reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 52. Alaska Executive Branch Ethics Act › Article 5. Enforcement; Remedies. › Sec. 39.52.420. Disciplinary action for violation.

(a) In addition to any other cause an agency may have to discipline a public employee, an agency may reprimand, demote, suspend, discharge, or otherwise subject an employee to agency disciplinary action commensurate with the violations of this chapter. This section does not prohibit the review of a disciplinary action in the manner prescribed by an applicable collective bargaining agreement or personnel statute or rule.
(b) An agency may initiate appropriate disciplinary action in the absence of an accusation under this chapter or during the pendency of a hearing or personnel board action.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 52. Alaska Executive Branch Ethics Act › Article 5. Enforcement; Remedies. › Sec. 39.52.430. Actions voidable.

(a) In addition to any other penalty provided by law, a state grant, contract, or lease entered into in violation of this chapter is voidable by the state. In a determination under this section of whether to void a grant, contract, or lease, the interests of third parties who could be damaged may be taken into account. The attorney general shall give notice of intent to void a state grant, contract, or lease under this section no later than 30 days after the personnel board's determination of a violation under this chapter.
(b) In addition to any other penalty provided for by law, the state may require a state loan received in violation of this chapter to become immediately payable.
(c) Any state action taken in violation of this chapter is voidable, except that the interests of third parties and the nature of the violation may be taken into account. The attorney general may pursue any other available legal and equitable remedies.
(d) The attorney general may recover any fee, compensation, gift, or benefit received by a person as a result of a violation of this chapter by a current or former public officer. Action to recover under this subsection must be brought within two years after discovery of the violation.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 52. Alaska Executive Branch Ethics Act › Article 5. Enforcement; Remedies. › Sec. 39.52.440. Civil penalties.

The personnel board may impose on a current or former public officer civil penalties not to exceed $5,000 for a violation of this chapter. A penalty imposed under this section is in addition to and not instead of any other penalty that may be imposed according to law.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 52. Alaska Executive Branch Ethics Act › Article 5. Enforcement; Remedies. › Sec. 39.52.450. Payment of twice the financial benefit.

The personnel board may, in addition to the civil penalties described in this chapter, require a current or former public officer who has financially benefited a person in violation of this chapter to pay to the state up to twice the amount that the person realized from the violation.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 52. Alaska Executive Branch Ethics Act › Article 6. General Provisions. › Sec. 39.52.910. Applicability.

(a) Except as specifically provided, this chapter applies to all public officers within executive-branch agencies, including members of boards or commissions. This chapter does not apply to
(1) a former public officer of an executive-branch agency unless a provision specifically states that it so applies;
(2) legislators covered by AS 24.60; or
(3) the University of Alaska and an employee of the University of Alaska as to activities or employment under a contract between the employee and the university described in AS 14.40.210(a)(4).
(b) The provisions of this chapter supersede the common law on conflicts of interests that may apply to a public officer of an executive-branch agency and any personnel rules relating to conflicts of interests, excluding nepotism, adopted under AS 39.25. However, nothing in this chapter precludes a prosecution under an applicable criminal statute nor prevents enforcement of any other state law that imposes a stricter standard of ethical conduct on public officers.
(c) The provisions of this chapter are not subject to negotiation by collective bargaining under AS 23.40.
(d) Nothing in this chapter
(1) supersedes AS 39.90.020; or
(2) precludes an immediate family member of a public employee from employment in the same agency or administrative unit as that public employee, so long as the public employee does not have authority to take or withhold official action affecting the terms or conditions of the immediate family member's employment in a manner that violates state law.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 52. Alaska Executive Branch Ethics Act › Article 6. General Provisions. › Sec. 39.52.920. Agency policies.

Subject to the review and approval of the attorney general, an agency may adopt a written policy that, in addition to the requirements of this chapter, limits the extent to which a public officer in the agency or an administrative unit of the agency may
(1) acquire a personal interest in an organization or a financial interest in a business or undertaking that may benefit from official action taken or withheld by the agency or unit;
(2) have a personal or financial interest in a state grant, contract, lease, or loan administered by the agency or unit; or
(3) accept a gift.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 60. Peace Officer and Firefighter Survivors' Fund › Sec. 39.60.010. Peace officer and firefighter survivors' fund established.

