00 HOUSE BILL NO. 549 01 "An Act relating to the mental health land trust, the mental health trust income 02 account, and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 03 Civil, and amending ch. 66, SLA 1991, and ch. 5, FSSLA 1994 relating to the 04 trust, the account, and the litigation; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 37.14.036(a), as added by sec. 11, ch. 66, SLA 1991 and amended by sec. 07 15, ch. 5, FSSLA 1994, is further amended to read: 08 (a) The mental health trust settlement income account is established as a 09 separate account of the Alaska Mental Health Trust Authority. The mental health trust 10 settlement income account consists of 11 (1) fees, charges, income earned on assets, and other money received 12 by the trust that is not attributable to the principal of the trust under AS 37.14.031(d); 13 and 14 (2) money deposited in the account in accordance with appropriations 01 or allocations made by law. 02 * Sec. 2. Section 58, ch. 66, SLA 1991, as repealed and reenacted by sec. 37, ch. 5, 03 FSSLA 1994, is amended to read: 04 Sec. 58. (a) This Act takes effect only if, not later than December 15, 1994, 05 (1) the superior court of the State of Alaska has made a [FINAL] 06 determination that the state has satisfied its obligation to reconstitute the mental health 07 trust under State v. Weiss, 706 P.2d 681 (Alaska 1985); and 08 (2) the superior court has entered an [A FINAL] order dismissing 09 Weiss v. State, 4FA-82-2208 Civil [; AND 10 (3) THE TIME FOR APPEALS OF THAT DETERMINATION AND 11 THAT ORDER HAS EXPIRED WITH NO APPEALS HAVING BEEN TAKEN OR 12 ANY APPEALS TAKEN HAVE BEEN FINALLY RESOLVED AND THE ORDER 13 DISMISSING WEISS V. STATE, 4FA-82-2208 CIVIL, HAS BEEN AFFIRMED ON 14 APPEAL]. 15 (b) The attorney general shall advise the lieutenant governor and the revisor 16 of statutes whether the determination required by (a)(1) of this section has been made 17 and[,] whether the [FINAL] order required by (a)(2) of this section has been entered 18 [, AND WHETHER, AS REQUIRED BY (a)(3) OF THIS SECTION, THE TIME 19 FOR APPEALS OF THAT DETERMINATION AND THAT ORDER HAS EXPIRED 20 WITH NO APPEALS HAVING BEEN TAKEN AS OF THAT DATE OR ANY 21 APPEALS TAKEN HAVE BEEN FINALLY RESOLVED AND THE ORDER 22 DISMISSING WEISS V. STATE, 4FA-82-2208 CIVIL, HAS BEEN AFFIRMED ON 23 APPEAL]. 24 * Sec. 3. (a) Section 39, ch. 5, FSSLA 1994, is amended to read: 25 Sec. 39. AS 37.14.009(b), 37.14.011(b), 37.14.011(c) [37.14.011], 37.14.021, 26 37.14.036(c); AS 38.05.800; AS 47.30.031(b)(2); secs. 1, 2, 4, and 5, ch. 132, SLA 27 1986; secs. 7 - 10, ch. 48, SLA 1987; and secs. 49, 50, 53 - 57, ch. 66, SLA 1991, are 28 repealed. 29 (b) The amendment made by (a) of this section is intended to revive AS 37.14.011(a), 30 establishing the mental health trust income account in the general fund. This subsection 31 provides the expression of intent to revive required by AS 01.10.100(c). 01 * Sec. 4. Section 40(a), ch. 5, FSSLA 1994, is amended to read: 02 (a) For the purpose of reconstituting the mental health trust established under 03 the Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956), as required 04 by the Alaska Supreme Court's decision in State v. Weiss [WEISS V. STATE], 706 05 P.2d 681 (Alaska 1985), the following land is designated as mental health trust land: 06 (1) the original mental health land listed in "Original Mental Health 07 Land To Be Designated as Mental Health Trust Land, April 28, 1994," as amended 08 by the additions and deletions listed in the September 23, 1994 addendum to the 09 April 28, 1994 list described in this paragraph, both of which are located in the 10 office of the director of the division of lands, Department of Natural Resources, in 11 Anchorage, Alaska; and 12 (2) the state land listed in "Other State Land To Be Designated as 13 Mental Health Trust Land, April 28, 1994," as amended by the additions and 14 deletions listed in the September 23, 1994 addendum to the April 28, 1994 list 15 described in this paragraph, both of which are located in the office of the director 16 of the division of lands, Department of Natural Resources, in Anchorage, Alaska. 