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SB 100: "An Act relating to municipal liens."

00                             SENATE BILL NO. 100                                                                         
01 "An Act relating to municipal liens."                                                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 09.45.169(2) is amended to read:                                                                   
04                 (2)  "nonconsensual common law lien" means a lien on real or personal                                   
05       property that                                                                                                     
06                      (A)  is not provided for by a specific state or federal statute or                             
07            municipal ordinance;                                                                                     
08                      (B)  does not depend on the consent of the owner of the                                            
09            property affected for its existence; and                                                                     
10                      (C)  is not an equitable, constructive, or other lien imposed by a                                 
11            court recognized under state or federal law;                                                                 
12    * Sec. 2. AS 11.46.560(a) is amended to read:                                                                      
13            (a)  A person commits the crime of offering a false instrument for recording in                              
14       the second degree if                                                                                              
15                 (1)  under AS 40.17, the person presents a lien to the recorder for                                     
01       registration, filing, or recording with reckless disregard that the lien is not                                   
02                      (A)  provided for by a specific state or federal statute or                                    
03            municipal ordinance; or                                                                                  
04                      (B)  a lien imposed or authorized by a court recognized under                                      
05            state or federal law;                                                                                        
06                 (2)  under a law authorizing the receipt and filing of a document, the                                  
07       person presents a lien to a department or person having responsibility to accept a lien                           
08       for filing with reckless disregard that the lien is not                                                           
09                      (A)  provided for by a specific state or federal statute or                                    
10            municipal ordinance; or                                                                                  
11 (B)  a lien imposed or authorized by a court recognized under                                                           
12            state or federal law; or                                                                                     
13 (3)  the person presents to the recorder a notice of the pendency of an                                                 
14 action affecting title to real property or the right to possession of real property with                                
15 reckless disregard of the fact that the action specified does not concern the title to or                               
16 right to possession of the real property referred to in the notice, or with reckless                                    
17 disregard of the fact that there is no pending action concerning the title to or right to                               
18       possession of the real property referred to in the notice.                                                        
19    * Sec. 3. AS 29.35.010 is amended to read:                                                                         
20 Sec. 29.35.010. General powers. All municipalities have the following                                                 
21       general powers, subject to other provisions of law:                                                             
22 (1)  to establish and prescribe a salary for an elected or appointed                                                    
23       municipal official or employee;                                                                                   
24                 (2)  to combine two or more appointive or administrative offices;                                       
25 (3)  to establish and prescribe the functions of a municipal department,                                                
26       office, or agency;                                                                                                
27 (4)  to require periodic and special reports from a municipal department                                                
28       to be submitted through the mayor;                                                                                
29 (5)  to investigate an affair of the municipality and make inquiries into                                               
30       the conduct of a municipal department;                                                                            
31 (6)  to levy a tax or special assessment, and impose a lien for its                                                     
01       enforcement;                                                                                                      
02                 (7)  to enforce an ordinance and to prescribe a penalty for violation of                                
03       an ordinance;                                                                                                     
04 (8)  to acquire, manage, control, use, and dispose of real and personal                                                 
05 property, whether the property is situated inside or outside the municipal boundaries;                                  
06 this power includes the power of a borough to expend, for any purpose authorized by                                     
07 law, money received from the disposal of land in a service area established under                                       
08       AS 29.35.450;                                                                                                     
09                 (9)  to expend money for a community purpose, facility, or service for                                  
10 the good of the municipality to the extent the municipality is otherwise authorized by                                  
11 law to exercise the power necessary to accomplish the purpose or provide the facility                                   
12       or service;                                                                                                       
13 (10)  to regulate the operation and use of a municipal right-of-way,                                                    
14       facility, or service;                                                                                             
15                 (11)  to borrow money and issue evidences of indebtedness;                                              
16 (12)  to acquire membership in an organization that promotes                                                            
17       legislation for the good of the municipality;                                                                     
18 (13)  to enter into an agreement, including an agreement for                                                            
19 cooperative or joint administration of any function or power with a municipality, the                                   
20       state, or the United States;                                                                                      
21                 (14)  to sue and be sued;                                                                               
22 (15)  to provide facilities or services for the confinement and care of                                                 
23 prisoners and enter into agreements with the state, another municipality, or any person                                 
24       relating to the confinement and care of prisoners;                                                                
25 (16)  to receive grants from and contract with the Department of Public                                                 
26       Safety under AS 18.65.670;                                                                                    
27 (17)  to provide by ordinance for the creation, recording, and                                                      
28 notice of a lien on real or personal property to secure payment of past due utility                                 
29 fees, costs incurred by the municipality in the abatement of an unsafe or                                           
30 dangerous building, and other fees and charges provided for by ordinance;                                           
31 except as otherwise provided by state law, when recorded, a municipal lien under                                    
01       this paragraph has priority over all other liens except                                                       
02                      (A)  liens for property taxes, special assessments, and sales                                  
03            and use taxes;                                                                                           
04                      (B)  liens that were perfected before the recording of the lien                                
05            under this paragraph;                                                                                    
06                      (C)  liens that, under state law, are prior, paramount, and                                    
07            superior to all other liens; and                                                                         
08                      (D)  mechanics' and materialmen's liens for which claims of                                    
09            lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have                              
10            been recorded before the recording of the lien under this paragraph.                                     
11    * Sec. 4. AS 34.35.950(d)(2) is amended to read:                                                                   
12                 (2)  "nonconsensual common law lien" means a lien on real or personal                                   
13       property that                                                                                                     
14                      (A)  is not provided for by a specific state or federal statute or                             
15            municipal ordinance;                                                                                     
16                      (B)  does not depend on the consent of the owner of the                                            
17            property affected for its existence; and                                                                     
18                      (C)  is not an equitable, constructive, or other lien imposed by a                                 
19            court recognized under state or federal law;