Title 40. Public Records and Recorders.
Chapter 05. Records Affecting Mining Claims.Sec. 40.05.010. Purpose.
The purpose of this chapter is to enable the Department of Natural Resources to accumulate and disseminate information on the status of mining ground in the performance of its prescribed duties.
Sec. 40.05.020. Reports of instruments affecting mining properties.
The recorder of each recording district shall prepare and forward to the Department of Natural Resources, by the 10th day of each month, a copy of each new mining claim, mining leasehold, prospecting site location certificate, or other document indexed by the recorder as a mining document recorded during the preceding month.
Sec. 40.05.030. Duplicate copies required. [Repealed, § 14 ch 119 SLA 1996.]
Chapter 10. Uniform Foreign Acknowledgment Act. [Repealed, § 6 ch 37 SLA 1981. For current law, see AS 09.63.050 09.63.130.]
Chapter 15. Subdivisions and Dedications.
Article 1. Recording of Plats.
Sec. 40.15.010. Approval, filing, and recording of subdivisions.
Before the lots or tracts of any subdivision or dedication may be sold or offered for sale, the subdivision or dedication shall be approved by the authority having jurisdiction, as prescribed in this chapter and shall be filed and recorded in the office of the recorder. The recorder may not accept a subdivision or dedication for filing and recording unless it shows this approval.
Sec. 40.15.020. Plats to be acknowledged and contain certificate that taxes and assessments are paid.
Every plat shall be acknowledged before an officer authorized to take acknowledgment of deeds. A certificate of acknowledgment shall be endorsed on or annexed to the plat and recorded with it. A person filing and recording a plat, map, subdivision, or replat of property, or vacating the whole or any portion of an existing plat, map, subdivision, or replat shall file and record with it a certificate from the tax-collecting official or officials of the area in which the land is located that all taxes levied against the property at that date are paid.
Sec. 40.15.030. Dedication of streets, alleys, and thoroughfares.
When an area is subdivided and a plat of the subdivision is approved, filed, and recorded, all streets, alleys, thoroughfares, parks and other public areas shown on the plat are considered to be dedicated to public use.
Sec. 40.15.040. Certified copy of plat as evidence.
A copy of a plat certified by the recorder of the recording district in which it is filed or recorded as a true and complete copy of the original filed or recorded in the recording office for the district is admissible in evidence in all courts in the state with the same effect as the original.
Sec. 40.15.050. Plats legalized.
All plats filed or recorded with the recorder before March 30, 1953, whether executed and acknowledged in accordance with this chapter or not, are validated and all streets, alleys, or public thoroughfares shown on these plats are considered to be dedicated to public use. The last plat of the area of record on March 30, 1953, is the official plat of the area as of that date, and the streets, alleys, or thoroughfares shown on it are considered to be dedicated to public use. The streets, alleys, or thoroughfares shown on an earlier plat of the same area, or any part of it, that are in conflict with those shown on the official plat are considered to be abandoned and vacated.
Sec. 40.15.060. Missing plats.
When a filed or recorded plat is missing and a present record is not available except by reference to the missing plat, a counterpart copy approved by the platting authority may be filed and recorded as of the original date of the missing plat and after filing and recording has the same legal effect and notice as the original missing plat.
Article 2. Control of Plats, Subdivisions, and Dedications.
Sec. 40.15.070. Platting authority.
(a) If land proposed to be subdivided or dedicated is situated within a municipality that has the power of land use regulation and that is exercising platting authority, the proposed subdivision or dedication shall be submitted to the municipal platting authority for approval. A subdivision may not be filed and recorded until it is approved by the platting authority.
(b) The Department of Natural Resources is the platting authority in the areas of the state not described in (a) of this section.
Sec. 40.15.075. Authority in the unorganized borough and third class boroughs. [Repealed, § 12 ch 40 SLA 1998.]
Secs. 40.15.080 , 40.15.090. Procedure on plats; waiver. [Repealed, § 69 ch 69 SLA 1970.]
Secs. 40.15.100 40.15.180. Information required; penalties; vacation and change of plats and streets. [Repealed, § 1 ch 118 SLA 1972.]
Article 3. Applicability.
Sec. 40.15.190. [Renumbered as AS 40.15.290.]
Sec. 40.15.200. Application to state and political subdivisions.
All subdivisions of land made by the state, its agencies, instrumentalities, and political subdivisions are subject to the provisions of AS 40.15.010 40.15.200 and AS 29.40.070 29.40.160, or home rule ordinances or regulations governing subdivisions, and shall comply with ordinances and other local regulations adopted under AS 40.15.010 40.15.200 and AS 29.40.070 29.40.160 or former AS 29.33.150 29.33.240, or under home rule authority, in the same manner and to the same extent as subdivisions made by other landowners.
Sec. 40.15.290. Definitions. [Repealed, § 12 ch 40 SLA 1998.]
Article 4. Platting in Areas Outside Certain Municipalities.
Sec. 40.15.300. Purposes of AS 40.15.300 40.15.380.
The purposes of AS 40.15.300 40.15.380 are to provide the public with an improved mechanism for the recording of plats for subdivisions in areas of the state identified in AS 40.15.305(a) and to ensure that provision has been made for access to those subdivisions. AS 40.15.300 40.15.380 are not intended to provide the state with any authority to establish engineering or other standards for subdivisions beyond those expressly set out in AS 40.15.300 40.15.380.
Sec. 40.15.305. Examination of plats before recording.
(a) The commissioner shall exercise the platting authority for the state except within a municipality that has the power of land use regulation and that is exercising platting authority.
(b) The commissioner shall review and approve each plat under AS 40.15.300 40.15.380 before the plat is recorded under AS 40.17. The approval by the commissioner shall be affixed to the plat in the form of the following statement:
PLAT APPROVAL This plat is approved by the commissioner of natural resources, or the commissioners designee, in accordance with AS 40.15. _____________________________________________________ _____________________________________________________ Commissioner Date (c) The recorder may not accept for filing and recording a plat for which the commissioners approval is required under this section without the approval of the commissioner endorsed on the plat.
(d) Within 45 days after a plat is filed, the commissioner shall approve the plat or return it to the applicant for modification or correction. Unless the applicant for plat approval consents to an extension of time, the plat is approved and a certificate of approval shall be issued by the commissioner if the commissioner fails to act within that period. The commissioner shall state in writing reasons for disapproval of a plat.
(e) A recorded plat may not be altered or replatted except on petition of the state, a municipality, a public utility, or the owner of a majority of the land affected by the proposed alteration or replat. The petition shall be filed with the commissioner and shall be accompanied by a copy of the existing plat showing the proposed alteration or replat. The provisions of AS 29.40.130 and 29.40.140(a) apply to an alteration or replat submitted under this subsection. The provisions of (d) of this section do not apply to an alteration or replat petition, but the commissioner shall state in writing reasons for disapproval of the petition.
(f) In the case of a vacation of a street, right-of-way, or other public area, the provisions of AS 29.40.140(b) and 29.40.160(a) and (b) apply. When applying these provisions to land outside a municipality, the word municipality should be read as state when the context requires.
(g) Notwithstanding another provision of AS 40.15.300 40.15.380, the commissioner shall approve, without review under AS 40.15.300 40.15.380, a plat under AS 38.04.045 that consists solely of land owned by the state. The commissioner may not charge a fee for the approval under this subsection.
