Legislature(2007 - 2008)CAPITOL 17
02/15/2008 03:00 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB295 | |
| HB271 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 295 | TELECONFERENCED | |
| *+ | HB 271 | TELECONFERENCED | |
HB 295-RECORDED OR FILED DOCUMENTS 3:02:36 PM CHAIR OLSON announced that the first order of business would be HOUSE BILL NO. 295, "An Act relating to the filing or recording of documents and records with the Department of Natural Resources, to the inspection and copying of filed and recorded documents, and to the filing of secured transaction records under the Uniform Commercial Code; and providing for an effective date." NANCY MANLY, Staff to Representative Bob Lynn, Alaska State Legislature, explained that the advancing technology in the State Recorder's Office has reached a point of "instant recording." She characterized HB 295 as primarily a cleanup bill to allow this to happen. This bill would amend three areas in statute to enable the return of original documents to the presenter at the time of recording, to ensure all required recording information is located on the document, to delete references to filming or scanning daily recordings, to remove all references to court authority over the recorder's office, and would update Uniform Commercial Code (UCC) forms, references and statutes, and to conform with national standards. This bill would also require that documents presented for recording contain the name of the recording district in which the document is to be recorded. The State Recorder's Office requested HB 295 and any questions be directed to the State Recorder's Office. In response to Representative Gardner, Ms. Manly answered that no one has contacted the bill's sponsor in opposition to HB 295. 3:04:44 PM VICKY BACKUS, State Recorder, State Recorder's Office, Division of Support Services, Department of Natural Resources (DNR), also characterized HB 295 as primarily cleanup legislation, but noted that the bill will pave the way to allow for electronic recording. The proposed changes to AS 40.17 will change the way a document is returned to the person after it is recorded. Currently, the recorder's office must return the original document to the person designated on the document after it has been recorded internally. The division requests that the document be returned to either the person named on the instrument, or to the presenter at the time of recording. Another division request is to amend statute to require that recording district information be on the document. Current statute allows this information to be submitted verbally or in a cover letter. However, if the information is not on the document, the recorder's office must create a verbal form or retain the cover letter which identifies the desired recording district. Subsequently, the form and cover letter must be filmed, scanned, and retained for future reference. Additionally, proposed AS 40.25 would remove a requirement that the recorder's office provide facilities for copying the public record. Previously, the division's backlog for filming necessitated an outside vendor film the records. Since the recorder's office has been current for quite some time, the statutory requirement is no longer necessary. This proposed section will also remove a reference for the recorder's office to be under the court's jurisdiction. However, the recorder's office has not been under its jurisdiction since 1977. She offered that proposed changes to AS 45.29 would allow the DNR to adopt regulations specifying acceptable Uniform Commercial Code (UCC) forms, along with the authority to reject documents submitted on old forms. This change is to prevent filers from including their social security number (SSN), she explained. In fact, the old forms currently in use and authorized by statute include a space for the SSN. Thus, people continue to provide this private information. The use of the new national form will eliminate that field, she noted. 3:07:42 PM MS. BACKUS, in response to Representative Neuman, answered that there are no other departments that officially record the public record. REPRESENTATIVE NEUMAN related his understanding that the Department of Natural Resources maintains all public records and further inquired about birth and death certificates. MS. BACKUS, in further response to Representative Neuman, explained that the permanent public record of Alaska primarily consists of real estate documents. She offered that birth certificates and death certificates are not considered public records. 3:09:57 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on HB 295. 3:10:15 PM REPRESENTATIVE NEUMAN moved to report HB 295 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 295 was reported from the House Labor and Commerce Standing Committee.
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