SF0043 - Department of transportation rulemaking.

 

2001

State of Wyoming

01LSO-0089.E1 ENGROSSED

 

 

 

SENATE FILE NO.  SF0043

 

 

Department of transportation rulemaking.

 

Sponsored by:  Joint Transportation and Highways Interim
Committee

 

 

A BILL

 

for

 

 1  AN ACT relating to the department of transportation;
 2  granting rulemaking authority to the department subject to
 3  specified requirements; eliminating obsolete language; and
 4  providing for an effective date.

 5 

 6  Be It Enacted by the Legislature of the State of Wyoming:

 7 

 8         Section 1.  W.S. 31-1-201(a), (d) and by creating a
 9  new subsection (g) is amended to read:

10 

11         31-1-201.  General administrative procedures.

12 

13         (a)  The department shall provide for the
14  administration and enforcement of this act by its
15  divisions. The department has supervisory jurisdiction over
16  the levy and collection of fees and taxes levied by this

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 1  act and the state board of equalization shall, only after
 2  recommendation from the director of the department or any
 3  person pursuant to W.S. 16-3-106, subject to subsection (g)
 4  of this section, promulgate rules and regulations
 5  consistent with the provisions hereof as provided by the
 6  Wyoming Administrative Procedure Act necessary to the
 7  enforcement of the fee and taxation provisions of this act. 
 8  For the purpose of the rulemaking procedures the department
 9  shall have any and all rights afforded to a person pursuant
10  to the Wyoming Administrative Procedure Act.

11 

12         (d)  The department shall prescribe and provide
13  suitable forms of applications, registration cards and all
14  other forms necessary to carry out the provisions of this
15  act subject to the requirements of this act and the state
16  board of equalization shall, only after recommendation from
17  the director of the department or any person pursuant to
18  W.S. 16-3-106, subject to subsection (g) of this section,
19  promulgate rules and regulations consistent with the
20  provisions hereof as provided by the Wyoming Administrative
21  Procedure Act necessary to the enforcement of the fee and
22  taxation provisions of this act. For the purpose of the
23  rulemaking procedures the department shall have any and all
24  rights afforded to a person pursuant to the Wyoming

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 1  Administrative Procedure Act. The department shall
 2  promulgate rules and regulations permitting any person
 3  aggrieved by any final administrative decision of the
 4  department including the payment of any fees and taxes to
 5  appeal to the office of administrative hearings pursuant to
 6  W.S. 9-2-2202. The department shall provide, at cost,
 7  suitable certificate of title forms to county clerks.

 8 

 9       (g)  Rules and regulations promulgated by the
10  department establishing collection of fees and taxation
11  under this act shall be submitted to the joint
12  transportation and highways interim committee of the
13  legislature. In addition and unless specifically
14  reauthorized by the legislature prior to July 1, 2007,
15  rules and regulations promulgated by the department prior
16  to July 1, 2007, which establish collection of fees and
17  taxation under this act shall on and after July 1, 2007, be
18  null and void and of no effect and shall not be
19  enforceable.

20 

 

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 1         Section 2.  This act is effective immediately upon
 2  completion of all acts necessary for a bill to become law
 3  as provided by Article 4, Section 8 of the Wyoming
 4  Constitution.

 5 

 6                         (END)

 

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