SB 383: "An Act making and amending appropriations relating to the mental health trust fund, the mental health trust income account, and the mental health trust settlement income account; and providing for an effective date."
00SENATE 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).