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.

History. (§ 1 ch 95 SLA 1953; am § 1 ch 72 SLA 1961)

Collateral references. —

54 Am. Jur. 2d, Mines and Minerals, §§ 43-51, 409-417.

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.

History. (§ 2 ch 95 SLA 1953; am § 2 ch 72 SLA 1961; am § 1 ch 119 SLA 1996)

Sec. 40.05.030. Duplicate copies required. [Repealed, § 14 ch 119 SLA 1996.]

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.

History. (§ 1 (ch I) ch 115 SLA 1953; am § 1 ch 95 SLA 1955; am § 67 ch 69 SLA 1970; am § 30 ch 161 SLA 1988; am § 6 ch 40 SLA 1998)

Administrative Code. —

For document recording and filing, see 11 AAC 6.

For records, surveys, and platting, see 11 AAC 53, art. 2.

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.

History. (§ 2 (ch I) ch 115 SLA 1953; am § 31 ch 161 SLA 1988)

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Collateral references. —

Record of instrument without sufficient acknowledgement as notice. 59 ALR2d 1299.

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.

History. (§ 3 (ch I) ch 115 SLA 1953; am § 6 ch 5 SLA 1966; am § 32 ch 161 SLA 1988)

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Opinions of attorney general. —

A subdivision street which has been dedicated is deemed open to the public. 1965 Alas. Op. Att'y Gen. No. 10.

In a subdivision plat, no particular language is required in order to dedicate an area to public use. This section does not govern subdivisions created in an unorganized borough. 1980 Inf. Op. Atty. Gen. (April 22; A66-428-80).

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.

History. (§ 4 (ch I) ch 115 SLA 1953; am § 33 ch 161 SLA 1988)

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.

History. (§ 5 (ch I) ch 115 SLA 1953; am § 34 ch 161 SLA 1988; am § 17 ch 22 SLA 2001)

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.

History. (§ 6 (ch I) ch 115 SLA 1953; am § 35 ch 161 SLA 1988)

Sec. 40.15.070. Platting authority.

1. 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.
2. The Department of Natural Resources is the platting authority in the areas of the state not described in (a) of this section.

History. (§ 1 (ch II) ch 115 SLA 1953; am § 68 ch 69 SLA 1970; am § 2 ch 112 SLA 1971; am § 36 ch 161 SLA 1988; am §§ 7, 8 ch 40 SLA 1998)

Cross references. —

For planning, platting, and zoning by municipalities, see AS 29.40.

Administrative Code. —

For identification, reservation, and modification of public easements, see 11 AAC 51, art. 2.

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.]

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.

History. (§ 2 ch 89 SLA 1972; am § 4 ch 118 SLA 1972; am § 2 ch 63 SLA 1974; am § 65 ch 74 SLA 1985; am § 9 ch 40 SLA 1998)

Opinions of attorney general. —

State-owned airports are not subject to local platting, zoning, and land use ordinances. The Airport Zoning Act, (AS 02.25) is not preempted by the general requirements of AS 40.15.200 . 1996 Alas. Op. Att'y Gen. No. 20.

Sec. 40.15.290. Definitions. [Repealed, § 12 ch 40 SLA 1998.]

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.

History. (§ 10 ch 40 SLA 1998)

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Sec. 40.15.305. Examination of plats before recording.

1. 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.
2. 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:
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

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

Click to view

History. (§ 10 ch 40 SLA 1998)

Administrative Code. —

For management of municipal trust land, see 3 AAC 190, art. 4.

For identification, reservation, and modification of public easements, see 11 AAC 51, art. 2.

For survey and platting standards, see 11 AAC 53, art. 2.

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Sec. 40.15.310. Requirements for plat approval.

1. 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.
2. The surveyor preparing the plat shall sign and affix the seal of the surveyor.

History. (§ 10 ch 40 SLA 1998)

Sec. 40.15.320. Monuments.

1. 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.
2. 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.
3. 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.

History. (§ 10 ch 40 SLA 1998)

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Sec. 40.15.330. Plat standards.

The commissioner shall establish plat standards by regulation.

History. (§ 10 ch 40 SLA 1998)

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Sec. 40.15.340. Engineering standards.

Except for subdivisions of state land, the commissioner may not establish engineering standards for subdivisions.

History. (§ 10 ch 40 SLA 1998)

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.

History. (§ 10 ch 40 SLA 1998)

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.

History. (§ 10 ch 40 SLA 1998)

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

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 .

History. (§ 10 ch 40 SLA 1998)

Administrative Code. —

For fees for department services, see 11 AAC 5.

For survey and platting standards, see 11 AAC 53, art. 2.

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Sec. 40.15.380. Applicability to governmental bodies; right-of-way acquisition plats.

1. 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.
2. 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.
3. 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.
4. 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 commissioner’s approval is required under AS 40.15.305 may not be recorded under AS 40.17 without the commissioner’s approval endorsed on the plat.
5. After approval by the commissioner, the original plat shall be filed with the appropriate district recorder within 30 days by the submitting agency.
6. 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 .
7. 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.
8. 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.

History. (§ 10 ch 40 SLA 1998)

Revisor’s notes. —

In 2009, in subsection (a), “AS 40.15.305(g) ” was substituted for “AS 40.15.300(g)” to correct a manifest typographical error in ch. 40, SLA 1998.

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

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”
   1. 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;
   2. 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.

History. (§ 10 ch 40 SLA 1998)

Administrative Code. —

For platting authority in the unorganized borough, see 11 AAC 53, art. 5.

Sec. 40.17.010. Place of recording and access to records.

1. 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.
2. The department shall provide the staff and equipment to receive and record documents and to store them permanently.
3. 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.
4. The recorder shall provide reasonable public access during business hours to recorded documents, indices, and facilities provided for in this section.

History. (§ 1 ch 161 SLA 1988)

Cross references. —

For additional provision governing access to public records in the recorders’ offices, see AS 40.25.120(c) .

Sec. 40.17.020. Recording conveyances.

1. 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.
2. 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.

