A BILL TO BE ENTITLED
AN ACT to REFORM the governance of the North Carolina Global TransPark and to Repay the loan from the Escheat Fund to the Global TransPark.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 63A‑3(a) reads as rewritten:
"(a)	Creation. The North Carolina Global TransPark Authority is created as a body corporate and politic having the powers and jurisdiction as provided under this Chapter or any other law. The Authority is a State agency created to perform essential governmental and public functions. The Authority shall be located within the Department of  Transportation and shall be subject to the direction and supervision of the  Secretary."
SECTION 1.(b)  G.S. 63A‑3(b) reads as rewritten:
"(b)	Board of Directors. The Authority shall be governed by a Board of Directors. The Board shall consist of at least the following 20 members:
(1)	 Six members appointed by the Governor. One member shall be representative of the economic development industry, two members shall be representative of commercial real estate development industry, two members shall be representative of the banking and finance industry, and one member shall be representative of environmental interests. Of the Governor's six appointments, at least one member shall come from each of the State's three regions: Western, Piedmont, and Eastern.
(2)	Three members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121. One member shall be representative of the aerospace and aviation industry, one member shall be representative of advanced manufacturing industries, and one member shall be representative of the logistics and supply chain management industry.
(3)	Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121. One member shall be representative of the aerospace and aviation industry, one member shall be representative of the emergency response and disaster relief industries, and one member shall be representative of the defense and security industry.
(4)	The State Treasurer, who shall serve as an ex officio nonvoting member.
(5)	The President of the North Carolina System of Community Colleges, provided that the President of the North Carolina Community Colleges may instead appoint to the Board of Directors one member of the board of trustees of a community college or one president of a community college. If such an appointment is made, the appointee shall serve at the pleasure of the President.
(6)	The President of The University of North Carolina, provided that the President of the University of North Carolina may instead appoint to the Board of Directors one member of the board of trustees of a constituent institution of The University of North Carolina, or one chancellor of a constituent institution of The University of North Carolina. If such an appointment is made, the appointee shall serve at the pleasure of the President.
(7)	The Chairman of the State Ports Authority.
(8)	One member appointed by the board of county commissioners of any county in which the cargo airport complex site is located.
(9)	One member appointed by the city council of the city which is a county seat of any county in which the cargo airport complex site is located.
(10)	The Commissioner of Agriculture.
(11)	The Secretary of the Department of Commerce.
Within 90 days after the Authority acquires land, either by purchase or condemnation, for development as part of a cargo airport complex site, the board of county commissioners in any county in which a portion of the land is located and the city council of the city which is the county seat of the county shall, by resolution, each appoint a person to serve as a member of the Board. If the board of commissioners or the city council appoints one of its own members to the Board, the county commissioner or the member of the city council who is appointed is considered to be serving on the Board as an ex officio voting member as part of the duties of the office of county commissioner or the office of city council member, in accordance with G.S. 128‑1.2, and is not considered to be serving in a separate office. Notwithstanding G.S. 116‑31(h), a member of the board of trustees of a constituent institution of The University of North Carolina appointed to the Board of Directors under subdivision (6) of this subsection may concurrently serve on the board of trustees and the Board of Directors. Notwithstanding any other provision of law, the Governor may serve on the Board of Directors by his own appointment on or after July 16, 1991, under subdivision (1) of this subsection.
As the holder of an office, each member of the Board shall take the oath required by Article VI, § 7 of the North Carolina Constitution before assuming the duties of a Board member."
SECTION 1.(c)  G.S. 63A‑3(c) is repealed.
SECTION 1.(d)  G.S. 63A‑3 is amended by adding a new subsection to read as follows:
"(d1)	Notwithstanding the terms of board members appointed by the General Assembly as specified in subsection (d) of this section, terms of board members appointed by the General Assembly shall end June 30, 2011. After June 30, 2011, the six members appointed by the General Assembly shall be divided into two classes. The first class shall consist of three persons, two of whom shall be appointed upon recommendation of the Speaker of the House of Representatives and one of whom shall be appointed upon recommendation of the President Pro Tempore of the Senate, to serve an initial term expiring June 30, 2013, with subsequent terms expiring each fourth June 30th thereafter. The second class shall consist of three persons, two of whom shall be appointed upon recommendation of the President Pro Tempore of the Senate and one of whom shall be appointed upon recommendation of the Speaker of the House of Representatives, to serve an initial term expiring June 30, 2015, with subsequent terms expiring each fourth June 30th thereafter."
SECTION 1.(e)  G.S. 63A‑24(3) reads as rewritten:
"(3)	Except for G.S. 146‑29.1, 146‑79, and 146‑80, Chapter 146 of the General Statutes does not apply to the Authority. Notwithstanding this exemption from Chapter 146 of the General Statutes, the Secretary of Transportation may designate employees of the Authority as subject to Chapter 146 of the General Statutes."
SECTION 2.(a)	 There is appropriated to Statewide Reserves the sum of seventeen million five hundred thousand dollars ($17,500,000) for payment to the Escheat Fund.  The Office of State Budget and Management shall remit to the Escheat Fund the sum of seventeen million five hundred thousand dollars ($17,500,000) as payment on the outstanding loan from the Escheat Fund to the Global TransPark Authority authorized under G.S. 63A‑4(a)(22) and G.S. 147‑69.2(b)(11).
SECTION 2.(b)  If House Bill 200 of the 2011 Regular Session becomes law, then Section 9.8(a) of that act reads as rewritten:
"SECTION 9.8.(a)  There is appropriated from the Escheat Fund income to the Board of Governors of The University of North Carolina the sum of forty‑nine million six hundred twenty‑two thousand two hundred forty‑two dollars ($49,622,242) for the 2011‑2012 fiscal year and the sum of thirty‑two million one hundred twenty‑two thousand two hundred forty‑two dollars ($32,122,242) for the 2012‑2013 fiscal year to be used for The University of North Carolina Need‑Based Financial Aid Program."
SECTION 2.(c)  If House Bill 200 of the 2011 Regular Session becomes law, then Section 2.1 of that act reads as rewritten:
"SECTION 2.1.  Appropriations from the General Fund of the State for the maintenance of the State departments, institutions, and agencies, and for other purposes as enumerated, are made for the fiscal biennium ending June 30, 2013, according to the following schedule:

