GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE BILL 422*

Short Title:        No High-Speed Rail Money from Federal Gov't.		(Public)
Sponsors:	Representatives Killian, Frye, and Shepard (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Transportation, if favorable, Commerce and Job Development, if favorable, Finance.

March 22, 2011

A BILL TO BE ENTITLED

AN ACT to prohibit the department of transportation from accepting federal funds for a high-speed rail project without Explicit authorization from the General Assembly, and to provide a penalty for the Department of Transportation for noncompliance.

The General Assembly of North Carolina enacts:

SECTION 1.  Notwithstanding G.S. 136-44.36 or any other provision of law, the Department of Transportation shall not apply for, accept, or expend any grant funding from the federal government for any high-speed rail project unless the project has been approved through an act of the General Assembly.

SECTION 2.  If the Department of Transportation accepts funds in contravention of Section 1 of this act, then, notwithstanding Section 5.6 of S.L. 2009-451, as amended by Section 5.4 of S.L. 2010-31, G.S. 136-44.36, or any other provision of law, any funds received by the State from the federal government for high-speed rail projects shall be deposited into the General Fund to be appropriated at the discretion of the General Assembly by a later act. Additionally, the Department of Transportation shall pay from the Highway Fund any penalties, interest, or other charges that result from its acceptance of funds in contravention of Section 1 of this act.

SECTION 3.  Except as otherwise provided, this act becomes effective March 1, 2011.