History. (§ 1 ch 161 SLA 1988; am § 2 ch 119 SLA 1996; am § 1 ch 24 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, in (a), added “or an electronic version of the conveyance” in three places and made a related change.

Sec. 40.17.030. Formal requisites for recording.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

History. (§ 1 ch 161 SLA 1988; am § 3 ch 119 SLA 1996; am § 1 ch 76 SLA 2008; am §§ 3, 4 ch 116 SLA 2008; am § 2 ch 24 SLA 2020)

Administrative Code. —

For fees for department services, see 11 AAC 5.

For document recording and filing, see 11 AAC 6.

Effect of amendments. —

The 2020 amendment, effective January 1, 2021, in (a)(1), added “original signatures may be provided in electronic form;”.

Opinions of attorney general. —

When reviewing conveyance documents that require an acknowledgment, it is the recorder’s responsibility to determine that an acknowledgment statement is present; if an acknowledgment clause is present on the document the recorder has no responsibility to assess the acknowledgment clause’s compliance with AS 09.63 or any other law. July 16, 1997 Op. Att’y Gen.

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
   1. 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;
   2. serves more than one purpose;
   3. references an attached exhibit that is not labelled;
   4. 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.

History. (§ 2 ch 83 SLA 1988; am § 4 ch 119 SLA 1996; am § 5 ch 76 SLA 2008)

Revisor’s notes. —

Formerly AS 34.15.343 . Renumbered in 1989. Subparagraphs (2)(C) and (D) were formerly (2)(D) and (E); relettered in 2010 to reflect the 2008 repeal of former (2)(C).

Opinions of attorney general. —

When reviewing conveyance documents that require an acknowledgment, it is the recorder’s responsibility to determine that an acknowledgment statement is present; if an acknowledgment clause is present on the document the recorder has no responsibility to assess the acknowledgment clause’s compliance with AS 09.63 or any other law. July 16, 1997 Op. Att’y Gen.

Sec. 40.17.040. Indexing.

1. 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.
2. [Repealed, § 5 ch 119 SLA 1996.]

History. (§ 1 ch 161 SLA 1988; am §§ 5, 14 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.

History. (§ 1 ch 161 SLA 1988)

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.

History. (§ 1 ch 161 SLA 1988; am § 6 ch 119 SLA 1996)

Sec. 40.17.070. Duties of recorder; time recording is effective.

1. The recorder shall promptly record all documents presented that are recordable under AS 40.17.030 and 40.17.110 .
2. The recorder shall maintain in the central recording office a daily log and index for recorded documents.
3. 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.
4. 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.
5. 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.
6. Promptly after recording a document, the recorder shall make the index entries required in this chapter and in the regulations of the department.
7. After recording, the recorder shall return the document to the person who presented it or a person designated by the person who presented it.
8. The recorder shall certify copies and provide a certified copy of a recorded document to a person who tenders the proper fee.
9. 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.

History. (§ 1 ch 161 SLA 1988; am § 7 ch 119 SLA 1996)

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.

History. (§ 2 ch 51 SLA 2001)

Revisor’s notes. —

In 2002, “AS 37.05.146(c) ” was substituted for “AS 37.05.146 (b)” to reflect the 2002 renumbering of AS 37.05.146 .

Sec. 40.17.080. Effect of recording on title and rights; constructive notice.

1. 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.
2. 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.
3. 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.
4. 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.

History. (§ 1 ch 161 SLA 1988)

Sec. 40.17.090. Conveyances and recorded documents as evidence.

1. 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.
2. 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 person’s 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
      1. commonly recognized abbreviations, contractions, initials, or colloquial or other equivalents;
      2. first or middle names or initials;
      3. simple transpositions that produce substantially similar pronunciations;
      4. articles or prepositions in names or titles;
      5. descriptions of entities as corporations, companies, or abbreviations or contractions of either; or
      6. 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.
3. 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.
4. Facts stated in a recorded certificate of a public official in affidavit form or under the seal of the official’s office and derived from information or documents obtained or kept by the official as part of official duties are presumed to be true.
5. 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.

History. (§ 1 ch 161 SLA 1988)

Cross references. —

For court rules on admissibility of public records, see Evid. R. 902(4) and 1005.

Opinions of attorney general. —

When reviewing conveyance documents that require an acknowledgment, it is the recorder’s responsibility to determine that an acknowledgment statement is present; if an acknowledgment clause is present on the document the recorder has no responsibility to assess the acknowledgment clause’s compliance with AS 09.63 or any other law. July 16, 1997 Op. Att’y Gen.

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.

History. (§ 1 ch 161 SLA 1988)

Sec. 40.17.110. Documents eligible for recording.

1. Subject to (b) — (d) of this section, a document that meets the requisites for recording under AS 40.17.030 may be recorded.
2. 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.
3. If the document to be recorded is a subdivision plat, the document must comply with the requirements of AS 40.15.
4. If the document is a declaration under AS 34.08, it must comply with the requirements of AS 34.08.090(b) .

History. (§ 1 ch 161 SLA 1988; am § 1 ch 39 SLA 1989; am § 2 ch 128 SLA 1992; am § 8 ch 119 SLA 1996)

Administrative Code. —

For document recording and filing, see 11 AAC 6.

Opinions of attorney general. —

When reviewing conveyance documents that require an acknowledgment, it is the recorder’s responsibility to determine that an acknowledgment statement is present; if an acknowledgment clause is present on the document the recorder has no responsibility to assess the acknowledgment clause’s compliance with AS 09.63 or any other law. July 16, 1997 Op. Att’y Gen.

Sec. 40.17.120. Recording memorandum of lease.

1. Recording a memorandum of lease substantially complying with (b) of this section has the same effect as recording the lease.
2. 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.

History. (§ 1 ch 161 SLA 1988)

Sec. 40.17.125. Recording affidavits related to manufactured homes.

1. 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.
2. 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.
3. 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 .

History. (§ 28 ch 64 SLA 2012)

Cross references. —

For a saving clause relating to interpretation of the provisions of ch. 64, SLA 2012, see § 31, ch. 64, SLA 2012 in the 2012 Temporary and Special Acts.