17 * Sec. 5. Section 40(b), ch. 5, FSSLA 1994, is amended to read: 18 (b) All land designated as mental health trust land under this section remains 19 subject to all encumbrances or interests of record, noted on records maintained by the 20 Department of Natural Resources, or otherwise existing on the date that the land is 21 designated as mental health trust land [EFFECTIVE DATE OF THIS SECTION]. 22 * Sec. 6. Section 41(a), ch. 5, FSSLA 1994, is amended to read: 23 (a) Except for the land described in sec. 40 of this Act, 24 (1) the conversion to general grant land by sec. 3(a), ch. 181, SLA 25 1978, and sec. 1(a), ch. 182, SLA 1978, of all land obtained by the state under the 26 Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956), and not listed 27 in "Original Mental Health Land To Be Designated as Mental Health Trust Land, 28 April 28, 1994," as amended by the additions and deletions listed in the 29 September 23, 1994 addendum to the April 28, 1994 list described in this 30 paragraph, both of which are located in the office of the director of the division of 31 lands, Department of Natural Resources, in Anchorage, Alaska, is confirmed and 01 ratified; and 02 (2) land patented to or approved for patent to the state under the 03 Alaska Mental Health Enabling Act after July 1, 1978, and not listed in "Original 04 Mental Health Land To Be Designated as Mental Health Trust Land, April 28, 1994," 05 as amended by the additions and deletions listed in the September 23, 1994 06 addendum to the April 28, 1994 list described in this paragraph, both of which 07 are located in the office of the director of the division of lands, Department of Natural 08 Resources, in Anchorage, Alaska, is redesignated as general grant land if it was not 09 converted to general grant land by sec. 3(a), ch. 181, SLA 1978, and sec. 1(a), ch. 182, 10 SLA 1978. 11 * Sec. 7. Section 41(b), ch. 5, FSSLA 1994, is amended to read: 12 (b) The land affected by this section includes the land listed in "Original 13 Mental Health Land Not To Be Returned to Mental Health Trust Status, April 28, 14 1994," as amended by the additions and deletions listed in the September 23, 1994 15 addendum to "Original Mental Health Land To Be Designated as Mental Health 16 Trust Land, April 28, 1994," all of which are located in the office of the director 17 of the division of lands, Department of Natural Resources, in Anchorage, Alaska. 18 * Sec. 8. Section 48, ch. 5, FSSLA 1994, is amended to read: 19 Sec. 48. If the conditions of sec. 58, ch. 66, SLA 1991, as amended by sec. 37 20 of this Act, are not met on or before December 15, 1994, [OR ON A DATE 21 DETERMINED BY THE GOVERNOR UNDER SEC. 47 OF THIS ACT,] then ch. 22 66, SLA 1991, is repealed and secs. 3 - 9, 12 -16, 19 - 21, 23 - 30, 33 - 36, 43, and 23 46 of this Act do not take effect. 24 * Sec. 9. Section 49, ch. 5, FSSLA 1994, is amended to read: 25 Sec. 49. If the conditions of sec. 58, ch. 66, SLA 1991, as amended by sec. 37 26 of this Act, are met on or before December 15, 1994, [OR ON A DATE 27 DETERMINED BY THE GOVERNOR UNDER SEC. 47 OF THIS ACT,] then 28 AS 37.14.013, added by sec. 10 of this Act, AS 37.14.023, added by sec. 11 of this 29 Act, AS 47.30.546, and sec. 44 of this Act are repealed. 30 * Sec. 10. Section 50, ch. 5, FSSLA 1994, is amended to read: 31 Sec. 50. Subject to sec. 48 of this Act, secs. 3 - 9, 12 - 16, 19 - 21, 23 - 30, 01 33 - 36, 43, and 46 of this Act take effect December 16, 1994 [, OR ON A DATE 02 DETERMINED BY THE GOVERNOR UNDER SEC. 47 OF THIS ACT]. 03 * Sec. 11. Section 51, ch. 5, FSSLA 1994, is amended to read: 04 Sec. 51. Sections 48 and 49 of this Act take effect December 16, 1994 [, OR 05 ON A DATE DETERMINED BY THE GOVERNOR UNDER SEC. 47 OF THIS 06 ACT]. 