperament, as evidenced by extended absence                                   
06       or otherwise, has caused the irremediable breakdown of the marriage;                                              
07 (2)  the petitioning spouse has been unable to ascertain the other                                                      
08 spouse's position in regard to the dissolution of their marriage and in regard to the fair                              
09 and just division of property, including retirement benefits, spousal maintenance,                                      
10 payment of debts, and custody, support and visitation because the whereabouts of the                                    
11 other spouse is unknown to the petitioning spouse after reasonable efforts have been                                    
12       made to locate the absent spouse; and                                                                             
13 (3)  the other spouse cannot be personally served with process inside or                                                
14       outside the state.                                                                                                
15    * Sec. 28. AS 25.24.200(f), added by sec. 21, ch. 60, SLA 2016, is amended to read:                                
16 (f)  A petition filed under (a) or (b) of this section may, if an animal is owned                                       
17 by both spouses [A HUSBAND AND WIFE] together, provide for the ownership or                                         
18 joint ownership of the animal. The ownership or joint ownership of an animal                                            
19 provided for in a petition under (a) or (b) of this section must take into consideration                                
20       the well-being of the animal.                                                                                     
21    * Sec. 29. 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 of                                       
28 an animal, taking into consideration the well-being of the animal. Agreements on                                        
29 spousal maintenance and property division must fairly allocate the economic effect of                                   
30 dissolution and take into consideration the factors listed in AS 25.24.160(a)(2) and (4).                               
31       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 either spouse [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. 30. AS 25.24.400 is amended to read:                                                                        
26 Sec. 25.24.400. Complaint for legal separation. A spouse [HUSBAND OR                                              
27 A WIFE] may separately or jointly file a complaint in the superior court for a legal                                    
28 separation. A legal separation may be granted not [NO] more than once to the same                                   
29       married couple.                                                                                                   
30    * Sec. 31. AS 25.25.316(i) is amended to read:                                                                     
31 (i)  The defense of immunity based on the spousal relationship [OF                                                  
01       HUSBAND AND WIFE] or the relationship of parent and child does not apply in a                                 
02       proceeding under this chapter.                                                                                    
03    * Sec. 32. AS 25.30.480(d) is amended to read:                                                                     
04 (d)  A privilege against disclosure of marital communications [BETWEEN                                              
05 SPOUSES] and a defense of immunity based on the spousal relationship [OF                                            
06 HUSBAND AND WIFE] or the relationship of parent and child may not be invoked                                        
07       in a proceeding under AS 25.30.400 - 25.30.590.                                                                   
08    * Sec. 33. AS 34.07.090 is amended to read:                                                                        
09            Sec. 34.07.090. Apartment ownership and possession. Each apartment                                         
10 owner shall have exclusive ownership and possession of the owner's apartment, but                                       
11 any apartment may be owned by two spouses [HUSBAND AND WIFE] as tenants by                                          
12       the entirety or may be commonly owned by more than one person.                                                    
13    * Sec. 34. AS 34.07.190(b) is amended to read:                                                                     
14 (b)  Nothing in this chapter limits the right of partition by two spouses [A                                        
15 HUSBAND AND WIFE] owning as tenants by the entirety or by the owners in                                                 
16 common of one or more of the apartments as to the ownership of the apartment or                                         
17       apartments.                                                                                                       
18    * Sec. 35. AS 34.15.010(b) is amended to read:                                                                     
19 (b)  In a deed or conveyance of the family home or homestead by a married                                               
20 man or a married woman, the spouses [HUSBAND AND WIFE] shall join in the deed                                       
21       or conveyance.                                                                                                    
22    * Sec. 36. AS 34.15.110(b) is amended to read:                                                                     
23 (b)  Two spouses [A HUSBAND AND WIFE] who acquire title in real                                                     
24 property hold the estate as tenants by the entirety, except as provided by AS 34.77.100                                 
25 or unless it is expressly declared otherwise in the conveyance or devise. The                                           
26 conveyance shall recite the marital status of the parties acquiring title to the real                                   
27       property.                                                                                                         
28    * Sec. 37. AS 39.50.200(a)(2) is amended to read:                                                                  
29 (2)  "child" includes a biological child, a legal child, an adopted child,                                          
30       and a stepchild;                                                                                                  
31    * Sec. 38. AS 39.50.200(a)(7) is amended to read:                                                                  
01 (7)  "mother or father" includes a biological parent, a legal parent, an                                            
02       adoptive parent, and a stepparent;                                                                                
03    * Sec. 39. AS 47.10.110 is amended to read:                                                                        
04 Sec. 47.10.110. Appointment of guardian or custodian. When, in the course                                             
05 of a proceeding under this chapter, it appears to the court that the welfare of a minor                                 
06 will be promoted by the appointment of a guardian or custodian of the minor's person,                                   
07 the court may make the appointment. The court shall have a summons issued and                                           
08 served on [UPON] the parents of the minor, if they can be found, in a manner and                                    
09 within a time before the hearing that the court considers reasonable. The court may                                     
10 determine whether a [THE] father, mother, another suitable person, or the department                                
11 shall have the custody and control of the minor. If the minor is of sufficient age and                                  
12       intelligence to state desires, the court shall consider them.                                                     
13    * Sec. 40. AS 47.12.080 is amended to read:                                                                        
14 Sec. 47.12.080. Release of minor. A minor who is taken into custody may, in                                           
15 the discretion of the court and upon the written promise of the parent, guardian, or                                    
16 custodian to bring the minor before the court at a time specified by the court, be                                      
17 released to the care and custody of the parent, guardian, or custodian. The minor, if not                               
18 released, shall be detained as provided by AS 47.12.240. The court may determine                                        
19 whether a [THE] father or mother or another person shall have the custody and control                               
20 of the minor for the duration of the proceedings. If the minor is of sufficient age and                                 
21       intelligence to state desires, the court shall give consideration to the minor's desires.                         
22    * Sec. 41. AS 47.12.220 is amended to read:                                                                        
23 Sec. 47.12.220. Appointment of guardian or custodian. When, in the course                                             
24 of a proceeding under this chapter, it appears to the court that the welfare of a minor                                 
25 will be promoted by the appointment of a guardian or custodian of the minor's person                                    
26 or property, the court may make the appointment. The court shall have a summons                                         
27 issued and served on [UPON] the parents of the minor, if they can be found, in a                                    
28 manner and within a time before the hearing that the court considers reasonable. The                                    
29 court may determine whether a [THE] father, mother, or the department shall have the                                
30 custody and control of the minor. If the minor is of sufficient age and intelligence to                                 
31 state desires, the court shall consider them. The court may order either or both parents                                
01       to pay support for the minor's care to the guardian, custodian, or department.                                    
02    * Sec. 42. AS 47.17.060 is amended to read:                                                                        
03 Sec. 47.17.060. Evidence not privileged. Neither the physician-patient nor the                                        
04 spousal [HUSBAND-WIFE] privilege is a ground for excluding evidence regarding a                                     
05 child's harm, or its cause, in a judicial proceeding related to a report made under this                                
06       chapter.                                                                                                          
07    * Sec. 43. AS 25.05.013 is repealed.                                                                               
08    * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the                                         
11 heading of AS 25.15 from "Husband and Wife" to "Spouses."