For severability of the provisions of ch. 64, SLA 2012, see § 32, ch. 64, SLA 2012 in the 2012 Temporary and Special Acts.

Effective dates. —

Section 35, ch. 64, SLA 2012 makes this section effective January 1, 2013.

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.

History. (§ 1 ch 161 SLA 1988)

Sec. 40.17.140. Application of electronic provisions.

1. The provisions of AS 09.80 (Uniform Electronic Transactions Act) apply to this chapter.
2. In applying this chapter, the department shall accept notarial acts performed for remotely located individuals under AS 44.50.075 .

History. (§ 3 ch 24 SLA 2020)

Effective dates. —

Section 21, ch. 24, SLA 2020 makes this section effective January 1, 2021.

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 commissioner’s 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.

History. (§ 1 ch 161 SLA 1988)

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.

History. (§ 38 ch 161 SLA 1988)

Sec. 40.19.020. Place of recording.

1. Notices of liens, certificates, and other notices affecting a federal tax lien or other federal lien shall be recorded under this chapter.
2. 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.
3. 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.
4. 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.

History. (§ 38 ch 161 SLA 1988; am § 82 ch 13 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (d), inserted a comma following “(c) of this section”.

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.

History. (§ 38 ch 161 SLA 1988)

Sec. 40.19.040. Duties of recorder.

1. 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.
2. 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.
3. 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.
4. 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.
5. In this section, “rerecording” includes recording of a lien previously filed.

History. (§ 38 ch 161 SLA 1988; am § 41 ch 85 SLA 2001; am § 83 ch 13 SLA 2019)

Revisor's notes. —

Subsection (d) was enacted as (e). Relettered in 2001, at which time former (d) was relettered as (e).

Editor's notes. —

For related federal law, see 26 U.S.C. 6323.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (e), inserted a comma following “In this section”.

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.

History. (§ 38 ch 161 SLA 1988)

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.

History. (§ 1 ch 191 SLA 1970)

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

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.

History. (§ 1 ch 191 SLA 1970; am E.O. No. 70, § 3 (1988))

Revisor’s notes. —

In 1999, in this section, “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

Sec. 40.21.030. Duties of the state archivist.

1. 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.
2. 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.

History. (§ 1 ch 191 SLA 1970; am § 14 ch 200 SLA 1990)

Revisor’s notes. —

In 2000, “AS 40.25.120 ” was substituted for “AS 09.25.120” in (a)(4) and (5) of this section, and “AS 40.25.110 — 40.25.115 ” was substituted for “AS 09.25.110 — 09.25.115” in (a)(5) of this section, to reflect the 2000 renumbering of AS 09.25.100 — 09.25.220 .

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

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.

History. (§ 1 ch 191 SLA 1970)

Sec. 40.21.050. Regulations.

The department shall adopt regulations necessary to carry out the purposes of this chapter.

History. (§ 1 ch 191 SLA 1970)

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

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 agency’s 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.

History. (§ 1 ch 191 SLA 1970; am E.O. No. 70, § 4 (1988))

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

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.

History. (§ 1 ch 191 SLA 1970)

Administrative Code. —

For land records system, see 11 AAC 53, art. 1.

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.

History. (§ 1 ch 191 SLA 1970)

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.

History. (§ 1 ch 191 SLA 1970)

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.

History. (§ 1 ch 191 SLA 1970)

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 .

History. (§ 1 ch 191 SLA 1970; am § 1 ch 92 SLA 2008)

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

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.

History. (§ 1 ch 191 SLA 1970; am § 50 ch 65 SLA 1998)

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

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.

History. (§ 1 ch 191 SLA 1970)

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

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.

History. (§ 1 ch 191 SLA 1970)

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

Collateral references. —

Mutilations, alterations and deletions as affecting admissibility in evidence of public record. 28 ALR2d 1443.

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
   1. 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;
   2. the agency responsible for selecting, preserving, and making available archival material; also referred to as an archival agency; or
   3. 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.

History. (§ 1 ch 191 SLA 1970; am E.O. No. 70, § 5 (1988); am §§ 51, 52 ch 65 SLA 1998)

Revisor’s notes. —

Paragraph (4) was enacted as (8). Renumbered in 1998, at which time former (4)-(7) were renumbered as (5)-(8), respectively.

In 1999, in this section, “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

Administrative Code. —

For archives and records management services (ARMS), see 4 AAC 59.

Sec. 40.25.100. Disposition of tax information.

1. 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 .
2. 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.

History. (§ 3.21 ch 101 SLA 1962; am § 2 ch 108 SLA 1996; am §§ 10, 11 ch 87 SLA 1997; am § 1 ch 37 SLA 1998; am § 61 ch 163 SLA 2004; am §§ 37, 38 ch 14 SLA 2014; am § 7 ch 4 4SSLA 2016)

Revisor’s notes. —

Formerly AS 09.25.100 . Renumbered in 2000.

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in (b) of this section in accordance with § 12(a), ch. 107, SLA 2004.

Cross references. —

For governor’s transmittal letter for ch. 14, SLA 2014, see 2014 Senate Journal 1423 — 1426.

Effect of amendments. —

The 2014 amendment, effective April 9, 2014, in (a), inserted “including information under AS 38.05.020(b)(11) that is subject to a confidentiality agreement under AS 38.05.020(b)(12) ,” following “taxpayer or other person” in the first sentence; effective January 1, 2015, in (a), inserted “or (k)” following “AS 43.05.230(i) ” near the end of the first sentence.

The 2016 amendment, effective January 1, 2017, in (a), substituted “AS 43.05.230(i) — ( l )” for “AS 43.05.230(i) or (k)”.

Opinions of attorney general. —

The department can publish decisions that have not been appealed or for which confidentiality was not voluntarily waived if it establishes guidelines for publication to protect a taxpayer’s identity. June 16, 1983 Op. Att’y Gen.

