00                            HOUSE BILL NO. 221                                                                          
01 "An Act relating to subdivision of unplatted land in second class boroughs; and                                         
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 29.35.210(b) is amended to read:                                                                   
05            (b)  A second class borough may by ordinance exercise the following powers                                   
06       on an areawide basis:                                                                                             
07                 (1)  provide transportation systems;                                                                    
08                 (2)  license, impound, and dispose of animals;                                                          
09                 (3)  provide air pollution control under AS 46.14.400;                                                  
10                 (4)  provide water pollution control;                                                                   
11                 (5)  license day care facilities;                                                                       
12                 (6)  establish an energy and resilience improvement assessment                                          
13       program under AS 29.55.100 - 29.55.165;                                                                       
14                 (7)  establish an exemption process to permit the owner of land                                     

01 located in a subdivision to file or record in a public recorder's office a plat, or                                 
02 other document depicting subdivided land, that has not been approved by the                                         
03       platting authority.                                                                                           
04    * Sec. 2. AS 29.40.180(a) is amended to read:                                                                      
05 (a)  The owner of land located in a subdivision may not transfer, sell, offer to                                        
06 sell, or enter into a contract to sell land in a subdivision before a plat of the                                       
07 subdivision has been prepared, approved, filed, and recorded in accordance with this                                    
08 chapter. A person may not file or record in a public recorder's office a plat or other                              
09 document depicting subdivided land [IN A PUBLIC RECORDER'S OFFICE] unless                                               
10       the plat or document                                                                                              
11                 (1)  has been approved by the platting authority; or                                            
12                 (2)  meets the requirements of an exemption process established                                     
13       under AS 29.35.210(b)(7) by the borough in which the land is located.                                         
14    * Sec. 3. AS 40.15.070(a) is amended to read:                                                                      
15 (a)  If land proposed to be subdivided or dedicated is situated within a                                                
16 municipality that has the power of land use regulation and that is exercising platting                                  
17 authority, the proposed subdivision or dedication shall be submitted to the municipal                                   
18 platting authority for approval. Except as provided in AS 29.40.180(a)(2), a [A]                                    
19 subdivision may not be filed and recorded until it is approved by the platting authority.                               
20    * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).