(a) The peace officer and firefighter survivors' fund is established in the general fund for the purpose of paying medical insurance premiums for an eligible surviving spouse or dependent child of a peace officer or a firefighter. The department may make premium payments from the fund to the medical insurance provider for the former employer of the deceased peace officer or firefighter.
(b) The department shall create the following two separate accounts in the fund:
(1) a state employee survivor account that consists of
(A) appropriations to the account;
(B) donations to the account; and
(2) a municipal employee survivor account that consists of
(A) municipal contributions under AS 39.60.060;
(B) appropriations to the account; and
(C) donations to the account.
(c) The legislature may appropriate money to the fund. Money in the fund does not lapse.
(d) Money appropriated to the fund may be spent for the purposes of the fund without further appropriation.
(e) Nothing in this section creates a dedicated fund.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 60. Peace Officer and Firefighter Survivors' Fund › Sec. 39.60.020. Powers and duties of the commissioner.

(a) Annually, not later than December 1, the commissioner shall determine the amount of money sufficient to pay premiums under AS 39.60.030 and the associated administrative costs.
(b) The commissioner shall adopt regulations to implement this chapter.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 60. Peace Officer and Firefighter Survivors' Fund › Sec. 39.60.030. Payment authorized.

The commissioner may use money in the fund to pay medical insurance premiums for a surviving dependent who is eligible under AS 39.60.040 and to pay the department's costs associated with administering the fund. The state employee survivor account and the municipal employee survivor account shall be used to pay premiums for the respective surviving dependents.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 60. Peace Officer and Firefighter Survivors' Fund › Sec. 39.60.050. Municipal election to participate in peace officer and firefighter survivors' fund.

(a) A municipality may elect to participate in the fund by entering into an agreement with the commissioner that is consistent with AS 39.60.070. If a municipality elects to participate in the fund, the commissioner shall determine the amount and frequency of the municipality's required contributions to the fund based on the anticipated cost of the municipality's participation, including the department's cost of administering the agreement under this subsection.
(b) The commissioner shall administer agreements entered into under (a) of this section.
(c) A surviving dependent of a peace officer or firefighter who died while employed by a municipality is not eligible for payments from the fund unless the municipality elects to participate in the fund and is in compliance with an agreement entered into under (a) of this section.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 60. Peace Officer and Firefighter Survivors' Fund › Sec. 39.60.060. Eligibility of municipal peace officers and firefighters.

(a) Notwithstanding AS 39.60.050(c), and subject to AS 39.60.040(b), the commissioner may determine that a surviving dependent of a peace officer or firefighter who was employed by a municipality is eligible for premium payments under AS 39.60.040(a), if the municipality elects to participate in the fund and is in compliance with the terms of an agreement entered into under AS 39.60.050(a).
(b) If a municipality enters into an agreement under AS 39.60.050(a) and fails to meet a requirement of that agreement, including a requirement under AS 39.60.070, the commissioner may determine that a surviving dependent of a peace officer or firefighter employed by a municipality who would otherwise be eligible for payments from the fund under AS 39.60.040 is ineligible and deny payment from the fund until the commissioner determines all requirements of the agreement are satisfied.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 60. Peace Officer and Firefighter Survivors' Fund › Sec. 39.60.070. Terms of agreement by municipality to participate in fund.

An agreement under AS 39.60.050(a) for a municipality to participate in the fund must require that the municipality
(1) contribute to the fund as determined by the commissioner under AS 39.60.050(a);
(2) is current with contributions required under this section; and
(3) complies with applicable regulations adopted by the commissioner.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 60. Peace Officer and Firefighter Survivors' Fund › Sec. 39.60.090. Definitions.

In this chapter,
(1) “child” means a biological child, adopted child, or stepchild of an employee;
(2) “commissioner” means the commissioner of public safety or the commissioner's designee;
(3) “department” means the Department of Public Safety;
(4) “dependent” means a surviving spouse or child of an employee;
(5) “firefighter” means an employee of the state or a municipality whose primary duty is to perform fire suppression services;
(6) “fund” means the peace officer and firefighter survivors' fund established in AS 39.60.010;
(7) “peace officer” means
(A) an employee of the state or a municipal police department with the authority to arrest and issue citations; detain a person taken into custody until that person can be arraigned before a judge or magistrate; conduct investigations of violations of and enforce criminal laws, regulations, and traffic laws; search with or without a warrant persons, dwellings, and other forms of property for evidence of a crime; and take other action consistent with exercise of these enumerated powers when necessary to maintain the public peace;
(B) an officer or employee of the Department of Transportation and Public Facilities who is stationed at an international airport and has been designated to have the general police powers authorized under AS 02.15.230(a);
(C) a University of Alaska public safety officer with general police powers authorized under AS 14.40.043;
(D) a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of a probation officer under AS 33.05;
(E) a person appointed by the commissioner of corrections, whose primary duty under AS 33.30 is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses against the state or held under authority of state law;
(F) a person employed in a correctional facility in the state, whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law;
(8) “surviving spouse” means a person who was married to an employee at the time of the employee's death.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 1. Miscellaneous Prohibited Acts. › Sec. 39.90.010. Obstruction of access to public information.

