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HB 491: "An Act relating to filing, recording, and indexing of documents with or by the Department of Natural Resources; repealing certain filing requirements concerning property involving nonresident aliens; and providing for an effective date."

00 HOUSE BILL NO. 491                                                                                                      
01 "An Act relating to filing, recording, and indexing of documents with or by the                                         
02 Department of Natural Resources; repealing certain filing requirements concerning                                       
03 property involving nonresident aliens; and providing for an effective date."                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 40.05.020 is amended to read:                                                                       
06  Sec. 40.05.020.  REPORTS OF INSTRUMENTS AFFECTING MINING                                                              
07 PROPERTIES.  The recorder of each recording district shall prepare and forward to                                       
08 the Department of Natural Resources, by the 10th [ON THE FIRST] day of each                                           
09 month a copy of each new mining claim, mining leasehold, [OR] prospecting site                                          
10 location certificate, or any other document indexed by the recorder as a mining                                        
11 document [AND A REPORT OF EVERY OTHER INSTRUMENT AFFECTING                                                             
12 TITLE OR POSSESSION OF EXISTING MINING PROPERTIES] recorded during                                                      
13 the preceding month [30-DAY PERIOD].                                                                                  
14    * Sec. 2.  AS 40.17.020 is amended to read:                                                                          
01  Sec. 40.17.020.  RECORDING CONVEYANCES.  (a)  A conveyance that is                                                    
02 eligible for recording under AS 40.17.030 [AND 40.17.110] may be offered for                                           
03 recording [RECORDED] only in [THE RECORDS OF] the recording district in which                                          
04 land affected by the conveyance is located.  If land affected by the conveyance is                                      
05 located in more than one recording district, an original conveyance may be offered for                                 
06 recording [RECORDED] in the recording [RECORDS OF ANY] district in which                                             
07 part of the land is located and an original or a certified copy may be offered for                                     
08 recording [RECORDED] in [THE RECORDS OF] each other recording district in                                            
09 which part of the land is located.  A certified copy [SO] recorded has the same effect                                  
10 from the time it is recorded as though it were the original conveyance.                                                 
11  (b)  A certified copy of a conveyance that is eligible for recording under                                            
12 AS 40.17.030 [AND 40.17.110] and that has been recorded or filed in a public                                            
13 recorder's office in another state or in the United States Bureau of Land Management                                    
14 may be offered for recording [RECORDED] only in the [RECORDS OF A] recording                                          
15 district where land affected by the conveyance is located.  When [SO] recorded, it has                                  
16 the same effect from the time it is recorded as though it were the original conveyance.                                 
17    * Sec. 3.  AS 40.17.030 is repealed and reenacted to read:                                                           
18  Sec. 40.17.030.  FORMAL REQUISITES FOR RECORDING.  (a)  Except as                                                     
19 provided in (b) and (c) of this section, to be eligible for recording, a document must                                  
20   (1)  contain original signatures;                                                                                    
21   (2)  be legible or capable of being converted into legible form by a                                                 
22 machine or device used in the recording office;                                                                         
23   (3)  be capable of being copied by the method used in the recording                                                  
24 office;                                                                                                                 
25   (4)  contain a title reflecting the overall intent of the document;                                                  
26   (5)  contain the information needed to index the document under                                                      
27 regulations of the department;                                                                                          
28   (6)  contain a book and page reference or serial number reference if the                                             
29 document amends, corrects, extends, modifies, assigns, or releases a document                                           
30 previously recorded in this state;                                                                                      
31   (7)  contain the name and address of the person to whom the document                                                 
01 is to be returned after recording;                                                                                      
02   (8)  if it is a deed, contain the mailing addresses of all persons named                                             
03 in the document who grant or acquire an interest under the document;                                                    
04   (9)  be accompanied by or contain the name of the recording district in                                              
05 which it is to be recorded; and                                                                                         
06   (10)  be accompanied by the applicable recording fee set by regulation;                                              
07 if the document is to be recorded for multiple purposes, it must be accompanied by the                                  
08 applicable fee for each of the multiple purposes.                                                                       
09  (b)  To be eligible for recording, a certified copy of an official document from                                      
10 a governmental office need only meet the requirements of (a)(2), (7), (9), and (10) of                                  
11 this section.                                                                                                           
12  (c)  To be eligible for recording, an exact or fully conformed copy of an                                             
13 original document must be accompanied by an affidavit of the person offering the                                        
14 document.  The affidavit must meet the requirements of (a) of this section and must                                     
15 state that                                                                                                              
