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;