Sec. 40.15.310. Requirements for plat approval.
(a) Each plat must show on its face a certificate of ownership, with the names and addresses of each owner listed. Each owner of record shall sign the certificate, and the signatures shall be acknowledged.
(b) The surveyor preparing the plat shall sign and affix the seal of the surveyor.
Sec. 40.15.320. Monuments.
(a) In a subdivision with five or fewer lots, the existence of at least a 5/8 inch by 24 inch rebar and cap monument at controlling exterior corners of the subdivision shall be established by the surveyor.
(b) In a subdivision of more than five lots, each interior corner shall be monumented with at least a 5/8 inch by 24 inch rebar and cap.
(c) If a monument of record does not lie on the parcel or tract boundary, the plat shall reflect a boundary survey and tie to a monument of record.
Sec. 40.15.330. Plat standards.
The commissioner shall establish plat standards by regulation.
Sec. 40.15.340. Engineering standards.
Except for subdivisions of state land, the commissioner may not establish engineering standards for subdivisions.
Sec. 40.15.350. Certified copy of plat as evidence.
A copy of a plat certified by the recorder of the recording district in which it is filed or recorded as a true and complete copy of the original filed or recorded in the recording office for the district is admissible in evidence in all courts in the state with the same effect as the original.
Sec. 40.15.360. Applicability.
The provisions of AS 40.15.300 40.15.380 do not apply to maps, site plans, or other graphic representations prepared for
(1) the purpose of transferring a leasehold interest; the extraction of natural resources; or solely for the issuance of licenses or permits; or
(2) disposing of land by aliquot part descriptions of 40 acres or more within surveyed sections provided that the least aliquot part unit shall be not less than a 1/4 1/4 section.
Sec. 40.15.370. Regulations.
The commissioner may adopt regulations to implement the provisions of AS 40.15.300 40.15.380, but only those that are necessary and that are in accordance with the purposes stated in AS 40.15.300.
Sec. 40.15.380. Applicability to governmental bodies; right-of-way acquisition plats.
(a) Except as provided in this section and AS 40.15.305(g), AS 40.15.300 40.15.380 apply to the state, its agencies, instrumentalities, and political subdivisions in the same manner and to the same extent that they apply to other landowners.
(b) A plat for a subdivision created by the acquisition by the state, its agencies, instrumentalities, or political subdivisions, of a right-of-way, airport parcel, or land for a similar public purpose in an area outside a municipality that has the power of land use regulation and that is exercising platting authority, is subject only to the approval provisions of this section and any provision of AS 40.15.300 40.15.380 not in conflict with this section.
(c) A right-of-way acquisition plat must contain the
(1) location and name of the acquisition project;
(2) approximate timetable for the acquisition and construction;
(3) dimensions and area of the proposed tract, parcel, or parcels to be acquired and the remainder of the parcel or parcels;
(4) name of the record owner or owners of the subject parcels;
(5) signature and seal of the surveyor preparing the plat.
(d) The commissioner shall review each right-of-way acquisition plat for compliance with this section. If the plat does not meet the requirements of this section, it shall be returned to the submitting agency with an explanation of the deficiencies. A plat for which the commissioners approval is required under AS 40.15.305 may not be recorded under AS 40.17 without the commissioners approval endorsed on the plat.
(e) After approval by the commissioner, the original plat shall be filed with the appropriate district recorder within 30 days by the submitting agency.
(f) The minimum monumentation requirements for
(1) right-of-way acquisition subdivisions are a 5/8 inch by 24 inch reinforcement bar with appropriate identification cap set points from which the right-of-way may be defined, not exceeding 1,320 feet or, when line of sight permits, 2,640 feet; all recovered monumented property corners of records, the lines of which are intersected by a right-of-way acquisition, shall be monumented as part of the right-of-way plat, either on the right-of-way line or at the original monument position;
(2) an airport parcel and land for a similar public purpose subdivision not defined by centerline shall be as provided in AS 40.15.320.
(g) If construction of improvements is scheduled to follow the right-of-way acquisition, the placement of the centerline monuments may be delayed until the improvements have been completed, in which case a statement designating the schedule for placing the monuments must be included on the plat.
(h) The state, its agencies, instrumentalities, or political subdivisions may acquire or obtain conveyances, including dedication of lots or tracts of a right-of-way acquisition plat, before submittal of a right-of-way acquisition plat for approval by the commissioner. A right-of-way acquisition conveyance may be recorded before approval and recording of the right-of-way acquisition plat.
Article 5. General Provisions.
Sec. 40.15.900. Definitions.
In this chapter,
(1) commissioner means the commissioner of natural resources;
(2) monument means a fixed physical object marking a point on the surface of the earth used to commence or control a survey or to establish a lot corner;
(3) plat means a map or delineated representation of a tract or parcel of land showing the subdivision of land into lots, blocks, streets, or other divisions;
(4) street means an access way in common use including all of the land lying within a dedicated right-of-way as delineated on a plat showing streets, whether improved or unimproved;
(A) means the division of a tract or parcel of land into two or more lots by the landowner or by the creation of public access, excluding common carrier and public utility access;
(B) does not include cadastral plats or cadastral control plats created by or on behalf of the United States Department of the Interior, Bureau of Land Management, regardless of whether these plats include easements or other public dedications;
(6) surveyor means an individual licensed to practice land surveying in the state under AS 08.48.
Chapter 17. Recording of Documents.Sec. 40.17.010. Place of recording and access to records.
(a) The Department of Natural Resources shall provide at each public office designated by the department
(1) the documents and indices or alternative document retrieval system of the recording district or districts served by that public office;
(2) a machine, device, or system with which to retrieve stored documents;
(3) a means for making copies of recorded documents and a person authorized by the recorder to certify the copies;
(4) to the extent money is appropriated for the purpose, a machine, device, or system capable of rapidly transmitting a document eligible for recording to a recorder at one place of recording in the state, and a person to operate the machine, device, or system; if the department determines that it is not feasible to provide a machine, device, or system in an office serving a recording district, it shall provide for transmitting documents from the office by other expeditious means;
(5) instructions that explain to the public the formal requirements that a document must satisfy to be recorded.
(b) The department shall provide the staff and equipment to receive and record documents and to store them permanently.
(c) When rapid recording and retrieval and secure storage of documents can be provided for all recording districts with a single place of recording in the state, the recorder shall record the documents at a single place in the state designated by the department.
(d) The recorder shall provide reasonable public access during business hours to recorded documents, indices, and facilities provided for in this section.
Sec. 40.17.020. Recording conveyances.
(a) A conveyance that is eligible for recording under AS 40.17.030 and 40.17.110 may be offered for recording only in the recording district in which land affected by the conveyance is located. If land affected by the conveyance is located in more than one recording district, an original conveyance may be offered for recording in the recording district in which part of the land is located and an original or a certified copy may be offered for recording in each other recording district in which part of the land is located. A certified copy recorded has the same effect from the time it is recorded as though it were the original conveyance.
(b) A certified copy of a conveyance that is eligible for recording under AS 40.17.030 and 40.17.110 and that has been recorded or filed in a public recorders office in another state or in the United States Bureau of Land Management may be offered for recording only in the recording district where land affected by the conveyance is located. When recorded, it has the same effect from the time it is recorded as though it were the original conveyance.