Current Operations – General Fund	2011‑2012	2012‑2013

EDUCATION

Community Colleges System Office	$      985,000,000	$      985,000,000

Department of Public Instruction	7,464,492,057	7,450,000,000

University of North Carolina – Board of Governors
	Appalachian State University	145,563,319	145,680,676
	East Carolina University
		Academic Affairs	247,397,807	247,397,807
		Health Affairs	65,196,439	65,196,439
	Elizabeth City State University	38,226,042	38,398,361
	Fayetteville State University	56,925,951	56,925,951
	NC A&T State University	105,355,805	105,794,754
	NC Central University	94,342,683	94,342,683
	NC State University
		Academic Affairs	434,563,241	434,677,423
		Agricultural Research	59,239,461	59,239,461
		Agricultural Extension	43,539,609	43,539,609
	UNC‑Asheville	42,004,444	42,004,444
	UNC‑Chapel Hill
		Academic Affairs	309,481,584	312,843,120
		Health Affairs	219,507,009	222,570,732
		AHEC	49,747,851	49,747,851
	UNC‑Charlotte	216,455,073	217,471,216
	UNC‑Greensboro	173,180,926	173,180,926
	UNC‑Pembroke	61,534,005	62,277,254
	UNC‑School of the Arts	27,796,473	27,796,473
	UNC‑Wilmington	105,943,181	107,138,757
	Western Carolina University 	90,591,556	91,070,460
	Winston‑Salem State University	76,496,951	76,496,950
	General Administration	38,186,863	27,628,722
		University Institution Programs	(375,153,400)	(383,808,914)
	Related Educational Programs	68,179,060	115,272,420
	UNC Financial Aid Private Colleges	91,635,664	86,534,065
	NC School of Science & Math	18,937,535	18,937,535
	UNC Hospitals	18,000,000	18,000,000
Total University of North Carolina – 
	Board of Governors	$    2,522,875,132	$    2,551,672,698

HEALTH AND HUMAN SERVICES

Department of Health and Human Services
	Division of Central Management and Support	$        50,177,377	$        44,577,987
	Division of Aging and Adult Services	37,019,667	37,019,667
	Division of Services for Blind/Deaf/Hard of Hearing	8,389,110	8,372,886
	Division of Child Development	266,102,933	266,102,933
	Division of Health Service Regulation	16,133,031	16,133,031
	Division of Medical Assistance	2,958,388,184	2,907,276,302
	Division of Mental Health, 
		Developmental Disabilities, and
		Substance Abuse Services	665,712,232	710,712,232
	NC Health Choice	79,452,317	83,717,865
	Division of Public Health	190,443,245	157,538,834
	Division of Social Services	186,183,068	186,183,068
	Division of Vocational Rehabilitation	37,125,788	37,528,128
Total Health and Human Services	$    4,495,126,952	$    4,455,162,933 

NATURAL AND ECONOMIC RESOURCES

Department of Agriculture and Consumer Services	$        65,460,864	$        62,198,634

Department of Commerce
	Commerce	50,852,340	33,250,463
	Commerce State‑Aid	32,851,025	30,151,984
	NC Biotechnology Center	17,551,710	17,551,710
	Rural Economic Development Center	25,376,729	25,376,729

