Legislature(1995 - 1996)

1996-02-09 Senate Journal

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1996-02-09                     Senate Journal                      Page 2353
SB 283                                                                       
SENATE BILL NO. 283 BY THE SENATE 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.                                           
was read the first time and referred to the Resources, State Affairs           
and Finance Committees.                                                        
Fiscal note published today from Department of Natural Resources.              

1996-02-09                     Senate Journal                      Page 2354
SB 283                                                                       
Governor's transmittal letter dated February 9:                                
Dear President Pearce:                                                         
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 would permit the recording of                
documents without having to follow the complicated classification              
system in current law.  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.                                                       
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.                                             

1996-02-09                     Senate Journal                      Page 2355
SB 283                                                                       
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.                                              
						Tony Knowles