(a) A public employee may not be dismissed, demoted, suspended, laid off, or otherwise made subject to any disciplinary action for communicating matters of public record or information under AS 40.25.110 and 40.25.120.
(b) In this section, “public employee” means any employee receiving compensation for services provided to the state, including the University of Alaska, or any political subdivision of the state.
(c) A violation of this section is a misdemeanor.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 1. Miscellaneous Prohibited Acts. › Sec. 39.90.020. Nepotism prohibited.

It is unlawful for a person who is the spouse of or is related by blood within and including the second degree of kindred to the executive head of a principal state department or agency to be employed in that department or agency.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 2. Protection for Whistleblowers. › Sec. 39.90.100. Persons protected.

(a) A public employer may not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because
(1) the employee, or a person acting on behalf of the employee, reports to a public body or is about to report to a public body a matter of public concern; or
(2) the employee participates in a court action, an investigation, a hearing, or an inquiry held by a public body on a matter of public concern.
(b) A public employer may not disqualify a public employee or other person who reports a matter of public concern or participates in a proceeding connected with a matter of public concern before a public body or court, because of the report or participation, from eligibility to
(1) bid on contracts with the public employer;
(2) receive land under a law of the state or an ordinance of the municipality; or
(3) receive another right, privilege, or benefit.
(c) The provisions of AS 39.90.100 - 39.90.150 do not
(1) require an employer to compensate an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
(2) prohibit an employer from compensating an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
(3) authorize the disclosure of information that is legally required to be kept confidential; or
(4) diminish or impair the rights of an employee under a collective bargaining agreement.
(d) An employer shall post notices and use other appropriate means to inform employees of their protections and obligations under AS 39.90.100 - 39.90.150.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 2. Protection for Whistleblowers. › Sec. 39.90.110. Limitation to protections.

(a) A person is not entitled to the protections under AS 39.90.100 - 39.90.150 unless the person
(1) reasonably believes that the information reported is or is about to become a matter of public concern; and
(2) reports the information in good faith.
(b) A person is entitled to the protections under AS 39.90.100 - 39.90.150 only if the matter of public concern
(1) is not the result of conduct by the person seeking protection; or
(2) is the result of conduct by the person that was required by the person's employer.
(c) As part of its written personnel policy, a public employer may require that, before an employee initiates a report on a matter of public concern under AS 39.90.100, the employee shall submit a written report concerning the matter to the employer. However, the employee is not required to submit a report if the employee
(1) reasonably believes that reports to the employer will not result in prompt action to remedy the matter of public concern;
(2) believes with reasonable certainty that the activity, policy, or practice is already known to one or more supervisors;
(3) reasonably believes that an emergency is involved; or
(4) reasonably fears reprisal or discrimination as a result of disclosure.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 2. Protection for Whistleblowers. › Sec. 39.90.120. Relief and penalties.

(a) A person who alleges a violation of AS 39.90.100 may bring a civil action and the court may grant appropriate relief, including punitive damages.
(b) A person who violates or attempts to violate AS 39.90.100 is also liable for a civil fine of not more than $10,000. The attorney general may enforce this subsection.
(c) A person who attempts to prevent another person from making a report or participating in a matter under AS 39.90.100(a) with intent to impede or prevent a public inquiry on the matter is liable for a civil fine of not more than $10,000.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 2. Protection for Whistleblowers. › Sec. 39.90.130. Exemption for municipalities.

A municipality is not required to comply with the provisions of AS 39.90.100 - 39.90.150 if the municipality has adopted an ordinance that provides protections for its employees and other persons that are substantially similar to the protections under AS 39.90.100 - 39.90.150. Notwithstanding AS 29.25.070, the ordinance may provide for a civil penalty for violation of the ordinance not to exceed $10,000.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 2. Protection for Whistleblowers. › Sec. 39.90.140. Definitions.

In AS 39.90.100 - 39.90.150,
(1) “employee” or “public employee” means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for a public employer;
(2) “employer” or “public employer” includes the state, a public or quasi-public corporation or authority established by state law, the University of Alaska, and a political subdivision of the state including a municipality, school district, and regional educational attendance area;
(3) “matter of public concern” means
(A) a violation of a state, federal, or municipal law, regulation, or ordinance;
(B) a danger to public health or safety;
(C) gross mismanagement, a substantial waste of funds, or a clear abuse of authority;
(D) a matter accepted for investigation by the office of the ombudsman under AS 24.55.100 or 24.55.320; or
(E) interference or any failure to cooperate with an audit or other matter within the authority of Legislative Budget and Audit Committee;
(4) “public body” includes an officer or agency of
(A) the federal government;
(B) the state;
(C) a political subdivision of the state including
(i) a municipality;
(ii) a school district; and
(iii) a regional educational attendance area;
(D) a public or quasi-public corporation or authority established by state law including the Alaska Railroad Corporation; and
(E) the University of Alaska.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 3. State Personnel Procedures Relating to Employee Access to Federal Tax. › Sec. 39.90.200. Purpose of AS 39.90.200 - 39.90.290.

