ORIGINAL SENATE                                          

FILE   NO.  0043

 

ENROLLED ACT NO. 9,  SENATE

 

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

 

 

 

 

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

 

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

 

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

 

31-1-201.  General administrative procedures.

 

(a)  The department shall provide for the
administration and enforcement of this act by its
divisions. The department has supervisory jurisdiction over
the levy and collection of fees and taxes levied by this
act and the state board of equalization shall, only after
recommendation from the director of the department or any
person pursuant to W.S. 16-3-106,
subject to subsection (g)
of this section,
promulgate rules and regulations
consistent with the provisions hereof as provided by the
Wyoming Administrative Procedure Act necessary to the
enforcement of the fee and taxation provisions of this act.
For the purpose of the rulemaking procedures the department
shall have any and all rights afforded to a person pursuant
to the Wyoming Administrative Procedure Act.

 

(d)  The department shall prescribe and provide
suitable forms of applications, registration cards and all
other forms necessary to carry out the provisions of this
act subject to the requirements of this act and the state
board of equalization
shall, only after recommendation from
the director of the department or any person pursuant to
W.S. 16-3-106,
subject to subsection (g) of this section,
promulgate rules and regulations consistent with the

 

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provisions hereof as provided by the Wyoming Administrative
Procedure Act necessary to the enforcement of the fee and
taxation provisions of this act. For the purpose of the
rulemaking procedures the department shall have any and all
rights afforded to a person pursuant to the Wyoming
Administrative Procedure Act.
The department shall
promulgate rules and regulations permitting any person
aggrieved by any final administrative decision of the
department including the payment of any fees and taxes to
appeal to the office of administrative hearings pursuant to
W.S. 9-2-2202.
The department shall provide, at cost,
suitable certificate of title forms to county clerks.

 

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

 

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

 

(END)

 

 

 

 

                                     

Speaker of the House                  President of the Senate

 

                                              

                 Governor                     

                                              

                 TIME APPROVED: _________     

                 DATE APPROVED: _________     

 

I hereby certify that this act originated in the Senate.

 

 

Chief Clerk

 

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