Sec. 40.17.030. Formal requisites for recording.
(a) Except as provided in (b), (c), and (e) of this section, to be eligible for recording, a document must
(1) contain original signatures;
(2) be legible or capable of being converted into legible form by a machine or device used in the recording office;
(3) be capable of being copied by the method used in the recording office;
(4) contain a title reflecting the overall intent of the document;
(5) contain the information needed to index the document under regulations of the department;
(6) contain a book and page reference or serial number reference if the document amends, corrects, extends, modifies, assigns, or releases a document previously recorded in this state;
(7) contain the name and address of a person to whom the document may be returned after recording;
(8) if it is a deed, contain the mailing addresses of all persons named in the document who grant or acquire an interest under the document;
(9) contain the name of the recording district in which it is to be recorded; and
(10) be accompanied by the applicable recording fee set by regulation; if the document is to be recorded for multiple purposes, it must be accompanied by the applicable fee for each of the multiple purposes.
(b) To be eligible for recording, a certified copy of an official document from a governmental office need only meet the requirements of (a)(2), (7), (9), and (10) of this section.
(c) To be eligible for recording, an exact or fully conformed copy of an original document must be accompanied by an affidavit of the person offering the document. The affidavit must meet the requirements of (a) of this section and must state that
(1) the exact or fully conformed copy was received by the person in the course of the transaction;
(2) the original is not in the persons possession; and
(3) the instrument offered for recordation is an exact or fully conformed copy.
(d) The recorder shall prescribe the style, size, form, and quality that a document, plat, plan, or survey map must satisfy for filing and recording under this chapter.
(e) A recording fee may not be charged to record a public recreational use easement under AS 34.17.100, and, notwithstanding (a)(10) of this section, the easement shall be eligible for recording.
Sec. 40.17.035. Recording criteria.
When determining whether a document may be recorded, the recorder may not
(1) consider whether the contents of the document are legally sufficient to achieve the purposes of the document;
(2) reject a document because the document
(A) does not satisfy the current requirements for recording if the document satisfied the requirements for recording that existed at the time the document was executed;
(B) serves more than one purpose;
(C) references an attached exhibit that is not labelled;
(D) is a certified copy of an official document that creates an interest in real property, that meets the requirements of AS 40.17.030(b), and that is from a governmental office; or
(3) require that a document that serves more than one purpose be recorded separately for each of the purposes; this paragraph does not prevent the multiple recording of the document if the person offering the document requests that the document be recorded for more than one of its purposes and the request is accompanied by the applicable recording fee for each of the multiple purposes.
Sec. 40.17.040. Indexing.
(a) The recorder shall maintain an index system for recorded documents in the manner prescribed by regulations adopted by the department. The system shall be designed so the public may find documents by location and by names of grantors and grantees, and the system may include other means for locating the documents.
(b) [Repealed, § 5 ch 119 SLA 1996.]
Sec. 40.17.050. Incorporation of master form.
A recorded master form, or a numbered paragraph of it, may be incorporated by reference in a recorded document by referring to the form by its recording information and the number of the paragraph to be incorporated. The reference has the same effect as if the master form or the numbered paragraph were reproduced in full in the record at the place where the reference to the form or paragraph is made.
Sec. 40.17.060. Documents executed under former law.
If a document was executed in accordance with the law in effect at the time the document was executed, the document remains recordable regardless of later amendments to the law changing the manner in which that document is to be executed.
Sec. 40.17.070. Duties of recorder; time recording is effective.
(a) The recorder shall promptly record all documents presented that are recordable under AS 40.17.030 and 40.17.110.
(b) The recorder shall maintain in the central recording office a daily log and index for recorded documents.
(c) As a document is recorded, the recorder shall indicate on or attach to each document the date, hour, and minute of recording, enter that information and a consecutive serial number in a daily log of documents without delay in the order in which the documents are received, and note the serial number on the document.
(d) If a document presented for recording is reviewed and rejected for recording, the recorder shall indicate on or attach to the document the date, hour, and minute of rejection and a citation of the statute requiring rejection. If the document is later determined to be recordable in the form in which it was earlier presented to the recorder, later recording does not relate back to the time and date of rejection. Recording is effective when the document is accepted for recording, regardless of the cause of the rejection.
(e) The recorder shall promptly copy recorded documents and place them in permanent records and shall note the recording information at the entry of each document in the daily log.
(f) Promptly after recording a document, the recorder shall make the index entries required in this chapter and in the regulations of the department.
(g) After recording, the recorder shall return the document to the person who presented it or a person designated by the person who presented it.
(h) The recorder shall certify copies and provide a certified copy of a recorded document to a person who tenders the proper fee.
(i) The recorder is not required to record part of a document if the part is identified and preceded by the words From Previously Recorded Master FormDo Not Record and the recorded part contains a reference to the master forms recording information.
Sec. 40.17.075. Account.
Under AS 37.05.146(c), fees for services of the recorder collected under this chapter shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.
Sec. 40.17.080. Effect of recording on title and rights; constructive notice.
(a) Subject to (c) and (d) of this section, from the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is constructive notice of the contents of the document to subsequent purchasers and holders of a security interest in the same property or a part of the property.
(b) A conveyance of real property in the state, other than a lease for a term of less than one year, is void as against a subsequent innocent purchaser in good faith for valuable consideration of the property or a part of the property whose conveyance is first recorded. An unrecorded conveyance is valid as between the parties to it and as against one who has actual notice of it. In this subsection, purchaser includes a holder of a consensual interest in real property that secures payment or performance of an obligation.
(c) The recording of an assignment of a security interest is not in itself notice to the debtor. The debtor may pay the assignor unless the debtor has actual notice of the assignment.
(d) A recorded option or agreement to enter into a contract in the future ceases to be constructive notice for any purpose
(1) when six months have elapsed after the date of recording of the option or agreement, if the recorded option or agreement contains no expiration date;
(2) when 30 days have elapsed after the expiration date of the option or agreement, if the recorded option or agreement contains an expiration date.
Sec. 40.17.090. Conveyances and recorded documents as evidence.
(a) A conveyance that is acknowledged, proven, or certified under AS 34.15.150 34.15.250 is admissible as evidence of the conveyance without further proof.
(b) An acknowledged and recorded signed document relating to title to real property creates presumptions with respect to title that
(1) the document is genuine and was executed as the voluntary act of the person purporting to execute it;
(2) the person executing the document and the person on whose behalf it is executed are the persons they are purported to be and the person executing it was neither incompetent nor a minor at any relevant time;
(3) delivery of the document occurred notwithstanding a lapse of time between dates on the document and the date of recording;
(4) any necessary consideration was given;
(5) the grantee, transferee, or beneficiary of an interest created or claimed by the document acted in good faith at all relevant times up to and including the time of the recording;
(6) a person purporting to act as an agent, attorney-in-fact under a recorded power of attorney or authority, officer of an organization, or in a fiduciary or official capacity, held the position the person purported to hold, acted within the scope of the persons authority, and in the case of an organization, the authorization satisfied all requirements of law; and in the case of an agent, acted for a principal who was neither incompetent nor a minor at any relevant time and who had not revoked the agency;
(7) if the document purports to be executed in accordance with or to be a final determination in a judicial or administrative proceeding, or to be executed under a power of eminent domain, the court, official body, or condemnor acted within its jurisdiction and all steps required for the execution of the title document were taken;
(8) the recitals and other statements of fact in a conveyance are true if the matter stated is relevant to the purpose of the document;
(9) the persons named in, signing, or acknowledging the document and persons named in, signing, or acknowledging another related document in a chain of title are identical, if the persons appear in those documents under identical names, or under variants of the names, including inclusion, exclusion, or use of
(A) commonly recognized abbreviations, contractions, initials, or colloquial or other equivalents;
(B) first or middle names or initials;
(C) simple transpositions that produce substantially similar pronunciations;
(D) articles or prepositions in names or titles;
(E) descriptions of entities as corporations, companies, or abbreviations or contractions of either; or
(F) name suffixes, such as Senior or Junior, unless other information appears of record indicating that they are different persons; and
(10) all other requirements for the execution, delivery, and validity of the document have been satisfied.