07 * Sec. 12. AS 37.14.011(a) is repealed on the date that the director of the office of 08 management and budget, Office of the Governor, certifies to the revisor of statutes that the 09 mental health trust income account (AS 37.14.011) is no longer needed to finance 10 appropriations enacted by law. 11 * Sec. 13. Section 47, ch. 5, FSSLA 1994 is repealed. 12 * Sec. 14. (a) The benefits conferred on the beneficiaries of the mental health trust under 13 ch. 66, SLA 1991, chs. 5 and 6, FSSLA 1994, a bill passed by the Second Special Session of 14 the Alaska State Legislature that amends ch. 6, FSSLA 1994 and becomes law, and this Act, 15 are intended as part of a comprehensive settlement of the mental health trust land litigation, 16 Weiss v. State, 4FA-82-2208 Civil, and related cases. 17 (b) Sections 3 - 9, 12 - 16, 19 - 21, 23 - 30, 33 - 36, 43, and 46, ch. 5, FSSLA 1994 18 and ch. 66, SLA 1991, as amended by ch. 5, FSSLA 1994 and this Act, are repealed on the 19 date that an order of dismissal entered by the superior court of Weiss v. State, 4FA-82-2208 20 Civil, is reversed on appeal including a petition for certiorari to the United States Supreme 21 Court. The attorney general shall certify that date to the lieutenant governor and the revisor 22 of statutes. 23 * Sec. 15. (a) If ch. 66, SLA 1991 and secs. 3 - 9, 12 - 16, 19 - 21, 23 - 30, 33 - 36, 43, 24 and 46, ch. 5, FSSLA 1994 are repealed under sec. 14 of this Act, provisions of the Alaska 25 Statutes that were 26 (1) enacted by ch. 66, SLA 1991 and those sections of ch. 5, FSSLA 1994 are 27 repealed; 28 (2) amended by ch. 66, SLA 1991 and those sections of ch. 5, FSSLA 1994 29 are amended to read as they did on the day before the effective date of the amendments made 30 by the repealed laws; however, unless inconsistent with this Act, amendments to those 31 provisions that were made after the enactment of ch. 66, SLA 1991 and before the effective 01 date of this section are not affected by this Act; and 02 (3) repealed by ch. 66, SLA 1991 and those sections of ch. 5, FSSLA 1994 03 are revived to read as they did on the day before the effective date of the repeal; however, a 04 provision that was repealed by ch. 66, SLA 1991 and has been repealed by other legislation 05 enacted after ch. 66, SLA 1991 and before the effective date of this section or that was 06 repealed by ch. 5, FSSLA 1994 and has been repealed by other legislation enacted after ch. 07 5, FSSLA 1994 and before the effective date of this section is not revived. 08 (b) AS 37.14.013 and 37.14.023, enacted by secs. 10 and 11, ch. 5, FSSLA 1994, and 09 repealed by sec. 49, ch. 5, FSSLA 1994, are revived. 10 (c) The effective date of a repeal, amendment, or revival described in (a) and (b) of 11 this section is the date that the attorney general certifies to the lieutenant governor and the 12 revisor of statutes under sec. 14(b) of this Act. 13 (d) The provisions of (a)(3) and (b) of this section provide the expression of intent 14 to revive required by AS 01.10.100(c). 15 * Sec. 16. If ch. 66, SLA 1991 and secs. 3 - 9, 12 - 16, 19 - 21, 23 - 30, 33 - 36, 43, and 16 46, ch. 5, FSSLA 1994 are repealed under sec. 14 of this Act, all grants made and contracts 17 entered into by the Alaska Mental Health Trust Authority before the effective date of the 18 repeal are ratified and responsibility for the administration of all grants and contracts of the 19 authority is transferred to the Department of Health and Social Services. 20 * Sec. 17. In ch. 66, SLA 1991 and ch. 5, FSSLA 1994, the revisor of statutes shall change 21 references to the "mental health trust income account," as established by AS 37.14.036, to the 22 "mental health trust settlement income account." 23 * Sec. 18. Section 3 of this Act is retroactive to June 24, 1994. 24 * Sec. 19. Sections 1 and 17 of this Act take effect December 16, 1994. 25 * Sec. 20. Except as provided in sec. 19 of this Act, this Act takes effect immediately 26 under AS 01.10.070(c).