Legislature(1995 - 1996)
1996-02-09 House Journal
Full Journal pdf1996-02-09 House Journal Page 2693 HB 491 HOUSE BILL NO. 491 by the House Rules Committee by request of the Governor, entitled: 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. 1996-02-09 House Journal Page 2694 HB 491 was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal note applies: Indeterminate fiscal note, Dept. of Natural Resources, 2/9/96 The Governor's transmittal letter, dated February 9, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec 18, of the Alaska Constitution, I am transmitting a bill relating to changes in state recording laws administered by the Department of Natural Resources. This bill clarifies the criteria for the recording of documents by the department and provides changes to improve the efficiency of the recording function, a service that is provided to all Alaskans through recording offices located in fourteen rural and urban locations across the state. Comprehensive changes were made to recording laws in 1988. A number of provisions were consolidated and a classification system identifying documents eligible for recording was enacted. In practice, this system has required significant staffing time to determine whether a document offered for recording falls within one or more of the specific statutory classifications. Further, because of the ambiguities in the current recording statutes, recording staff have frequently had to step beyond mere ministerial functions when processing documents in an effort to apply the current cumbersome statutory language. The changes proposed in this bill permit the recording of any document that meets the minimum requirements necessary. Additional specific acceptance requirements apply only to a limited number of documents, such as conveyances and subdivision plats. Some minor changes regarding filings under the Uniform Commercial Code (UCC) are also addressed. The bill adds a provision requiring the maintenance of a central office within the Department of Natural Resources for the filing of secured transaction documents under the UCC. 1996-02-09 House Journal Page 2695 HB 491 The bill also repeals several obsolete or redundant provisions including one concerning duplicate copies of documents relating to mining properties; a provision regarding indexing of common interest community documents; and a provision requiring reports to the Department of Commerce and Economic Development concerning conveyances to nonresident aliens. By removing such ambiguities and conflicts within the current recording statutes, this bill will streamline the workflow of the recording process and reduce the amount of time currently spent reviewing documents offered for recording. This will also reduce the numbers of documents that are rejected. These proposed efficiencies will enable the recording system to direct necessary resources to the archival projects now underway to improve the permanent public records for the benefit of future generations of Alaskans. I urge your passage of this bill. Sincerely, /s/ Tony Knowles Governor