(c) The presumptions stated in (b) of this section arise even if the document purports only to release a claim or convey an interest of the person executing it or of the person on whose behalf it is executed.
(d) Facts stated in a recorded certificate of a public official in affidavit form or under the seal of the officials office and derived from information or documents obtained or kept by the official as part of official duties are presumed to be true.
(e) If presumptions created by this section are inconsistent, the presumption applies that is founded upon weightier consideration of policy and logic. If these considerations are of equal weight, neither presumption applies.
Sec. 40.17.100. Recording a reconveyance.
When the parties to a recorded conveyance absolute in its terms intend it to serve only as security for repayment of a debt, the conveyance is absolute as to all persons who rely upon it in good faith and for value before a reconveyance is recorded.
Sec. 40.17.110. Documents eligible for recording.
(a) Subject to (b) (d) of this section, a document that meets the requisites for recording under AS 40.17.030 may be recorded.
(b) If the document to be recorded is a conveyance, power of attorney, contract for the sale or purchase of real property, or option for the purchase of real property, the document must be acknowledged.
(c) If the document to be recorded is a subdivision plat, the document must comply with the requirements of AS 40.15.
(d) If the document is a declaration under AS 34.08, it must comply with the requirements of AS 34.08.090(b).
Sec. 40.17.120. Recording memorandum of lease.
(a) Recording a memorandum of lease substantially complying with (b) of this section has the same effect as recording the lease.
(b) A memorandum of lease is a document signed by the lessor and lessee and containing a reference to an unrecorded lease, sublease, or agreement to lease or sublease, and supplying at least the following information:
(1) the names of the parties;
(2) addresses of the parties set out in the lease;
(3) the date of the lease;
(4) a description of the real property leased or subleased;
(5) the commencement and termination dates of the lease if fixed and, if not fixed, the method by which the dates are to be fixed; and
(6) a statement of the conditions upon which a party may exercise a right to extend or renew the lease or to exercise a right to purchase or refuse to purchase the real property or part of it.
Sec. 40.17.125. Recording affidavits related to manufactured homes.
(a) A recorder shall record an affixation affidavit and a severance affidavit if the affidavit meets the requirements for recording under AS 40.17.030 and is offered for recording in the recording district where the real property to which the manufactured home affixed is located.
(b) A recording officer shall place on the recorded affidavit
(1) the indexing information for the recorded affidavit; and
(2) an indication that the recorded affidavit was recorded.
(c) In this section,
(1) affidavit means an affixation affidavit or a severance affidavit;
(2) affixation affidavit has the meaning given in AS 34.85.190;
(3) manufactured home has the meaning given in AS 45.29.102;
(4) recorded affidavit means an affidavit recorded under this section;
(5) severance affidavit has the meaning given in AS 34.85.190.
Sec. 40.17.130. Action against recorder and state.
If the recorder fails to record and index a document properly, the recorder may be compelled to record and index the document properly by an action filed in the superior court.
Sec. 40.17.900. Definitions.
In this chapter,
(1) acceptance means the determination by the recorder that a document is recordable under this chapter accompanied by marking an identifying code on the document and entering the document in a daily log;
(2) certified copy means a copy of a document certified as correct by the custodian or other person authorized to make the certification;
(3) conveyance means a transfer of an interest in real property other than by will or operation of law;
(4) department means the Department of Natural Resources;
(5) document means a writing, plat, plan, or map, and includes information in a form, such as electronic, mechanical, or magnetic storage; microfilm; or electronic data transmission signals, that can be converted into legible writing, plat, plan, or map form by a machine or device;
(6) place of recording means a place designated by the department where documents recordable under this chapter are recorded;
(7) record means the acceptance of a document by the recorder that the recorder has determined is recordable under this chapter and that is presented for recording in the place of recording designated for the recording district where affected property is located whether or not the place of recording is in that district, and whether or not under applicable law the recorder is directed to record the document;
(8) recorder means the commissioner of the department or the commissioners designee;
(9) recording district means a part of the state designated a recording district under AS 44.37.025; and
(10) recording information means information needed to find a document in the public records such as book and page, document number, electronic retrieval code, or other specific information.
Chapter 18. Preservation of Public Records.[Repealed, § 3 ch 191 SLA 1970.]
Chapter 19. Recording Federal Liens.Sec. 40.19.010. Applicability.
The provisions of this chapter apply to federal tax liens and to other federal liens notice of which under an Act of Congress or a regulation adopted under the authority of an Act of Congress is required or permitted to be filed or recorded in the same manner as a notice of federal tax lien.
Sec. 40.19.020. Place of recording.
(a) Notices of liens, certificates, and other notices affecting a federal tax lien or other federal lien shall be recorded under this chapter.
(b) Notices of lien upon real property for obligations payable to the United States and certificates and notices affecting the lien shall be recorded in the records of the recording district in which the real property subject to the lien is situated.
(c) Notices of federal lien upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the lien shall be recorded in the records of the recording district where the person against whose interest the lien applies resides at the time of recording of the notice of lien.
(d) For purposes of (c) of this section the residence of a corporation or partnership is the place in which the principal executive office of the business is located.
Sec. 40.19.030. Execution of notices and certificates.
Certification of notices of lien, certificates, or other notices affecting federal liens by the United States Secretary of the Treasury or by the designee of the United States Secretary of the Treasury, or by an official or entity of the United States responsible for filing, recording, or certifying, of notice of any other lien, entitles the notices or certificates to be recorded and further attestation, certification, or acknowledgement is not necessary.
Sec. 40.19.040. Duties of recorder.
(a) If a notice of federal lien, a rerecording of notice of federal lien, or a notice of revocation of a certificate described in (b) of this section is presented to the recorder under AS 40.17, the recorder shall endorse on the notice an identification and the date and time of recording and enter it first in the daily log of documents and then in an alphabetical index showing the name of the person named in the notice, the date and time of recording, the title of the official or entity certifying the lien, and the total amount appearing on the notice of lien.
(b) If a rerecorded notice of federal lien referred to in (a) of this section or a certificate of release, nonattachment, discharge, or subordination of lien or a revocation of any of these certificates is presented to the recorder for recording, the recorder shall record it in the way a document listed in (a) of this section would be recorded and shall enter the rerecorded notice or the certificate or revocation with the date of recording in the alphabetical index together with a reference to the recording information for the original notice or certificate to which it relates.
(c) A lien on file with records of a recording district on January 1, 1989 is considered to have been recorded at the date and time it was filed.
