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