A BILL TO BE ENTITLED
AN ACT TO REPEAL, WITH A THREE‑YEAR PHASEOUT, THE ANNUAL TRANSFER OF ONE HUNDRED SEVENTY MILLION DOLLARS IN HIGHWAY USE TAX COLLECTIONS FROM THE HIGHWAY TRUST FUND TO THE GENERAL FUND AND TO PROVIDE THAT THOSE FUNDS SHALL BE USED BY THE DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND MAINTENANCE OF COMMUTER THOROUGHFARES.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 105‑187.9(b) reads as rewritten:
"			
(b)	Subject to the availability of revenue, the State Treasurer shall transfer the following sums of the taxes deposited in the Trust Fund, pursuant to subsection (a) of this section, to the General Fund:
(1)	On July 1, 2005 – one hundred twenty‑seven million five hundred thousand dollars ($127,500,000).
(2)	On July 1, 2006 – eighty‑five million dollars ($85,000,000).
(3)	On July 1, 2007 – forty‑two million five hundred thousand dollars ($42,500,000).
(4)	On July 1, 2008, and on July 1 or each year thereafter, no funds shall be transferred."
SECTION 2.  G.S. 136‑176 is amended by adding a new subsection to read:
"(e)	The Department of Transportation shall use the following funds from the North Carolina Highway Trust Fund created in subsection (a) of this section for construction and maintenance of commuter thoroughfares, which are secondary highways and state roadways that are at or above design capacity for traffic during peak weekday drive times:
(1)	For the 2005‑2006 fiscal year – forty‑two million five hundred thousand dollars ($42,500,000).
(2)	For the 2006‑2007 fiscal year – eighty‑five million dollars ($85,000,000).
(3)	For the 2007‑2008 fiscal year – one hundred twenty‑seven million five hundred thousand dollars ($127,500,000).
(4)	For the 2008‑2009 and all subsequent fiscal years – one hundred seventy million dollars ($170,000,000)."
SECTION 3.  This act becomes effective July 1, 2005.