Determinations of the State Assessment Review Board made under AS 43.56.130 (oil and gas property taxes) are public records and are not subject to the confidentiality requirements of AS 09.25.100 (now AS 40.25.100 ) and AS 43.05.230 . Were the procedures and records involved in property tax assessment not public, the taxpayer would be unable to determine whether a particular property was fairly valued in comparison to other properties. Also, the entire record on which the determinations are based is open to the public, since the hearing is open to third parties. July 11, 1983 Op. Att’y Gen.

Corporate records relating to a mining development project submitted to the Department of Revenue by a mining task force were not received “under law”; i.e., they were not related to the department’s statutory duties, and were not received in connection with the transaction of official business, meaning, as part of the department’s statutorily established duties and responsibilities. Thus, they were not records of the department and could not be protected by statutes relating to confidentiality of revenue records, but the portion of the information which was bona fide proprietary or trade secret in nature may have been confidential under Art. I, sec. 22 of the Alaska Constitution. Nov. 3, 1983 Op. Att’y Gen.

Documents received under two Department of Revenue programs not covered by Title 43 — permits for games of chance and contests of skill (AS 05.15) and fishing and hunting licenses (AS 16.05) — reveal none of the particulars of a taxpayer’s business or affairs, relate to licensed activity, are public records, and are not made confidential by this section. July 9, 1984 Op. Att’y Gen.

The Department of Revenue could disclose information obtained in the audit of Big Three Industries, Inc., to Big Three Lincoln Alaska, Inc., in the course of the hearing process on Big Three Lincoln’s administrative appeal of the determination that it was engaged in a unitary business with Big Three Industries. September 10, 1986 Op. Att’y Gen.

The Department of Revenue must provide to the municipality of Anchorage, from permanent fund dividend (PFD) application records, addresses of Anchorage residents identified by the municipality who owe municipal fines, as the public purpose served — facilitating the collection of public funds — outweighs any possible privacy interests of the individual debtors. Information contained in (PFD) applications is not protected from disclosure under either this section or AS 43.05.230 (disclosure of tax returns) and, although most of the information contained in PFD applications may, in some cases, be kept confidential under the privacy provisions of the Alaska Constitution (Art. I, sec. 22), the names of PFD applicants are not protected under the constitution. With respect to all other information contained on a PFD application, the department must analyze each public records request on a case-by-case basis, balancing the privacy interest of the individual against the public interest in disclosure. July 15, 1987 Op. Att’y Gen.

Under limited circumstances, the Department of Revenue may disclose confidential tax records to members of the legislative branch under this section and AS 43.05.230 . January 12, 1989 Op. Att’y. Gen., distinguishing 1972 Op. Att’y Gen. No. 8 (Nov. 21) and overruling 1986 Inf. Att’y Gen. Op. (Jan. 17) to the extent that it conflicts with this opinion.

Sec. 40.25.105. Disclosure of information for compliance with the tobacco product Master Settlement Agreement.

1. 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 .
2. 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.

History. (§ 2 ch 88 SLA 2001)

Collateral references. —

Construction and application of state freedom of information act provisions concerning award of attorney’s fees and other litigation costs. 118 ALR5th 1.

Sec. 40.25.110. Public records open to inspection and copying; fees.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.

History. (§ 3.22 ch 101 SLA 1962; am §§ 2, 3 ch 200 SLA 1990; am § 1 ch 58 SLA 1999; am § 22 ch 14 SLA 2005)

Revisor’s notes. —

Formerly AS 09.25.110. Renumbered in 2000, at which time, in subsection (a), “AS 40.25.115 ” was substituted for “AS 09.25.115” to reflect the 2000 renumbering of AS 09.25.115. In 2004, in (e) of this section, a reference to “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For proof of public records, see Evid. R. 1005; for management and preservation of public records, see AS 40.21.

Administrative Code. —

For applicability and purpose, see 2 AAC 96, art. 1.

For disclosure requirements, see 2 AAC 96, art. 2.

For requests for public records, see 2 AAC 96, art. 3.

For requests for electronic services and products, see 2 AAC 96, art. 4.

For corporations, partnerships, and other business organizations, see 3 AAC 16.

For veteran’s loan assumptions, see 3 AAC 41.

For practice before the commission, see 3 AAC 48, art. 1.

For alternative energy loans, see 3 AAC 78.

For residential energy conservation loans, see 3 AAC 79.

For commercial fishing loans, see 3 AAC 80.

For fisheries enhancement loans and grants, see 3 AAC 81.

For child care facility loans, see 3 AAC 82.

For historical district loans, see 3 AAC 83.

For small business loan assumptions, see 3 AAC 86.

For mining loans, see 3 AAC 87.

For rural development initiative fund, see 3 AAC 170.

For fees for department services, see 11 AAC 5.

For administrative matters, see 11 AAC 26, art. 1.

For land records system, see 11 AAC 53, art. 1.

For permanent fund dividend program, see 15 AAC 23, art. 1.

For storage tank assistance fund, see 18 AAC 78, art. 5.

Opinions of attorney general. —

As to confidentiality of oil and gas documents held by state agencies, see Nov. 24, 1980 Op. Att’y Gen.

When the taxpayer files the notice of appeal, a Department of Revenue hearing decision may be made public because the taxpayer is, in effect, waiving any right to confidentiality he may have had. June 16, 1983 Op. Att’y Gen., modifying March 12, 1980 Op. Att’y Gen. to the extent that the time when the decision becomes a part of the public record is changed from the issuance of a court order to prepare the record to the filing of the notice of the appeal.

Certain provisions contained in a Subscriber Service Agreement with the Credit Bureau of Alaska, which provided that the subscriber (the Division of Accounting and Collections) agreed to make available to the credit bureau “all its consumer credit experience records pertaining to individuals located with the Bureau’s geographic area of file building,” did not violate the individual privacy of borrowers. May 11, 1984 Op. Att’y Gen.