(d) The provisions of this section apply to a notice of a lien created under AS 14.43.149(a) and to documents relating to that lien.
(e) In this section rerecording includes recording of a lien previously filed.
Sec. 40.19.050. Uniformity of application and construction.
To the extent the provisions of this chapter follow the Uniform Federal Lien Registration Act (1978) they shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of this chapter among the states enacting it.
Chapter 20. Disposal of Public Records.[Repealed, § 3 ch 191 SLA 1970.]
Article 1. Public Records.
Chapter 21. Management and Preservation of Public Records.Sec. 40.21.010. Purpose.
The purpose of this chapter is to provide for the orderly management of current state and local public records and to preserve noncurrent public records of permanent value for study and research.
Sec. 40.21.020. Archival and records management program creation and administration.
There is established in the Department of Education and Early Development the Alaska State Archives. The department shall establish and administer a state archives and records management program. To implement the program and head the Alaska State Archives, the department shall create the position of state archivist, and shall appoint as state archivist a person qualified by special training or experience in archival or historical work. The state archivist shall be the official custodian of the archival resources of the state.
Sec. 40.21.030. Duties of the state archivist.
(a) In order to carry out the archival program, the state archivist shall
(1) negotiate for, acquire, and receive public records of permanent value including public records of the state and political subdivisions of the state and of defunct public agencies;
(2) establish and operate a state archival depository that shall provide for the preservation, arrangement, repair, rehabilitation, duplication, reproduction, description, and exhibition of permanent public records or other documentary material transferred to, or acquired by the state archivist;
(3) review and approve all agency records retention schedules to identify and to ensure the preservation of those records having permanent value;
(4) make permanent records under the supervision of the archivist, other than those required by AS 40.25.120 to be kept confidential, available for public use at reasonable times;
(5) for a fee established under AS 40.25.110 40.25.115, make available to any person copies of archival material under AS 40.25.120;
(6) adopt a seal for official use and for certification of record copies which copies shall have the same force and effect as if made by the original custodian of the records;
(7) negotiate payment for the acquisition of public records with the possessor of them;
(8) if negotiations under (7) of this subsection are unsuccessful or if the person in possession of the public records is unwilling to enter into those negotiations, arrange with the person in possession for the microfilming of the records;
(9) accept gifts, bequests, and endowments for purposes consistent with the objectives of this chapter;
(10) prepare inventories, indexes, catalogs, and other finding aids or guides to facilitate the use of the archives;
(11) accept documents, including motion picture film, still pictures, and sound recordings, that are appropriate for preservation by the state as evidence of its organization, functions, policies, decisions, procedures, and transactions.
(b) In order to carry out the records management program, the state archivist shall
(1) analyze, develop, and coordinate the standards and procedures for record making and current record keeping;
(2) ensure the maintenance and security of records;
(3) initiate action to recover state records removed without authorization;
(4) establish and operate state records centers for the purposes of accepting, servicing, storing, and protecting state records that must be preserved for varying periods of time but which are not needed for the transaction of current business;
(5) transfer records considered to have permanent value to the state archives;
(6) institute and maintain a training and information program in all phases of the management of current records for all state agencies;
(7) make continuing surveys of paperwork operations and recommend improvements in current records management practices, including the use of space, equipment, and supplies;
(8) initiate programs for improving the management of correspondence, forms, reports, and directives as integral parts of the overall records management program;
(9) provide centralized microfilm service for state agencies as determined to be necessary by the department;
(10) establish standards for the preparation of records retention schedules providing for the retention of state records of permanent value and for the prompt and orderly disposition of state records no longer possessing administrative, legal, or historical value to warrant their retention;
(11) receive records retention schedules from the agencies and submit them to the attorney general for review and approval;
(12) obtain from agencies reports that are required for the administration of the program.
Sec. 40.21.040. Gifts, bequests, or endowments of money.
Gifts, bequests, or endowments of money shall be deposited in a separate account in the general fund and may be invested in a manner not inconsistent with the investment of other state funds. Proceeds of invested funds shall be used to carry out the purposes for which the money was given.
Sec. 40.21.050. Regulations.
The department shall adopt regulations necessary to carry out the purposes of this chapter.
Sec. 40.21.060. Duties of chief executive officers of state agencies.
The chief executive officer of each state agency shall
(1) make and preserve public records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency, and designed to furnish the information necessary to protect the legal and financial rights of the state and of persons directly affected by the agencys activities;
(2) establish and maintain an active, continuing program for the efficient management of the records of the agency under the procedures prescribed by the department, including effective controls over the creation, maintenance, and use of records in the conduct of current business;
(3) submit to the department, in accordance with the standards established by it, records retention schedules proposing the length of time which records having administrative, legal, or historical value shall be retained;
(4) apply the provisions of approved records retention schedules to ensure the orderly disposition of state records including transfer to a state records center;
(5) identify, segregate, and protect records vital to the continuing operation of an agency in the event of natural, man-made, or war-caused disaster;
(6) cooperate with the department in conducting surveys made by it under the provisions of this chapter;
(7) establish safeguards against unauthorized or unlawful removal or loss of state records;
(8) comply with the regulations, standards, and procedures relating to records management and archives established by the department;
(9) appoint a records officer who shall act as a liaison between the department and the agency on all matters relating to the records management program.
Sec. 40.21.070. Records management for local records.
The governing body of each political subdivision of the state shall promote the principles of efficient records management for local public records kept in accordance with state law. The governing body shall, as far as practical, follow the program established for the management of state records. The department shall, upon request of the governing body of a political subdivision, provide advice and assistance in the establishment of a local records management program.
Sec. 40.21.080. Disposal of public records by political subdivision.
An official of a political subdivision of the state having legal custody of public records that are considered by the official to be without legal or administrative value or historical interest may compile lists of these records sufficiently detailed to identify them and submit the lists to the governing body of the political subdivision. The governing body may authorize the disposal and the method of disposal of the records in the list that it finds to be without legal or administrative value or historical interest. The governing body may also, upon request of the legal custodian of the records, authorize in advance the periodic disposal of routine records that the governing body considers to have no legal, administrative, or historical value. After receipt of written authorization from the governing body, the legal custodian of the records may dispose of the records. The legal custodian shall file in the office from which the records were drawn a descriptive list of the records disposed of and a record of the disposal itself. Copies of these documents shall be transmitted to the governing body, which shall file and preserve them.
Sec. 40.21.090. Transfer of public records of political subdivision to department.
The governing body of a political subdivision of the state may authorize the transfer to the department of records that have legal, administrative, or historical value but that are not required for the transaction of current business. The official of the political subdivision having custody of the records shall prepare a list describing the records transferred in sufficient detail to identify them. Copies of the list shall be filed with the department and with the public corporation or political subdivision transferring the records. The department shall acknowledge receipt of the list. Listed records approved by the department for transfer may be transferred to a records center designated by the department. The records center shall transfer any permanent records to the archives. Records transferred remain the property of the political subdivision. The department is the legal custodian of records in its possession.
Sec. 40.21.100. Assistance to legislative and judicial branches.
Upon request, the department shall assist in the establishment of records management programs in the legislative and judicial branches of the state government and shall provide program services similar to those available to the executive branch of state government.
Sec. 40.21.110. Care of records.