16   (1)  the exact or fully conformed copy was received by the person in                                                 
17 the course of the transaction;                                                                                          
18   (2)  the original is not in the person's possession; and                                                             
19   (3)  the instrument offered for recordation is an exact or fully conformed                                           
20 copy.                                                                                                                   
21  (d)  The recorder shall prescribe the style, size, form, and quality that a                                           
22 document, plat, plan, or survey map must satisfy for filing and recording under this                                    
23 chapter.                                                                                                                
24    * Sec. 4.  AS 40.17.035 is amended to read:                                                                          
25  Sec. 40.17.035.  RECORDING CRITERIA.  When determining whether a                                                      
26 document may be recorded, the recorder                                                                                  
27   (1)  may not consider whether the contents of the document are legally                                               
28 sufficient to achieve the purposes of the document;                                                                     
29   (2)  may not reject a document because the document                                                                  
30   (A)  does not satisfy the current requirements for recording, if                                                    
31 the document satisfied the requirements for recording that existed at the time                                          
01 the document was executed;                                                                                              
02   (B)  serves more than one purpose;                                                                                  
03   (C)  does not state the name of the recording district, if the name                                                 
04 is given to the recorder at the time the document is offered for recording, or                                          
05 if the name is contained in a cover letter accompanying the document;                                                   
06   (D)  references an attached exhibit that is not labelled;                                                           
07   (E)  is a certified copy of an official document that creates an                                                    
08 interest in real property, that meets the requirements of AS 40.17.030(b), and                                        
09 that is from a governmental office [IN THIS OR ANOTHER STATE]; or                                                       
10   (3)  may not require that a document that serves more than one purpose                                               
11 be recorded separately for each of the purposes; this paragraph does not prevent the                                    
12 multiple recording of the document if the person offering the document requests that                                    
13 the document be recorded for more than one of its purposes and the request is                                          
14 accompanied by the applicable recording fee for each of the multiple purposes.                                        
15    * Sec. 5.  AS 40.17.060 is amended to read:                                                                         
16  Sec. 40.17.060. DOCUMENTS EXECUTED UNDER FORMER LAW.  If a                                                            
17 document [INCLUDED UNDER AS 40.17.110 (b) OR (c)] was executed in                                                       
18 accordance with the law in effect at the time the document was executed, the                                            
19 document remains recordable regardless of later amendments to the law changing the                                      
20 manner in which that document is to be executed.                                                                        
21    * Sec. 6.  AS 40.17.110 is repealed and reenacted to read:                                                           
22  Sec. 40.17.110.  DOCUMENTS ELIGIBLE FOR RECORDING. (a)  Subject                                                       
23 to (b) - (d) of this section, a document that meets the requisites for recording under                                  
24 AS 40.17.030 may be recorded.                                                                                           
25  (b)  If the document to be recorded is a conveyance, power of attorney, contract                                      
26 for the sale or purchase of real property, or option for the purchase of real property,                                 
27 the document must be acknowledged.                                                                                      
28  (c)  If the document to be recorded is a subdivision plat, the document must                                          
29 comply with the requirements of AS 40.15.                                                                               
30  (d)  If the document is a declaration under AS 34.08, it must comply with the                                         
31 requirements of AS 34.08.090(b).                                                                                        
01    * Sec. 7.  AS 44.37.025(b) is amended to read:                                                                       
02  (b)  The department shall prescribe by regulation and account for recording                                         
03 fees and do all other things necessary to maintain the recording systems established                                    
04 under the laws of this state.  For a document that is to be recorded for multiple                                      
05 purposes, the department may collect the applicable recording fee for each of the                                       
06 multiple purposes.                                                                                                     
07    * Sec. 8.  AS 44.37 is amended by adding a new section to read:                                                      
08  Sec. 44.37.027.  UNIFORM COMMERCIAL CODE FILING.   (a)  The                                                           
09 Department of Natural Resources shall maintain a central filing office for the filing of                                
10 documents relating to secured transactions under AS 45.09.                                                              
11  (b)  The department may adopt regulations prescribing the records to be                                               
12 maintained and the documents to be filed, consistent with AS 45.09.                                                     
13  (c)  The department shall prescribe in regulation, and account for, filing fees                                       
14 and shall do all other things necessary to maintain the central filing office.  For a                                   
15 document that is to be filed for multiple purposes, the department may collect the                                      
16 applicable filing fee for each of the multiple purposes.                                                                