Documents of the Alaska Real Estate Commission, including complaints (both licensing and surety fund), investigative files (to the extent that they do not contain constitutionally protected private information and insofar as the integrity of the investigation is not compromised), closed license files, hearing officer’s proposed decisions, and subpoenas are public information and may not be kept confidential. Also, the hearing officer’s proposed decisions are public record. 1984-2 Inf. Op. Atty. Gen. 269 (October 9; 166-154-85).

All materials received in response to the request for proposals (RFP) for the Anchorage Office Complex (AOC) were “public documents” subject to disclosure, but disclosure of certain records could have been delayed until a tentative contract award. During the evaluation process, the financial component of any proposal was not subject to disclosure. Further, the state or its agents could have properly declined to disclose records which would have compromised the anonymity of the aesthetic evaluation process. Jan. 30, 1985 Op. Att’y Gen.

The Office of Management and Budget (OMB) has the authority to provide the public with copies of the audits it receives under 2 AAC 45.010 (audits submitted by entities that have received state financial assistance from state agencies). Aug. 12, 1987 Op. Att’y Gen.

The Mental Health Board may have access to documents reflecting communications between the Department of Law and the Department of Health and Social Services to the extent that the commissioner of health and social services believes is appropriate. To the extent that the commissioner authorizes such access for documents which nonetheless are not subject to public disclosure (e.g., subject to the attorney/client privilege or the executive privilege), the board is required to preserve that confidentiality. Aug. 15, 1988 Op. Att’y Gen.

The names of purchasers of homes and condominiums, and the sales prices, are not confidential, and thus may be released to the public. Jan. 9, 1989 Op. Att’y Gen.

College transcripts of certified teachers or certificate applicants are not confidential, and they must be released at the request of a member of the public. Nov. 4, 1992 Op. Att’y Gen.

The policy favoring disclosure of public records supports the conclusion that records maintained by the charitable gaming division are open to public scrutiny. Any conclusion to the contrary would require compelling evidence of legislative intent to shroud these records in confidentiality. In the absence of such evidence, these records are open to public inspection. 1996 Alas. Op. Att'y Gen. No. 4.

Sec. 40.25.115. Electronic services and products.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. When offering online access to an electronic file or data base, a public agency also shall provide without charge online access to the electronic file or data base through one or more public terminals.
7. 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.
8. 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.
9. 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.

History. (§ 4 ch 200 SLA 1990; am § 102 ch 4 FSSLA 1992; am E.O. No. 113 § 4 (2005))

Revisor’s notes. —

Formerly AS 09.25.115. Renumbered in 2000, at which time, in subsection (a), “AS 40.25.110(b) — (d)” was substituted for “AS 09.25.110 (b) — (d)” to reflect the 2000 renumbering of AS 09.25.110.

Administrative Code. —

For applicability and purpose, see 2 AAC 96, art. 1.

For disclosure requirements, see 2 AAC 96, art. 2.

For requests for public records, see 2 AAC 96, art. 3.

For requests for electronic services and products, see 2 AAC 96, art. 4.

For corporations, partnerships, and other business organizations, see 3 AAC 16.

For permanent fund dividend program, see 15 AAC 23, art. 1.

Sec. 40.25.120. Public records; exceptions; certified copies.

1. 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
      1. could reasonably be expected to interfere with enforcement proceedings;
      2. would deprive a person of a right to a fair trial or an impartial adjudication;
      3. could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
      4. could reasonably be expected to disclose the identity of a confidential source;
      5. would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
      6. would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
      7. 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
       1. could reasonably be expected to interfere with the implementation or enforcement of the security plan, program, or procedures;
       2. would disclose confidential guidelines for investigations or enforcement and the disclosure could reasonably be expected to risk circumvention of the law; or
       3. 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. [Repealed, § 23 ch. 7 SLA 2018.]
   12. records that are
       1. proprietary, privileged, or a trade secret in accordance with AS 43.90.150 or 43.90.220(e) ;
       2. 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 ;
   18. records that are
       1. investigative files under AS 45.55.910 ; or
       2. confidential under AS 45.56.620 .
2. 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.
3. 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.

History. (§ 3.23 ch 101 SLA 1962; am § 5 ch 200 SLA 1990; am § 1 ch 113 SLA 1994; am § 1 ch 102 SLA 1997; am § 2 ch 65 SLA 1998; am § 1 ch 3 SLA 2000; am § 24 ch 28 SLA 2000; am § 1 ch 36 SLA 2002; am § 4 ch 164 SLA 2004; am § 5 ch 22 SLA 2007; am § 2 ch 76 SLA 2008; am § 16 ch 11 SLA 2013; am § 39 ch 14 SLA 2014; am § 37 ch 25 SLA 2016; am § 4 ch 56 SLA 2016; am § 2 ch 16 SLA 2017; am § 23 ch 7 SLA 2018; am § 11 ch 65 SLA 2018)

Delayed repeal of paragraph (a)(9). —

Under secs. 27 and 30, ch. 28, SLA 2000, as amended by sec. 3, ch. 34, SLA 2004, sec. 1, ch. 19, SLA 2009, sec. 1, ch. 47, SLA 2010, and sec. 3, ch. 31, SLA 2012, effective on the occurrence of the contingency described in sec. 30(2), ch. 28, SLA 2000, which is “90 days after the date the chair of the Alaska Legislative Council notifies the revisor of statutes that in the previous state fiscal year the state did not receive and does not anticipate receiving federal funding for a statewide boating and safety education program; the director of the division of legislative finance shall notify the chair of the Alaska Legislative Council when the state, in the previous fiscal year, did not receive federal funding for a statewide boating and safety program; the chair of the Alaska Legislative Council may not give the notice described in this paragraph unless the notice is approved by a vote of a majority of the members of the Alaska Legislative Council.” As of October 2021, this contingency had not been met.

Revisor's notes. —

Formerly AS 09.25.120. Renumbered in 2000, at which time, in subsection (b), “ AS 40.25.110 — 40.25.115 ” was substituted for “ AS 09.25.110 — 09.25.115” to reflect the 2000 renumbering of AS 09.25.110 and 09.25.115.

Reorganized into subsections in 1994.

