HB 201: "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; and providing for an effective date."
00HOUSE BILL NO. 201 01 "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution 02 of the corpus of the mental health trust, the management of trust assets, and 03 to the manner of enforcement of the obligation to compensate the trust; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 22.10.020 is amended by adding a new subsection to read: 07 (j) The superior court is the court of original jurisdiction to hear and determine 08 any dispute arising under AS 37.14.036(c) - (e). 09 * Sec. 2. AS 37.14.009(a), added by sec. 10, ch. 66, SLA 1991, is amended to read: 10 (a) The Alaska Mental Health Trust Authority 11 (1) shall manage the assets of the trust in a fiduciary manner to fulfill 12 the purposes of the trust; 13 (2) may, consistent with (1) of this subsection and AS 47.30.036(1), 14 sell, lease, exchange, or otherwise dispose of land in the trust;
01 (3) may, consistent with (1) of this subsection, use land that is an asset 02 of the trust directly for the integrated comprehensive mental health program; 03 (4) shall [MAY] contract with the Department of Natural Resources to 04 manage the land assets of the trust, unless the authority determines that the best 05 interests of trust beneficiaries would be served by other arrangements; and 06 (5) shall contract with the Alaska Permanent Fund Corporation for 07 management of the trust's cash assets, unless the authority finds that the best interests 08 of trust beneficiaries would be served by contracting with another entity. 09 * Sec. 3. AS 37.14.031, added by sec. 11, ch. 66, SLA 1991, is amended to read: 10 Sec. 37.14.031. TRUST FUND ESTABLISHED. The mental health trust fund 11 is established as a separate fund within the state treasury. The fund consists of the 12 cash assets of the principal of the trust, including the proceeds earned from the 13 management of the land placed in the trust corpus under AS 38.05.800. 14 * Sec. 4. AS 37.14.036(c), added by sec. 11, ch. 66, SLA 1991, is repealed and reenacted 15 to read: 16 (c) As compensation for the land that constituted the trust established by the 17 enabling Act and that is not reconstituted as part of the mental health trust corpus 18 established under AS 38.05.800, the state shall make an annual payment of three 19 percent of the unrestricted general fund revenue of the state during each fiscal year. 20 The commissioner of revenue shall annually allocate that amount from the general fund 21 to the mental health trust income account established in (a) of this section. 22 * Sec. 5. AS 37.14.036, added by sec. 11, ch. 66, SLA 1991, is amended by adding new 23 subsections to read: 24 (d) To secure the allocation of amounts required under (c) of this section, land 25 granted to the state under the enabling act, and that is, on the effective date of this 26 subsection, designated by law as a state park, state forest, state game refuge, state 27 wildlife refuge, state game sanctuary, state recreational area, state recreational river, 28 state wilderness park, state marine park, state special management area, state public 29 use area, critical habitat area, bald eagle preserve, bison range, or moose range, is 30 pledged as security to the mental health trust. Title to this land remains in the state 31 and, so long as a default does not exist under (c) of this section, income from that land
01 shall be deposited in the general fund and considered unrestricted general funds of the 02 state. 03 (e) Upon default, the foreclosure of the lands pledged as security under (d) of 04 this section, including the parcels to be foreclosed and the manner of foreclosure, shall 05 be determined by the superior court. 06 * Sec. 6. AS 38.05.800 is repealed and reenacted to read: 07 Sec. 38.05.800. RECONSTITUTION OF MENTAL HEALTH TRUST 08 CORPUS. The corpus of the mental health trust includes land granted to the state 09 under the Alaska Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709, that, 10 on the effective date of this Act, 11 (1) has not been conveyed or encumbered by the state, or reserved by 12 law from the public domain; 13 (2) is subject to only one or more of the following: 14 (A) an oil or gas lease, coal lease, or other lease; 15 (B) a timber contract; 16 (C) a mining claim; 17 (D) a sale of materials under AS 38.05.110 - 38.05.120; 18 (E) a land use permit or right-of-way issued by the department 19 under this chapter; 20 (3) is not necessary to carry out the purposes of an interagency land 21 management agreement; or 22 (4) was selected by a municipality under AS 29.65 or under former 23 AS 29.18.190 - 29.18.200 and the selection of which, on the effective date of this Act, 24 has been neither approved nor disapproved by the director. 25 * Sec. 7. Section 49, ch. 66, SLA 1991, is amended to read: 26 Sec. 49. AS 37.14.011, 37.14.021, [AS 38.05.800,] AS 47.30.546, secs. 1, 2, 27 4, and 5, ch. 132, SLA 1986; and secs. 7 - 10, ch. 48, SLA 1987 are repealed. 28 * Sec. 8. Sections 54, 55, 56, and 57, ch. 66, SLA 1991, are repealed. 29 * Sec. 9. SPECIAL MASTER. The superior court may refer the proceedings under 30 AS 22.10.020(j), added by sec. 1 of this Act, to a special master. 31 * Sec. 10. CONDITIONAL RETROACTIVE APPLICATION. If ch. 66, SLA 1991, takes
01 effect before this Act takes effect, this Act is retroactive to the actual effective date of ch. 66, 02 SLA 1991. 03 * Sec. 11. This Act does not take effect unless ch. 66, SLA 1991, takes effect. 04 * Sec. 12. This Act takes effect on the effective date of ch. 66, SLA 1991.