Except for public records lawfully in the possession of a person other than the state, public records of existing or defunct agencies of the state, territorial, and Russian governments in Alaska are the property of the state and shall be created, maintained, preserved, stored, transferred, destroyed or disposed of, and otherwise managed in accordance with the provisions of this chapter and AS 45.48.500 45.48.530. Records shall be delivered by outgoing officials and employees to their successors, and may not be removed, destroyed, or disposed of, except as provided in this chapter and AS 45.48.500 45.48.530.
Sec. 40.21.120. Standards of clarity, accuracy, and permanency of copies.
When a public officer performing duties under this chapter is required or authorized by law to record, copy, recopy, or replace any public record, the officer may do so by photostatic, photographic, microphotographic, microfilm, or other mechanical or optical disk imaging system process that produces a clear and accurate copy or reproduction of the original record. If a record is considered to be of permanent or archival value, a reproduction of the record must meet archival standards approved by the department.
Sec. 40.21.130. Alteration and replacement of public records.
An original public record that is worn or damaged may be replaced by a reproduction made in accordance with this chapter. Certification by the agency having custody of the record that the replacement is a true and correct copy of the original shall appear at the end of the reproduction. When original public records are photographed or otherwise mechanically reproduced under the provisions of this chapter and the photographic or other mechanical reproductions are placed in conveniently accessible files and provisions made for preserving and using them, the original records from which they were made may be destroyed only with the approval of the state archivist.
Sec. 40.21.140. Use of copies and replacements as evidence.
Reproductions or replacements of records made under this chapter are considered original records for all purposes and are admissible in evidence as original records.
Article 2. General Provisions.
Sec. 40.21.150. Definitions.
In this chapter, unless the context otherwise requires,
(1) agency or state agency means a department, office, agency, state board, commission, public corporation, or other organizational unit of or created under the executive branch of the state government; the term does not include the University of Alaska;
(2) archives means
(A) the noncurrent records of a state agency or political subdivision of the state preserved, after appraisal, because of their value; also referred to as archival material or archival holdings;
(B) the agency responsible for selecting, preserving, and making available archival material; also referred to as an archival agency; or
(C) the building or part of a building where archival material is located; also referred to as an archival depository;
(3) department means the Department of Education and Early Development;
(4) electronic record means any information that is recorded in machine readable form;
(5) local record means a public record of a city or borough of any class, villages, district, authority, or other political subdivision unless the record is designated or treated as a state record under state law;
(6) record means any document, paper, book, letter, drawing, map, plat, photo, photographic file, motion picture film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, electronic record, or other document of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved or appropriate for preservation by an agency or a political subdivision, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the state or political subdivision or because of the informational value in them; the term does not include library and museum material developed or acquired and preserved solely for reference, historical, or exhibition purposes, extra copies of documents preserved solely for convenience of reference, or stocks of publications and processed documents;
(7) records center means a records depository in the department for the storage and disposition of noncurrent records;
(8) state record means a record of a department, office, commission, board, public corporation, or other agency of the state government, including a record of the legislature or a court and any other record designated or treated as a public record under state law.
Article 1. Inspection and Copying of Public Records.
Chapter 25. Public Record Disclosures.Sec. 40.25.100. Disposition of tax information.
(a) Information in the possession of the Department of Revenue that discloses the particulars of the business or affairs of a taxpayer or other person, including information under AS 38.05.020(b)(11) that is subject to a confidentiality agreement under AS 38.05.020(b)(12), is not a matter of public record, except as provided in AS 43.05.230(i) (l) or for purposes of investigation and law enforcement. The information shall be kept confidential except when its production is required in an official investigation, administrative adjudication under AS 43.05.405 43.05.499, or court proceeding. These restrictions do not prohibit the publication of statistics presented in a manner that prevents the identification of particular reports and items, prohibit the publication of tax lists showing the names of taxpayers who are delinquent and relevant information that may assist in the collection of delinquent taxes, or prohibit the publication of records, proceedings, and decisions under AS 43.05.405 43.05.499.
(b) If a copy of a record of tax information is requested under (a) of this section for the purposes of child support administration, the copy may be released only to the child support services agency created in AS 25.27.010 or a child support enforcement agency of another state. The Department of Revenue shall provide the requesting agency with a copy of the record. The requesting agency receiving information under this subsection may use it only for child support purposes authorized under law.
Sec. 40.25.105. Disclosure of information for compliance with the tobacco product Master Settlement Agreement.
(a) Notwithstanding the provisions of AS 40.25.100(a), the Department of Revenue may disclose information submitted to the Department of Revenue relating to cigarette and tobacco products, cigarette and tobacco product manufacturers, and cigarette and tobacco product retailers to the attorney general and to other parties as the Department of Revenue determines necessary to monitor and enforce compliance by cigarette and tobacco product manufacturers with the tobacco product Master Settlement Agreement described in AS 45.53.010 45.53.100.
(b) A person receiving information under this section shall maintain the confidentiality that the Department of Revenue is required to extend under AS 43.05.230 to the returns, reports, documents, determinations, and workpapers furnished to that person under this section.
Sec. 40.25.110. Public records open to inspection and copying; fees.
(a) Unless specifically provided otherwise, the public records of all public agencies are open to inspection by the public under reasonable rules during regular office hours. The public officer having the custody of public records shall give on request and payment of the fee established under this section or AS 40.25.115 a certified copy of the public record.
(b) Except as otherwise provided in this section, the fee for copying public records may not exceed the standard unit cost of duplication established by the public agency.
(c) If the production of records for one requester in a calendar month exceeds five person-hours, the public agency shall require the requester to pay the personnel costs required during the month to complete the search and copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay the fee before the records are disclosed, and the public agency may require payment in advance of the search.
(d) A public agency may reduce or waive a fee when the public agency determines that the reduction or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated. A public agency may waive a fee of $5 or less if the fee is less than the cost to the public agency to arrange for payment.
(e) Notwithstanding other provisions of this section to the contrary, the Bureau of Vital Statistics and the library archives in the Department of Education and Early Development may continue to charge the same fees that they were charging on September 25, 1990, for performing record searches, and may increase the fees as necessary to recover agency expenses on the same basis that was used by the agency immediately before September 25, 1990. Notwithstanding other provisions of this section to the contrary, the Department of Commerce, Community, and Economic Development may continue to charge the same fees that the former Department of Commerce and Economic Development was charging on July 1, 1999, for performing record searches for matters related to banking, securities, and corporations, and may increase the fees as necessary to recover agency expenses on the same basis that was used by the former Department of Commerce and Economic Development immediately before July 1, 1999.
(f) Notwithstanding other provisions of this section to the contrary, the Board of Regents of the University of Alaska may establish reasonable fees for the inspection and copying of public records, including record searches.
(g) Notwithstanding other provisions of this section to the contrary, the board of directors of the Alaska Railroad Corporation may establish reasonable fees for the inspection and copying of public records, including record searches.
(h) Notwithstanding other provisions of this section to the contrary, the judicial branch may establish by court rule reasonable fees for the inspection and copying of public records, including record searches.
(i) Electronic information that is provided in printed form shall be made available without codes or symbols, unless accompanied by an explanation of the codes or symbols.
Sec. 40.25.115. Electronic services and products.