Paragraph (a)(16) was enacted as (a)(15); renumbered in 2016.

In 2018, in (a) of this section, “AS 45.56.620 ” was substituted for “AS 45.56.615” to reflect the 2018 renumbering of that section.

Administrative Code. —

For verification of electronic signatures, see 2 AAC 5, art. 3.

For applicability and purpose, see 2 AAC 96, art. 1.

For disclosure requirements, see 2 AAC 96, art. 2.

For requests for public records, see 2 AAC 96, art. 3.

For requests for electronic services and products, see 2 AAC 96, art. 4.

For corporations, partnerships, and other business organizations, see 3 AAC 16.

For veteran’s loan assumptions, see 3 AAC 41.

For practice before the commission, see 3 AAC 48, art. 1.

For alternative energy loans, see 3 AAC 78.

For residential energy conservation loans, see 3 AAC 79.

For commercial fishing loans, see 3 AAC 80.

For fisheries enhancement loans and grants, see 3 AAC 81.

For child care facility loans, see 3 AAC 82.

For historical district loans, see 3 AAC 83.

For small business loan assumptions, see 3 AAC 86.

For mining loans, see 3 AAC 87.

For rural development initiative fund, see 3 AAC 170.

For statewide student assessment, see 4 AAC 6, art. 4.

For privacy of client records: child protection services, see 7 AAC 54, art. 1.

For confidentiality of client records: juvenile justice, see 7 AAC 54, art. 3.

For administrative matters, see 11 AAC 26, art. 1.

For land records system, see 11 AAC 53, art. 1.

For scope and purpose of the repository, see 13 AAC 68, art. 1.

For storage tank assistance fund, see 18 AAC 78, art. 5.

Effect of amendments. —

The 2014 amendment, effective May 9, 2014, added (a)(14), and made a stylistic change.

The first 2016 amendment, effective September 19, 2016, in (a), added (15).

The second 2016 amendment, effective November 4, 2016, added (a)(15) [now (16)].

The 2017 amendment, effective July 1, 2017, added (a)(17).

The first 2018 amendment, effective August 1 2018, repealed (a)(11).

The second 2018 amendment, effective January 1, 2019, added (a)(18), and made a related change.

Opinions of attorney general. —

Disclosing library use records, while deleting any references which would allow the library patron to be identified, should, in most cases, satisfy the policies underlying the Freedom of Information Act without interfering with privacy interests. There may, however, be some instances in which the release of names is necessary to accomplish an important public interest. Such requests should be reviewed on a case-by-case basis with advice from the Department of Law. July 13, 1984 Op. Att’y Gen.

The Alaska Judicial Council is a public agency, and its records are public records subject to the provisions of this section. Oct. 3, 1984 Op. Att’y Gen.

The Judicial Council is authorized to adopt rules and regulations regarding the confidentiality of its own records, provided they are consistent with state statutes, including this section. For those cases where considerations favoring disclosure are nearly equal to those favoring confidentiality, rules or regulations may, and indeed should, be adopted to set guidelines for use in deciding whether disclosure should be made. Oct. 3, 1984 Op. Att’y Gen.

Any letters concerning judicial applicants which are transferred by the Judicial Council to the governor remain confidential in the hands of the governor and should not be disclosed to the public. Oct. 3, 1984 Op. Att’y Gen.

Portions of trip memoranda prepared by the governor which related to personal matters were not public records subject to release. Further, the “public record” portion of the trip memoranda were communications which the governor’s office, in its discretion, could have declined to release under the doctrine of executive privilege. Finally, even if the governor waived any claim to executive privilege, he should have declined to release material which compromised an individual’s privacy rights, unless a waiver was obtained. Sept. 24, 1985 Op. Att’y Gen.

The radio frequencies of the Department of Fish and Games telemetry transmitters that are used to track wildlife in the state should not normally be disclosed to the public because this disclosure would be against the public interest. While there is no state statute specifically requiring these radio frequencies to be kept confidential, there are two other sources of “state law” under which records may be required to be kept confidential: (1) the right of privacy specified in article I, section 22 of the Alaska Constitution: and (2) the common-law “public interest” exception. Oct. 21, 1985 Op. Att’y Gen.

In response to a public records request received by the Division of Retirement and Benefits concerning former state troopers, firemen, and fish and wildlife protection officers who were receiving occupational disability benefits under the Public Employees’ Retirement System (PERS), which request included asking for the recipients’ names, former positions with the state, dates of injury, types of injury or disability, retirement dates, and amounts of monthly benefits, the public interest was served by providing the requested information, but, in order to protect the privacy interests of the benefit recipients, all personal references and information that would have easily allowed identification of individuals had to be deleted. Aug. 6, 1986 Op. Att’y Gen.

The names and addresses of individual trappers, contained on Alaska Department of Fish and Game wolf sealing forms, are not expressly exempted from the public disclosure requirements of AS 09.25.110 (now AS 40.25.110 ), and there is no constitutional or common-law requirement for confidentiality. Sept. 3, 1986 Op. Att’y Gen.

Certain private business records in the possession of the Department of Commerce and Economic Development, which were submitted voluntarily, in order for the department to carry out its statutory duty to conduct economic development studies relating to domestic fish harvesting, which records included those used by seafood processors to formulate business plans for future years — data on volume/species mixes, target areas of the state, and market share information — were probably not a matter of public record, but this result may have varied depending on the content of particular documents. Without a regulation based on statutory or constitutional authority, the department had to, in each case, balance the interest of the business with the public’s right to know. Dec. 8, 1986 Op. Att’y Gen.

Certain oil and gas leasing receipts from University of Alaska trust lands between 1981 and 1985 were improperly allocated among the Alaska permanent fund, the general fund, and the public school fund, and should have been allocated to the fund established under AS 14.40.100 . This requirement stems directly from federal law, which supersedes the provisions of state law in this instance. 1987-1 Inf. Op. Atty. Gen. 233 (April 8; 663-87-0465).

