00 SENATE BILL NO. 383
01 "An Act making and amending appropriations relating to the mental health trust
02 fund, the mental health trust income account, and the mental health trust
03 settlement income account; and providing for an effective date."
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
05 * Section 1. Section 1(a), ch. 6, FSSLA 1994, is amended to read:
06 (a) The sum of $200,000,000 is appropriated to the mental health trust fund
07 (AS 37.14.031), added by sec. 11, ch. 66, SLA 1991, from the following sources, in
08 the amounts listed, to capitalize the mental health trust fund:
09 SOURCE APPROPRIATION
10 (1) Mental health trust income $ 33,000,000
11 account (AS 37.14.011) [BALANCE
12 ON JUNE 30, 1995]
13 (2) Department of Natural Resources - 11,700,000
14 mental health trust income in the
01 general fund
02 (3) Proceeds from sale of Department of 25,000,000
03 Natural Resources land sale
04 contract portfolio
05 (4) Budget reserve fund (art. IX, sec. 17(c), 130,300,000
06 Constitution of the State of Alaska)
07 * Sec. 2. Section 1(b), ch. 6, FSSLA 1994 is amended to read:
08 (b) The appropriations made by (a), (f), and (g) of this section are contingent
09 upon
10 (1) the enactment into law of a bill passed by the Eighteenth Alaska
11 State Legislature that amends ch. 66, SLA 1991, and contains other provisions relating
12 to the mental health land trust and mental health land trust litigation (Weiss v. State,
13 4FA-82-2208 Civil); and
14 (2) not later than December 15, 1994,
15 (A) the superior court of the State of Alaska having made a
16 [FINAL] determination that the state has satisfied its obligation to reconstitute
17 the mental health trust under State v. Weiss, 706 P.2d 681 (Alaska 1985); and
18 (B) the superior court having entered an [A FINAL] order
19 dismissing Weiss v. State, 4FA-82-2208 Civil[; AND
20 (C) THE TIME FOR APPEALS OF THAT DETERMINATION
21 AND THAT ORDER HAVING EXPIRED WITH NO APPEALS HAVING
22 BEEN TAKEN AS OF THAT DATE OR ANY APPEALS TAKEN HAVING
23 BEEN FINALLY RESOLVED AND THE ORDER DISMISSING WEISS V.
24 STATE, 4FA-82-2208 CIVIL, HAVING BEEN AFFIRMED ON APPEAL].
25 * Sec. 3. Section 1(e), ch. 6, FSSLA 1994 is amended to read:
26 (e) The appropriations made by (a), (f), and (g) of this section are for the
27 capitalization of funds and do not lapse.
28 * Sec. 4. Section 1, ch. 6, FSSLA 1994 is amended by adding new subsections to read:
29 (f) If the money available for appropriation from a funding source identified
30 in (a)(1), (3), or (4) of this section is less than the amount appropriated by any of those
31 paragraphs, then the amount necessary to cover the shortfall is appropriated from the
01 unappropriated balance of mental health trust income deposited in the general fund.
02 (g) If the money available for appropriation from a funding source identified
03 in (a)(2), (a)(3), (a)(4), or (f) of this section is less than the amount necessary to
04 entirely fund any of the appropriations made by (a)(2), (a)(3), (a)(4), or (f) of this
05 section, then an amount equal to the shortfall, remaining after the appropriation under
06 (f) of this section is made, is appropriated from the unappropriated money in the
07 mental health trust income account (AS 37.14.011).
08 * Sec. 5. If the amount in the mental health trust income account (AS 37.14.011) is
09 insufficient to fund appropriations from that account passed by the Eighteenth Alaska
10 Legislature or a previous legislature, and enacted into law, the amount necessary to fund those
11 appropriations is appropriated from the general fund to the mental health trust income account
12 (AS 37.14.011).
13 * Sec. 6. (a) On the date that AS 37.14.011(a) is repealed, the balance of the mental
14 health trust income account (AS 37.14.011) is transferred to the general fund.
15 (b) The unexpended, unobligated, and unencumbered balances of appropriations from
16 the mental health trust income account (AS 37.14.011) that lapse after the repeal of
17 AS 37.14.011(a) lapse into the general fund.
18 * Sec. 7. Expenditures, made in accordance with law, from the mental health trust income
19 account (AS 37.14.011) on or after June 24, 1994, and before the effective date of this section,
20 are ratified.
21 * Sec. 8. (a) The sum of $200,000,000 and an amount equivalent to the amount deposited
22 in the mental health trust fund (AS 37.14.031) that is attributable to inflation proofing
23 $200,000,000 of the principal of that fund, determined as of the date of the repeal of
24 AS 37.14.031, is appropriated from that fund to the general fund.
25 (b) The unexpended and unobligated balance remaining in the mental health trust fund
26 (AS 37.14.031) after the appropriation made by (a) of this section is appropriated to the
27 mental health trust income and proceeds account (AS 37.14.013).
28 * Sec. 9. The unexpended and unobligated balance in the mental health trust settlement
29 income account (AS 37.14.036) on the date of the repeal of AS 37.14.036 is appropriated to
30 the mental health trust income and proceeds account (AS 37.14.013).
31 * Sec. 10. Sections 8 and 9 of this Act take effect only if a dismissal of Weiss v. State,
01 4FA-82-2208 Civil, by the superior court is reversed on appeal, including a petition for
02 certiorari to the United States Supreme Court.
03 * Sec. 11. Section 1(c), ch. 6, FSSLA 1994, is repealed.
04 * Sec. 12. Sections 1 - 7 and 11 of this Act are retroactive to June 24, 1994.
05 * Sec. 13. If they take effect under sec. 10 of this Act, secs. 8 and 9 of this Act take effect
06 on the date that an order of dismissal entered by the superior court of Weiss v. State, 4FA-82-2208 Civil, is reversed
07 on appeal, including a petition for certiorari to the United States
08 Supreme Court. The attorney general shall certify that date to the lieutenant governor and the
09 revisor of statutes.
10 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect immediately
11 under AS 01.10.070(c).