CSSB 67(FIN): "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust and to the manner of enforcement of the obligation to compensate the trust; and providing for an effective date."
00CS FOR SENATE BILL NO. 67(FIN) 01 "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution 02 of the corpus of the mental health trust and to the manner of enforcement of 03 the obligation to compensate the trust; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. Section 55(g), ch. 66, SLA 1991, is amended to read: 06 (g) Except for public notice as provided under AS 38.05.945(b) and (c), the 07 [THE] provisions of AS 38.04, AS 38.05, and AS 38.50 do not apply to exchanges 08 under this section. 09 * Sec. 2. Section 55(h), ch. 66, SLA 1991, is amended to read: 10 (h) If agreement cannot be reached between the plaintiffs in Weiss v. State of 11 Alaska, 4FA-82-2208 Civil, and the commissioner of natural resources under (f) of this 12 section as to appropriate lands to be conveyed to the trust as compensation or as to the 13 value of the original lands taken or of replacement lands, the Alaska Supreme Court 14 shall resolve the disagreements using the criteria set out in this section. In a
01 proceeding under this subsection, the Alaska Supreme Court may not give 02 deference to the finding of the commissioner of natural resources made under 03 (i)(2) of this section. The Alaska Supreme Court may order the commissioner of 04 natural resources to convey appropriate state land to the trust without further legislative 05 authorization. 06 * Sec. 3. Section 55, ch. 66, SLA 1991, is amended by adding new subsections to read: 07 (i) The provisions of this subsection apply to proposed land exchanges 08 negotiated under (f) of this section, and to land exchanges proposed under (h) of this 09 section by either the plaintiffs in Weiss v. State of Alaska, 4FA-82-2208 Civil, or the 10 commissioner of natural resources: 11 (1) the commissioner of natural resources shall give public notice as 12 provided under AS 38.05.945(b) and (c) of a proposed land exchange; in the notice, 13 the commissioner shall provide for a written comment period of at least 30 days; the 14 commissioner shall also hold a public hearing in the area of the land proposed to be 15 conveyed to the trust under the proposed land exchange; and 16 (2) following public notice of a proposed exchange under this 17 subsection and the public hearing, the commissioner shall make, and give notice of, 18 a written finding as to whether the proposed land exchange meets the criteria of (b) - (e) of this section. 19 (j) A person other than a plaintiff in Weiss v. State of Alaska, 4FA-82-2208 20 Civil, may obtain judicial review of the finding of the commissioner of natural 21 resources under (i)(2) of this section and of the proposed land exchange only if the 22 person 23 (1) had submitted written or oral comment in response to a notice 24 published under (i) of this section; 25 (2) demonstrates that the person has an interest that will be adversely 26 affected by the proposed land exchange if the exchange becomes final; and 27 (3) files a notice of appeal within 30 days after the commissioner of 28 natural resources gives notice of the commissioner's finding; the notice of appeal must 29 be filed with the court having jurisdiction to hear and determine any dispute arising 30 under secs. 54 - 56 of this Act. 31 (k) In a proceeding under (j) of this section, the Alaska Supreme Court shall
01 give appropriate deference to the findings of the commissioner of natural resources 02 made under (i)(2) of this section as a matter committed to the commissioner's 03 discretion. 04 * Sec. 4. Sections 56(a) and (b), ch. 66, SLA 1991, are repealed. 05 * Sec. 5. HYPOTHECATION OF STATE LAND TO SECURE RECONSTITUTION OF 06 MENTAL HEALTH TRUST. (a) To secure the reconstitution of the trust as provided in 07 secs. 54 and 55, ch. 66, SLA 1991, the following land is hypothecated to the trust established 08 by the Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709: 09 (1) the land to be returned to the trust corpus 10 (A) under sec. 54(1) - (5) ch. 66, SLA 1991; and 11 (B) under sec. 54(6), ch. 66, SLA 1991, if that land is acceptable to the 12 plaintiffs in Weiss v. State of Alaska, 4FA-82-2208 Civil; and 13 (2) in addition to the land described in (1) of this subsection, not more than 14 1,500,000 acres of other state land that is identified in an agreement negotiated between the 15 commissioner of natural resources and the plaintiffs in Weiss v. State of Alaska, 4FA-82-2208 16 Civil; under this paragraph, the commissioner of natural resources and the plaintiffs in Weiss 17 v. State of Alaska, 4FA-82-2208 Civil, shall negotiate the agreement for other state land for 18 hypothecation by using the criteria set out in sec. 55(d) and (e), ch. 66, SLA 1991, that are 19 applicable to proposed exchanges of land between the state and the Alaska Mental Health 20 Trust Authority as authorized by sec. 55, ch. 66, SLA 1991; the total amount of land 21 hypothecated to the trust in the land agreement negotiated under this paragraph shall, when 22 taken together with the land hypothecated to the trust under (1) of this section, be sufficient 23 to reconstitute the trust. 24 (b) Title to the land specified in (a) of this section remains with the state and, so long 25 as no default exists under secs. 54 and 55, ch. 66, SLA 1991, and AS 37.14.036(c), added by 26 sec. 11, ch. 66, SLA 1991, any income from that land shall be deposited in the general fund 27 and considered unrestricted general funds of the state. 28 * Sec. 6. Section 5 of this Act is repealed and any hypothecation under that section is 29 terminated. 30 * Sec. 7. CONDITIONAL RETROACTIVE APPLICATION. If ch. 66, SLA 1991, takes 31 effect before the effective date of secs. 1 - 4 of this Act, secs. 1 - 4 of this Act are retroactive
01 to the actual effective date of ch. 66, SLA 1991. 02 * Sec. 8. Sections 1 - 4 and 7 of this Act do not take effect unless ch. 66, SLA 1991, takes 03 effect. 04 * Sec. 9. Sections 5 and 8 of this Act take effect immediately under AS 01.10.070(c). 05 * Sec. 10. If secs. 1 - 4 and 7 of this Act take effect, they take effect on the effective date 06 of ch. 66, SLA 1991. 07 * Sec. 11. Section 6 of this Act takes effect upon entry of a final order holding ch. 66, 08 SLA 1991, as amended by secs. 1 - 4 of this Act, invalid as a settlement of Weiss v. State of 09 Alaska, 4FA-82-2208 Civil, and the expiration of any time for appeal of that order. The 10 superior court shall advise the lieutenant governor and the revisor of statutes when that final 11 order has been entered.