(a) Notwithstanding AS 40.25.110(b) (d) to the contrary, upon request and payment of a fee established under (b) of this section, a public agency may provide electronic services and products involving public records to members of the public. A public agency is encouraged to make information available in usable electronic formats to the greatest extent feasible. The activities authorized under this section may not take priority over the primary responsibilities of a public agency.
(b) The fee for electronic services and products must be based on recovery of the actual incremental costs of providing the electronic services and products, and a reasonable portion of the costs associated with building and maintaining the information system of the public agency. The fee may be reduced or waived by the public agency if the electronic services and products are to be used for a public purpose, including public agency program support, nonprofit activities, journalism, and academic research. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated.
(c) Notwithstanding (b) of this section, the fee for duplicating a public record in the electronic form kept by a public agency may not exceed the actual incremental costs of the public agency.
(d) Public agencies shall include in a contract for electronic services and products provisions that
(1) protect the security and integrity of the information system of the public agency and of information systems that are shared by public agencies; and
(2) limit the liability of the public agency providing the services and products.
(e) Each public agency shall notify the state library distribution and data access center established under AS 14.56.090 of the electronic services and products offered by the public agency to the public under this section. The notification must include a summary of the available format options and the fees charged.
(f) When offering on-line access to an electronic file or data base, a public agency also shall provide without charge on-line access to the electronic file or data base through one or more public terminals.
(g) Each public agency shall establish the fees for the electronic services and products provided under this section. The governor may cancel the fees established by a public agency in the executive branch, except the fees of the University of Alaska and the Alaska Railroad Corporation, if the governor determines that the fees are unreasonably high.
(h) A public agency may not make electronic services and products available to one member of the public and withhold them from other members of the public.
(i) A public agency other than a municipality or the Alaska Railroad Corporation shall separately account for the fees received by the agency under this section and deposited in the general fund. The annual estimated balance in the account may be used by the legislature to make appropriations to the agency to carry out the activities of the agency.
Sec. 40.25.120. Public records; exceptions; certified copies.
(a) Every person has a right to inspect a public record in the state, including public records in recorders offices, except
(1) records of vital statistics and adoption proceedings, which shall be treated in the manner required by AS 18.50;
(2) records pertaining to juveniles unless disclosure is authorized by law;
(3) medical and related public health records;
(4) records required to be kept confidential by a federal law or regulation or by state law;
(5) to the extent the records are required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure or retain federal assistance;
(6) records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information
(A) could reasonably be expected to interfere with enforcement proceedings;
(B) would deprive a person of a right to a fair trial or an impartial adjudication;
(C) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
(D) could reasonably be expected to disclose the identity of a confidential source;
(E) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
(F) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
(G) could reasonably be expected to endanger the life or physical safety of an individual;
(7) names, addresses, and other information identifying a person as a participant in the Alaska Higher Education Savings Trust under AS 14.40.802 or the advance college tuition savings program under AS 14.40.803 - 14.40.817;
(8) public records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it;
(9) reports submitted under AS 05.25.030 concerning certain collisions, accidents, or other casualties involving boats;
(10) records or information pertaining to a plan, program, or procedures for establishing, maintaining, or restoring security in the state, or to a detailed description or evaluation of systems, facilities, or infrastructure in the state, but only to the extent that the production of the records or information
(A) could reasonably be expected to interfere with the implementation or enforcement of the security plan, program, or procedures;
(B) would disclose confidential guidelines for investigations or enforcement and the disclosure could reasonably be expected to risk circumvention of the law; or
(C) could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare;
(11) the written notification regarding a proposed regulation provided under AS 24.20.105 to the Department of Law and the affected state agency and communications between the Legislative Affairs Agency, the Department of Law, and the affected state agency under AS 24.20.105;
(12) records that are
(A) proprietary, privileged, or a trade secret in accordance with AS 43.90.150 or 43.90.220(e);
(B) applications that are received under AS 43.90 until notice is published under AS 43.90.160;
(13) information of the Alaska Gasline Development Corporation created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development Corporation that is confidential by law or under a valid confidentiality agreement;
(14) information under AS 38.05.020(b)(11) that is subject to a confidentiality agreement under AS 38.05.020(b)(12);
(15) records relating to proceedings under AS 09.58 (Alaska Medical Assistance False Claim and Reporting Act);
(16) names, addresses, and other information identifying a person as a participant in the Alaska savings program for eligible individuals under AS 06.65;
(17) artists submissions made in response to an inquiry or solicitation initiated by the Alaska State Council on the Arts under AS 44.27.060.
(b) Every public officer having the custody of records not included in the exceptions shall permit the inspection, and give on demand and on payment of the fees under AS 40.25.110 40.25.115 a certified copy of the record, and the copy shall in all cases be evidence of the original.
(c) Recorders shall permit memoranda, transcripts, and copies of the public records in their offices to be made by photography or otherwise for the purpose of examining titles to real estate described in the public records, making abstracts of title or guaranteeing or insuring the titles of the real estate, or building and maintaining title and abstract plants, subject to reasonable rules and regulations as are necessary for the protection of the records and to prevent interference with the regular discharge of the duties of the recorders and their employees.
Sec. 40.25.121. Copies of public records for veterans.
When a copy of a public record is required by the Department of Military and Veterans Affairs, the Department of Commerce, Community, and Economic Development, or by the United States Department of Veterans Affairs to be used in determining the eligibility of a person to participate in benefits, the official custodian of the public record shall, without charge, provide the applicant for the benefits, a person acting on behalf of the applicant, or an authorized representative of the department or the United States Department of Veterans Affairs with a certified copy of the record.
Sec. 40.25.122. Litigation disclosure.
A public record that is subject to disclosure and copying under AS 40.25.110 40.25.120 remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving a public agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication. In this section, involved in litigation means a party to litigation or representing a party to litigation, including obtaining public records for the party.
Sec. 40.25.123. Supervision and regulation.
(a) The Department of Administration shall supervise and adopt regulations for the operation and implementation of AS 40.25.110 40.25.140 by public agencies in the executive branch, except the Alaska Railroad Corporation.
(b) The legislative council shall supervise and adopt procedures for the operation and implementation of AS 40.25.110 40.25.140 by public agencies in the legislative branch.
(c) The administrative director of the Alaska Court System shall supervise and adopt procedures for the operation and implementation of AS 40.25.110 40.25.140 by public agencies in the judicial branch.
(d) The Board of Regents of the University of Alaska shall supervise and adopt procedures for the operation and implementation of AS 40.25.110 40.25.140 by the University of Alaska.
(e) The regulations and procedures adopted under this section must include the establishment of procedures for making an administrative appeal of public agency action that is taken under AS 40.25.110 40.25.140.
(f) In this section,
(1) action includes the calculation of a fee, the denial of a fee reduction or waiver, and the denial of a request to inspect or copy a public record;
(2) public agency does not include a municipality.
Sec. 40.25.124. Appeals.
A person may appeal to the superior court the final administrative order made by a public agency under AS 40.25.110 40.25.140.
Sec. 40.25.125. Enforcement: Injunctive relief.
A person having custody or control of a public record who denies, obstructs, or attempts to obstruct, or a person not having custody or control who aids or abets another person in denying, obstructing, or attempting to obstruct, the inspection of a public record subject to inspection under AS 40.25.110 or 40.25.120 may be enjoined by the superior court from denying, obstructing, or attempting to obstruct, the inspection of public records subject to inspection under AS 40.25.110 or 40.25.120. A person may seek injunctive relief under this section without exhausting the persons remedies under AS 40.25.123 40.25.124.