It is the purpose of AS 39.90.200 - 39.90.290 to establish procedures to safeguard the confidentiality of protected federal tax information as required by 26 U.S.C. 6103(p)(4). The procedures established in AS 39.90.200 - 39.90.290 apply to a current or prospective state employee whose job duties include access to protected federal tax information.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 3. State Personnel Procedures Relating to Employee Access to Federal Tax. › Sec. 39.90.210. Background investigation for employees with access to federal tax information.

(a) In connection with an initial application or as a condition of continued employment in a position with the state for which the job duties include access to federal tax information, an agency shall require a prospective or current employee to provide information for a background investigation and request a state and national criminal history record check.
(b) A current or prospective employee whose job duties include access to federal tax information shall provide fingerprints in a format requested by the agency. The agency shall submit the fingerprints and the fees required to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check. The Department of Public Safety may submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(c) A background investigation under this section, including a state and national criminal history record check, is confidential. The agency that requested the criminal history record check shall use the information obtained under this section to determine whether the current or prospective employee is qualified to access federal tax information. With the written approval of the employee, an agency may share an employee's background investigation with another agency if the employee applies for employment with, or works for, another agency that has access to federal tax information and the employee's job duties will include access to federal tax information.
(d) An agency that has access to federal tax information shall develop a written policy establishing procedures and criteria for a background investigation under this section and establish criteria to determine whether a current or prospective employee is qualified to access federal tax information. The policy must require that the agency conduct a reinvestigation not later than 10 years after the date of the previous background investigation.
2023 Alaska Statutes › Title 39. Public Officers and Employees › Chapter 90. Miscellaneous Provisions › Article 3. State Personnel Procedures Relating to Employee Access to Federal Tax. › Sec. 39.90.290. Definitions.

In AS 39.90.200 - 39.90.290, unless the context otherwise requires,
(1) “agency” means a department, the Office of the Governor, or an entity in the executive branch, including the University of Alaska, a public or quasi-public corporation, a board or commission, and the Alaska Railroad Corporation;
(2) “employee” means a permanent, probationary, seasonal, temporary, provisional, or nonpermanent employee of an agency, whether in the classified, partially exempt, or exempt service;
(3) “federal tax information” means a federal tax return, return information, and information derived from the federal tax return or return information that is in an agency's possession or control and that is received directly by an agency under 26 U.S.C. 6103(d) or (l) from the Internal Revenue Service, an Internal Revenue Service authorized secondary source, or another entity acting on behalf of the Internal Revenue Service under 26 U.S.C. 6103(p)(2)(B);
(4) “return” has the meaning given in 26 U.S.C. 6103;
(5) “return information” has the meaning given in 26 U.S.C. 6103.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 05. Records Affecting Mining Claims › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 1. Recording of Plats. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 1. Recording of Plats. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 1. Recording of Plats. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 1. Recording of Plats. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 1. Recording of Plats. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 3. Applicability. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 4. Platting in Areas Outside Certain Municipalities. › 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 commissioner's designee, in accordance with AS 40.15.
Commissioner Date
(c) The recorder may not accept for filing and recording a plat for which the commissioner's 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 4. Platting in Areas Outside Certain Municipalities. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 4. Platting in Areas Outside Certain Municipalities. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 4. Platting in Areas Outside Certain Municipalities. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 4. Platting in Areas Outside Certain Municipalities. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › Article 4. Platting in Areas Outside Certain Municipalities. › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 15. Subdivisions and Dedications › 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;
(5) “subdivision”
(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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 17. Recording of Documents › 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 or an electronic version of the conveyance may be offered for recording in the recording district in which part of the land is located and an original, a certified copy, or an electronic version of the conveyance may be offered for recording in each other recording district in which part of the land is located. A certified copy or an electronic version of the conveyance 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 recorder's 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 17. Recording of Documents › 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; original signatures may be provided in electronic form;
(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 person's 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 17. Recording of Documents › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 17. Recording of Documents › 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.]
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 17. Recording of Documents › 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.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 17. Recording of Documents › 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 Form-Do Not Record” and the recorded part contains a reference to the master form's recording information.
2023 Alaska Statutes › Title 40. Public Records and Recorders › Chapter 17. Recording of Documents › 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.