04/07/2017 01:30 PM Senate JUDICIARY

        SB 100-MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY                                                                    
                                                                                                                                
2:32:47 PM                                                                                                                    
CHAIR COGHILL announced the consideration of SB 100.                                                                            
                                                                                                                                
2:33:27 PM                                                                                                                    
SENATOR  DENNIS EGAN,  Alaska State  Legislature,  sponsor of  SB
,  introduced  the  bill speaking  to  the  following  sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
     SB 100  is at the  request of  a number of  Alaska city                                                                    
     attorneys.  It fixes  an  unintended  consequence of  a                                                                    
     1998  bill aimed  at ending  unauthorized 'common  law'                                                                    
     liens that were being used  to go after public servants                                                                    
     when individuals disagreed with a government action.                                                                       
                                                                                                                                
     Liens are  a tool local governments  across America use                                                                    
     to  recoup  unpaid  costs   of  providing  services  or                                                                    
     abating  dangerous situations.  In  Alaska, many  rural                                                                    
     municipalities  provide  utility   services  for  their                                                                    
     communities. Those municipalities  use liens to collect                                                                    
     from people who use services  but don't pay. Liens have                                                                    
     historically   also   been   used  to   recover   local                                                                    
     governments' costs  when they have to  abate dangerous,                                                                    
     dilapidated, or public nuisance properties.                                                                                
                                                                                                                                
     In  2012, the  Alaska Supreme  Court held  that because                                                                    
     liens based  solely on municipal law  were not included                                                                    
     in  the  code  of   civil  procedure,  municipal  liens                                                                    
     without a hook to some  other state law were not valid.                                                                    
     SB 100 puts the tools  back in municipalities' hands by                                                                    
     giving liens under municipal law  the same authority as                                                                    
     state and federal law liens under Alaska statutes.                                                                         
                                                                                                                                
2:35:33 PM                                                                                                                    
SENATOR COSTELLO asked if he was aware of any opposition to the                                                                 
bill.                                                                                                                           
                                                                                                                                
SENATOR EGAN said no.                                                                                                           
                                                                                                                                
CHAIR COGHILL held SB 100 in committee for further review.