Department of Environment and Natural Resources	165,784,887	148,148,105

DENR Clean Water Management Trust Fund	11,250,000	11,250,000

Department of Labor	15,836,887	15,836,887

Wildlife Resources Commission 	18,000,000	17,221,179

JUSTICE AND PUBLIC SAFETY

Department of Correction	$    1,337,816,346	$    1,348,410,793

Department of Crime Control and Public Safety	225,258,795	215,164,518

Judicial Department	438,920,048	435,141,107
Judicial Department – Indigent Defense	110,091,526	112,748,733

Department of Justice	80,704,013	80,864,138

Department of Juvenile Justice and Delinquency Prevention	135,593,692	131,140,565

GENERAL GOVERNMENT
Department of Administration	$       63,607,330     $        65,511,460

Department of State Auditor	11,857,574	10,676,035

Office of State Controller	28,368,957	28,368,957

Department of Cultural Resources
	Cultural Resources	63,524,857	61,697,001
	Roanoke Island Commission	1,805,236	1,203,491

State Board of Elections	5,186,603	5,126,603

General Assembly	53,259,495	50,104,208

Office of the Governor
	Office of the Governor	4,741,157	4,741,157
	Office of State Budget and Management	5,848,663	5,848,663
	OSBM – Reserve for Special Appropriations	1,940,612	440,612
	Housing Finance Agency	9,673,051	9,673,051

Department of Insurance
	Insurance	36,393,921	36,393,921
	Insurance – Volunteer Safety Workers' Compensation	2,294,000	2,623,654

Office of Lieutenant Governor	695,324	695,324

Office of Administrative Hearings	4,983,871	4,983,871

Department of Revenue	78,199,538	78,199,538

Department of Secretary of State	10,654,563	10,654,563

Department of State Treasurer
	State Treasurer	6,657,031	6,621,750
	State Treasurer – 
		Retirement for Fire and Rescue Squad Workers	17,812,114	17,812,114

RESERVES, ADJUSTMENTS, AND DEBT SERVICE

Contingency and Emergency Fund	$        5,000,000	$        5,000,000

State Retirement System Contribution	248,100,000	336,000,000

Judicial Retirement System Contribution	6,800,000	7,800,000

Firemen's & Rescue Squad Workers' Pension Fund	4,318,042	5,366,928

State Health Plan	7,119,541	102,151,104

Information Technology Fund	4,458,142	6,158,142

Reserve for Job Development Investment Grants (JDIG)	15,400,000	27,400,000

Continuation Review Reserve	0	35,576,758

Comprehensive Review of Compensation Plans	2,000,000	0

Compensation Adjustment and Performance Pay Reserve	0	121,105,840

Severance Expenditure Reserve	69,000,000	0

Automated Fraud Detection Development	1,000,000	7,000,000

Controller – Fraud Detection Development	500,000	500,000

Debt Service
	General Debt Service	688,957,188	759,984,974
	Federal Reimbursement	1,616,380	1,616,380

Payment to Escheat Fund					      17,500,000

TOTAL CURRENT OPERATIONS –
	GENERAL FUND	$ 19,678,116,193	$ 19,943,327,275".

SECTION 3.  Any monies received from a grant made on or after July 1, 2011, by The Golden Leaf (Long‑Term Economic Advancement Foundation), Inc., to the Global TransPark Authority shall be first applied to the payment of any outstanding loan from the Escheat Fund to the Global TransPark Authority authorized under G.S. 63A‑4(a)(22) and G.S. 147‑69.2(b)(11).
SECTION 4.(a)  If House Bill 200 of the 2011 Regular Session becomes law, then Section 6.10 of that act is repealed.
SECTION 4.(b)  G.S. 147‑69.2(b)(11), as amended by Section 7 of S.L. 2005‑144, Section 2 of S.L. 2005‑201, Section 28.17 of S.L. 2005‑276, Section 27.7 of S.L. 2007‑323, and Section 25.2 of S.L. 2009‑451, reads as rewritten:
"(b)	It shall be the duty of the State Treasurer to invest the cash of the funds enumerated in subsection (a) of this section in excess of the amount required to meet the current needs and demands on such funds, selecting from among the following:
…
(11)	With respect to assets of the Escheat Fund, obligations of the North Carolina Global TransPark Authority authorized by G.S. 63A‑4(a)(22), not to exceed twenty‑five million dollars ($25,000,000), that have a final maturity not later than October 1, 2012. The obligations shall bear interest at the rate set by the State Treasurer. No commitment to purchase obligations may be made pursuant to this subdivision after September 1, 1993, and no obligations may be purchased after September 1, 1994. In the event of a loss to the Escheat Fund by reason of an investment made pursuant to this subdivision, it is the intention of the General Assembly to hold the Escheat Fund harmless from the loss by appropriating to the Escheat Fund funds equivalent to the loss.
If any part of the property owned by the North Carolina Global TransPark Authority now or in the future is divested, proceeds of the divestment shall be used to fulfill any unmet obligations on an investment made pursuant to this subdivision."
SECTION 5.  This act becomes effective July 1, 2011.