Sec. 40.25.140. Confidentiality of library records.
(a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 40.25.110 or 40.25.120. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska.
(b) Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child.
Sec. 40.25.151. Confidentiality of retirement records.
(a) Except as provided in (b) (d) of this section, public records, including electronic services and products involving public records, containing information about a person and maintained under AS 14.25, AS 22.25, AS 26.05.222 26.05.229, AS 39.35, or former AS 39.37 shall be kept confidential and are not subject to inspection or copying under AS 40.25.110 40.25.120.
(b) Records described in (a) of this section concerning a person who is a member or former member of a state retirement system who is still living may only be released to
(1) the person or the persons guardian;
(2) the persons employer or former employer;
(3) a state agency authorized to obtain confidential information;
(4) another person if the person has
(A) written authorization for release from the affected member or former member or the members or former members guardian; or
(B) a court order or subpoena to obtain the information.
(c) Records described in (a) of this section concerning a member or former member of a state retirement system who is deceased or a deceased members named beneficiary may only be released to
(1) the members named beneficiary or the beneficiarys guardian;
(2) the members or former members former employer;
(3) a state agency authorized to obtain confidential information;
(4) the personal representative of the members or former members estate;
(5) another person if the person has
(A) written authorization for release from the member or former member, the members named beneficiary, or the personal representative of the members or former members estate; or
(B) a court order or subpoena to secure the information.
(d) The name and address of a living person who is a member or former member of a state retirement system may be released to a retirement organization representing persons receiving benefits under a state retirement system if the retirement organization is affiliated with an organization representing employees of the employer under AS 23.40.070 23.40.260 (Public Employment Relations Act).
(e) In this section, state retirement system means the teachers retirement system under AS 14.25, the judicial retirement system under AS 22.25, the retirement system for members of the national guard under AS 26.05.222 26.05.229, the public employees retirement system under AS 39.35, or the elected public officers retirement system under former AS 39.37.
Sec. 40.25.220. Definitions for AS 40.25.100 40.25.295.
In AS 40.25.100 40.25.295, unless the context otherwise requires,
(1) electronic services and products means computer-related services and products provided by a public agency, including
(A) electronic manipulation of the data contained in public records in order to tailor the data to the persons request or to develop a product that meets the persons request;
(B) duplicating public records in alternative formats not used by a public agency, providing periodic updates of an electronic file or data base, or duplicating an electronic file or data base from a geographic information system;
(C) providing on-line access to an electronic file or data base;
(D) providing information that cannot be retrieved or generated by the existing computer programs of the public agency;
(E) providing functional electronic access to the information system of the public agency; in this subparagraph, functional access includes the capability for alphanumeric query and printing, graphic query and plotting, nongraphic data input and analysis, and graphic data input and analysis;
(F) providing software developed by a public agency or developed by a private contractor for a public agency;
(G) generating maps or other standard or customized products from an electronic geographic information system;
(2) public agency means a political subdivision, department, institution, board, commission, division, authority, public corporation, council, committee, or other instrumentality of the state or a municipality; public agency includes the University of Alaska and the Alaska Railroad Corporation;
(3) public records means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency; public records does not include proprietary software programs.
Sec. 40.25.295. Short title.
AS 40.25.100 40.25.295 may be cited as the Alaska Public Records Act.
Article 2. Personal Information in State Public Records.
Sec. 40.25.300. Notice regarding personal information.
(a) When a state agency requests personal information that may be included in a public record directly from the person who is the subject of the information, the agency shall give the person a written notice at the time of the request that states
(1) the name and address of the agency;
(2) the citation of the statute or regulation that authorizes the agency to request the information;
(3) a statement indicating whether the person is required to supply the information;
(4) the consequences to the person, if any, of not providing all or part of the requested information;
(5) a statement of the agencys anticipated uses of the information, including the agencys internal uses of the information and disclosure of the information to other state agencies;
(6) the fact that the information may be subject to inspection and copying under AS 40.25.110 40.25.120; and
(7) a statement summarizing how a person may challenge under AS 40.25.310 the accuracy or completeness of personal information maintained by a state agency.
(b) An agency may provide the written notice required under (a) of this section by
(1) placing the notice on the form used to request the information from the person;
(2) giving the person the notice on a separate sheet that accompanies the form used to request the information from the person;
(3) giving the person a statement in a pamphlet, booklet, manual, or other printed matter at the time the information on the person is requested; or
(4) prominently posting a sign containing the notice in a prominent location so that the sign can be easily observed and read by the person at the time the information is requested.
(c) This section does not apply to a request for information on a person if
(1) the request is made by a peace officer; in this paragraph, peace officer has the meaning given in AS 01.10.060;
(2) the person is the agencys employee;
(3) the information is related to litigation;
(4) the information is being collected by a public agency when investigating a possible violation of law; or
(5) the information is not subject to inspection and copying under AS 40.25.110 40.25.120, even if the information is eventually subject to inspection and copying under AS 18.50.310(f).
Sec. 40.25.310. Information accuracy and completeness.
(a) A person who is the subject of personal information that is maintained by a state agency and subject to public disclosure under AS 40.25.110 40.25.140 may challenge the accuracy or completeness of the personal information.
(b) To challenge the accuracy or completeness of personal information under (a) of this section, the person must file with the state agency a written request that the personal information be changed. The request must provide
(1) a description of the challenged personal information;
(2) the changes necessary to make the personal information accurate or complete; and
(3) the persons name and the address where the department may contact the person.
(c) Within 30 days after receiving a written request made under (b) of this section, the state agency may request verification of the disputed personal information from the person who made the request.
(d) Within 30 days after receiving the written request under (b) of this section or the verification under (c) of this section, the state agency shall review the request and
(1) change the personal information according to the request and notify the person in writing of the change; or
(2) deny the request and notify the person in writing of the reasons for the decision and the name, title, and business address of the person who denied the request.
(e) If a request is denied under (d) of this section, the person may provide to the state agency a concise written statement that states the persons reasons for disagreeing with the decision. The state agency shall maintain in its records the request made under (b) of this section and the statement provided by the person under this subsection. On all of the state agencys records that contain the disputed information, the state agency shall clearly note which portions of the records are disputed. If the record is in electronic form, the state agency may note the dispute in one field of the electronic form and maintain the other information about the dispute in paper form.
(f) This section does not apply to criminal intelligence or criminal investigative records, criminal justice information under AS 12.62, state agency personnel or retirement system records, records of applicants for employment with the state agency, or information in documents recorded under AS 40.17.
Sec. 40.25.350. Definitions.
In AS 40.25.300 40.25.350,
(1) person means an individual;
(2) personal information means information that can be used to identify a person and from which judgments can be made about a persons character, habits, avocations, finances, occupation, general reputation, credit, health, or other personal characteristics, but does not include a persons name, address, or telephone number, if the number is published in a current telephone directory, or information describing a public job held by a person;
(3) state agency
(A) means a department, institution, board, commission, division, authority, public corporation, committee, or other administrative unit of the executive, judicial, or legislative branch of state government, including the University of Alaska;
(B) does not include the Alaska Railroad Corporation.