Active investigation files of the Alaska Public Offices Commission (APOC) cannot be viewed and copied. There are at least three demonstrable public and private interests which, at least in the aggregate, outweigh the public’s right to have access to these files: (1) the agency and the public have an interest in preserving the integrity and effectiveness of law enforcement investigations, and that interest may be jeopardized by the release of active investigative files; (2) release of unevaluated information to the public may unfairly impair the reputation of the subjects of the investigation, and may come perilously close to violating their due process rights guaranteed by the state and federal constitutions; and (3) Alaska’s constitutional right to privacy requires APOC to use extreme caution in disclosing unverified or unevaluated charges of materials obtained by the agency in the course of an investigation. Apr. 30, 1987 Op. Att’y Gen.

The Child Support Enforcement Division could release a list of child support obligors who are in arrears, pursuant to a request by a newspaper under the state’s public records statutes. In releasing this information, however, the division could not identify those cases which were related to Aid to Family with Dependent Children. The division also had to explain to the newspaper that the existence of arrears was disputable by the individual obligors. May 30, 1989 Op. Att’y Gen.

Information in grant status reports by the former Alaska Science and Technology Foundation was public, and the reports had to be presented in open session in accordance with the Open Meetings Act. However, confidential information under former AS 37.17.090 could be presented in executive session, and omitted from a grant status report provided for public inspection. 1991 Alas. Op. Att'y Gen. No. 173.

The Workers’ Compensation Division may not, in response to a public information request, release its electronic data base in its entirety, but may release the information contained in the data base if social security numbers are deleted. Public agencies are prohibited under the federal Privacy Act of 1974 from disclosing claimants’ social security numbers if the claimants were not informed whether the disclosure was voluntary or mandatory or told of the potential uses of the numbers when the number was provided. Furthermore the release of an electronic data base that contains names matched with individual social security numbers in response to a public information request appears to violate the protections intended under the Privacy Act. Nov. 13, 1992 Op. Att’y Gen.

Teacher transcripts sent to the Alaska Department of Education for the purpose of obtaining teacher certification are not subject to the provisions of the Family Education Rights and Privacy Act of 1974 (FERPA), and are public records subject to disclosure upon request. 1992 Alas. Op. Att'y Gen. No. 235.

The first step when a request for records is received is to determine whether the requester is involved in litigation, or is representing someone involved in litigation, with the state or one of its agencies. If so, the request must be denied. The person should be advised that the records can only be produced in response to a subpoena or discovery order. In other instances, a specific determination as to the existence of an exemption should be made, especially in cases related to criminal investigations. 1994 Alas. Op. Att'y Gen. No. 1.

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.

History. (§ 1 ch 35 SLA 1981; am § 2 ch 21 SLA 1985; am § 19 ch 21 SLA 2000)

Revisor’s notes. —

Enacted as AS 09.25.123. Renumbered as AS 09.25.121 in 1981. Renumbered again in 2000.

In 1999, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in this section in accordance with § 88, ch. 58, SLA 1999. In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

As to records of veterans of the armed forces, see AS 26.10.070 .

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.

History. (§ 6 ch 200 SLA 1990; am § 3 ch 108 SLA 1996)

Revisor’s notes. —

Enacted as AS 09.25.122. Renumbered in 2000, at which time “AS 40.25.110 — 40.25.120 ” was substituted for “AS 09.25.110 — 09.25.120” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.120.

Administrative Code. —

For disclosure requirements, see 2 AAC 96, art. 2.

Opinions of attorney general. —

There are legitimate public policy reasons for differentiating between record requests made by parties involved in litigation against the state and those made by other parties. When the state is involved in the litigation, requiring the discovery rules to apply to documents sought by the other side ensures that the state is not disadvantaged in litigation by its public records statutes. In short, it ensures equal footing for the state. This analysis simply does not apply when the state isn’t a party to the litigation. Thus, a request for public records from a person who is involved in litigation with the state should be declined, with the explanation that the person must obtain the document through the discovery process under the Civil Rules. If it not clear from the face of the request, the person should be asked if he or she is involved in litigation with an agency of the state. 1994 Inf. Op. Atty. Gen. 99 (February 4; 663-94-0509).

Sec. 40.25.123. Supervision and regulation.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 .
6. 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.

History. (§ 6 ch 200 SLA 1990; am § 103 ch 4 FSSLA 1992; am E.O. No. 113 § 5 (2005); am § 40 ch 8 SLA 2011)

Revisor’s notes. —

Formerly AS 09.25.123. Renumbered in 2000, at which time “ AS 40.25.110 — 40.25.140 ” was substituted for “ AS 09.25.110 — 09.25.140 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.140 .

Administrative Code. —

For applicability and purpose, see 2 AAC 96, art. 1.

For disclosure requirements, see 2 AAC 96, art. 2.

For requests for public records, see 2 AAC 96, art. 3.

For requests for electronic services and products, see 2 AAC 96, art. 4.

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 .

History. (§ 6 ch 200 SLA 1990)

Revisor's notes. —

Formerly AS 09.25.124. Renumbered in 2000, at which time “ AS 40.25.110 — 40.25.140 ” was substituted for “ AS 09.25.110 — 09.25.140 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.140 .

Administrative Code. —

For requests for public records, see 2 AAC 96, art. 3.

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 person’s remedies under AS 40.25.123 — 40.25.124 .

History. (§ 1 ch 74 SLA 1975; am § 7 ch 200 SLA 1990)

Revisor’s notes. —

Formerly AS 09.25.125. Renumbered in 2000, at which time “AS 40.25.110 or 40.25.120 ” was substituted for “AS 09.25.110 or 09.25.120” and “AS 40.25.123 — 40.25.124 ” was substituted for “AS 09.25.123 — 09.25.124” to reflect the 2000 renumbering of AS 09.25.110, 09.25.120, 09.25.123, and 09.25.124.

Administrative Code. —

For requests for public records, see 2 AAC 96, art. 3.

Sec. 40.25.140. Confidentiality of library records.

1. 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 a library operated by the state, a municipality, or a public school, including the University of Alaska.
2. 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.