17    * Sec. 9.  AS 45.09.401(a) is amended to read:                                                                       
18  (a)  The proper place to file, in order to perfect a security interest, is as                                         
19 follows:                                                                                                                
20   (1)  if the collateral is consumer goods, or is equipment used in farming                                            
21 operations, or farm products, or accounts or general intangibles arising from or relating                               
22 to the sale of farm products by a farmer, then in the office of the recorder in the                                     
23 recording district of the debtor's residence or, if the debtor is not a resident of the                                 
24 state, then in the office of the recorder in the recording district where the goods are                                 
25 kept, and in addition when the collateral is crops growing or to be grown, in the office                                
26 of the recorder in the recording district where the land is located;                                                    
27   (2)  if the collateral is timber to be cut or is minerals or the like                                                
28 (including oil and gas) or accounts subject to AS 45.09.103(e), or when the financing                                   
29 statement is filed as a fixture filing (AS 45.09.313), and the collateral is goods which                                
30 are or are to become fixtures, then in the office where a mortgage on the real estate                                   
31 concerned would be [FILED OR] recorded;                                                                                 
01   (3)  in all other cases, in the central filing office of the Department of                                         
02 Natural Resources established under AS 44.37.027.                                                                     
03    * Sec. 10.  AS 45.09.402(c) is amended to read:                                                                      
04  (c)  A form substantially as follows is sufficient to comply with (a) of this                                         
05 section:                                                                                                                
06    Name of debtor (or assignor)..................................................................................      
07    Address ........................................................................................................... 
08    Name of secured party (or assignee) ......................................................................          
09    Address ........................................................................................................... 
10   (1)  This financing statement covers the following types (or items) of                                               
11 property:                                                                                                               
12    (Describe) ........................................................................................................ 
13   (2)  (If collateral is crops) The crops described in (1) are growing or are                                          
14 to be grown on:                                                                                                         
15  (Describe real estate) .............................................................................................. 
16   (3)  If the collateral is goods which are to become fixtures, timber to                                              
17 be cut, or minerals or the like (including oil and gas) or accounts to be financed at the                               
18 wellhead or minehead of the well or mine:                                                                               
19  (Describe real estate) .............................................................................................. 
20 and this financing statement is to be recorded [FILED FOR RECORD] in the real                                        
21 estate records.  (If the debtor does not have an interest of record)  The name of a                                     
22 record owner is                                                                                                         
23 ....................................................................................................................... 
24   (4)  (If products of collateral are claimed) Products of the collateral are                                          
25 also covered.                                                                                                           
26  Signature of debtor (or assignor)* ..........................................................................         
27  Signature of secured party (or assignee)* .............................................................               
28  * (use whichever is applicable)                                                                                       
29    * Sec. 11.  AS 45.09.407(b) is amended to read:                                                                      
30  (b)  Upon written request of a person, the filing officer shall issue a certificate                                 
31 showing whether there is on file, on the date and hour stated in it, a currently active                               
01 [PRESENTLY EFFECTIVE] financing statement naming a particular debtor and a                                              
02 statement of assignment of it, and if there is, giving the date and hour of filing of each                              
03 such statement and the names and addresses of each secured party in it. The uniform                                     
04 fee for the certificate is as prescribed by the Department of Natural Resources for each                                
05 financing statement and for each statement of assignment reported in the financing                                      
06 statement; the department [DEPARTMENT OF NATURAL RESOURCES] may                                                       
07 establish an extra uniform fee for requests for certificates which are not in the standard                              
08 form prescribed by the department.  Upon written request, the filing officer shall                                    
09 furnish a copy of a filed financing statement or statement of assignment for a uniform                                  
10 fee as prescribed by the department [DEPARTMENT OF NATURAL RESOURCES].                                                
11    * Sec. 12.  AS 40.05.030; AS 40.17.040(b); and AS 44.37.025(d) are repealed.                                         
12    * Sec. 13.  TRANSITIONAL PROVISION:  ADOPTION OF REGULATIONS.  The                                                   
13 Department of Natural Resources may proceed to adopt regulations necessary to implement                                 
14 the changes made by secs. 2 - 8 of this Act.  The regulations take effect under AS 44.62                                
15 (Administrative Procedure Act), but not before the effective date of secs. 1 - 12 of this Act.                          
16    * Sec. 14.  Section 13 of this Act takes effect immediately under AS 01.10.070(c).                                   
17    * Sec. 15.  Sections 1 - 12 of this Act take effect July 1, 1996.