History. (§ 1 ch 35 SLA 1985; am § 84 ch 13 SLA 2019)

Revisor's notes. —

Formerly AS 09.25.140 . Renumbered in 2000, at which time “AS 40.25.110 or 40.25.120 ” was substituted for “AS 09.25.110 or 09.25.120” to reflect the 2000 renumbering of AS 09.25.110 and 09.25.120.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (a), in the second sentence, substituted “a library” for “libraries” following “This section applies to”.

Sec. 40.25.151. Confidentiality of retirement records.

1. 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 .
2. 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 person’s guardian;
   2. the person’s employer or former employer;
   3. a state agency authorized to obtain confidential information;
   4. another person if the person has
      1. written authorization for release from the affected member or former member or the member’s or former member’s guardian; or
      2. a court order or subpoena to obtain the information.
3. Records described in (a) of this section concerning a member or former member of a state retirement system who is deceased or a deceased member’s named beneficiary may only be released to
   1. the member’s named beneficiary or the beneficiary’s guardian;
   2. the member’s or former member’s former employer;
   3. a state agency authorized to obtain confidential information;
   4. the personal representative of the member’s or former member’s estate;
   5. another person if the person has
      1. written authorization for release from the member or former member, the member’s named beneficiary, or the personal representative of the member’s or former member’s estate; or
      2. a court order or subpoena to secure the information.
4. 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).
5. 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.

History. (§ 1 ch 68 SLA 2000)

Revisor’s notes. —

Enacted as AS 09.25.151. Renumbered in 2000, at which time, in subsection (a), “AS 40.25.110 — 40.25.120 ” was substituted for “AS 09.25.110 — 09.25.120” to reflect 2000 renumbering of those sections.

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
   1. electronic manipulation of the data contained in public records in order to tailor the data to the person’s request or to develop a product that meets the person’s request;
   2. 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;
   3. providing online access to an electronic file or data base;
   4. providing information that cannot be retrieved or generated by the existing computer programs of the public agency;
   5. 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;
   6. providing software developed by a public agency or developed by a private contractor for a public agency;
   7. 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.

History. (§ 1 ch 115 SLA 1967; am § 14 ch 59 SLA 1982; am § 8 ch 200 SLA 1990; am § 104 ch 4 FSSLA 1992; am E.O. No. 113 § 18 (2005); am § 21 ch 58 SLA 2010)

Revisor’s notes. —

Formerly AS 09.25.220 . Renumbered in 2000, at which time “AS 40.25.100 — 40.25.220 ” was substituted for “AS 09.25.100 — 09.25.220 ” to reflect the 2000 renumbering of AS 09.25.100 — 09.25.220.

In 1994, former paragraphs (2)-(4) and (7) were renumbered as AS 09.25.390 (1)-(4).

Opinions of attorney general. —

Permanent fund dividend applications are most certainly included as records developed by a public agency preserved both for informational value and as evidence of the operation of the agency, i.e., they are public records. In 1990, the legislature passed laws directing the state to provide special notice when requiring a person to supply personal information so that the person may, among other things, challenge the accuracy or completeness of the information. As a part of this Act, the legislature adopted a definition of “personal information.” This definition specifically excludes a person’s name and address. Thus, a person’s name and address are subject to disclosure, and the Department of Revenue must provide the names and addresses of PFD applicants to any member of the public who requests the information and pays the required fees. 1992 Inf. Op. Atty. Gen. 161 (April 1; 663-92-0163).

Sec. 40.25.295. Short title.

AS 40.25.100 — 40.25.295 may be cited as the Alaska Public Records Act.

History. (§ 38 ch 40 SLA 2008)

Sec. 40.25.300. Notice regarding personal information.

1. 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 agency’s anticipated uses of the information, including the agency’s 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.
2. 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.
3. 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 agency’s 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) .

History. (§ 15 ch 200 SLA 1990)

Revisor’s notes. —

Enacted as AS 44.99.020 . Renumbered as AS 44.99.300 in 1990 and renumbered again in 2004. In 2004, in (a)(7), “AS 40.25.310 ” was substituted for “AS 44.99.310” to reflect the 2004 renumbering of AS 44.99.310.

In 2000, “AS 40.25.110 — 40.25.120 ” was substituted for “AS 09.25.110 — 09.25.120” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.120.

Cross references. —

For exception to this section for motor vehicle records, see AS 28.10.505 .

Sec. 40.25.310. Information accuracy and completeness.

1. 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.
2. 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 person’s name and the address where the department may contact the person.
3. 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.
4. 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.
5. 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 person’s 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 agency’s 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.
6. 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.

History. (§ 15 ch 200 SLA 1990; am § 3 ch 118 SLA 1994)

Revisor’s notes. —

Enacted as AS 44.99.030 . Renumbered as AS 44.99.310 in 1990 and renumbered again in 2004.

In 2000, “AS 40.25.110 — 40.25.140 ” was substituted for “AS 09.25.110 — 09.25.140 ” to reflect the 2000 renumbering of AS 09.25.110 — 09.25.140 .

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 person’s character, habits, avocations, finances, occupation, general reputation, credit, health, or other personal characteristics, but does not include a person’s 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”
   1. 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;
   2. does not include the Alaska Railroad Corporation.

History. (§ 15 ch 200 SLA 1990; am § 134 ch 4 FSSLA 1992)

Revisor’s notes. —

Enacted as AS 44.99.040 . Renumbered as AS 44.99.310 in 1990 and renumbered again in 2004. In 2004, “AS 40.24.300 — 40.25.350 ” was substituted for “AS 44.99.300 — 44.99.350” to reflect the 2004 renumbering of AS 44.99.300 — 44.99.350.

Opinions of attorney general. —

The definition of “personal information” is an implicit statement by the legislature that it does not consider a person’s name and address to be protected by the right to privacy. Therefore, a person’s name and address are subject to disclosure under AS 09.25.110 and 09.25.120 (now AS 40.25.110 and 40.25.120 ). April 1, 1992 Op. Att’y Gen.