HB0278 - Aeronautics and transportation commissions-merger.
|
2001 |
State of Wyoming |
01LSO-0615 |
HOUSE BILL NO. HB0278
Aeronautics and transportation commissions-merger.
Sponsored by: Representative(s) Cohee, Nelson, Simons and
Tomassi and
Senator(s) Barton and Geis
A BILL
for
1 AN ACT relating to
boards and commissions; eliminating the
2
aeronautics commission; creating an aeronautics council as
3
specified; amending requirements for appointment to the
4
transportation commission to include aeronautics expertise
5 as
specified and increasing the size of the commission;
6 conforming
provisions; requiring a report; repealing an
7
obsolete provision; and providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section
1. W.S. 9-2-2004(c)(i), 10-1-101(a)(iv) and
12 by creating a new paragraph (x),
10-3-101(a), (b)(intro),
13 (c) and (d), 10-3-201(b) and by
creating a new subsection
14 (d), 10-3-204 by creating new
subsections (c) and (d),
15 11-6-105, 24-2-101(a), 37-11-102 and
37-11-103 are amended
16 to read:
Page 1
1
2 9-2-2004. Department of transportation
created;
3 director appointed;
structure.
4
5 (c) The
following agencies are assigned to the
6
department of transportation under a Type 1 transfer:
7
8 (i) Aeronautics
commission council;
9
10 10-1-101. Definitions.
11
12 (a) As used in this act:
13
14 (iv) "Commission"
means the Wyoming aeronautics
16
17 (x) "Council" means the aeronautics council
18 created
by W.S. 10-3-101(a).
19
20 CHAPTER 3
21 WYOMING TRANSPORTATION COMMISSION
22
23 ARTICLE 1
24 ORGANIZATION
Page 2
1
2 10-3-101. Creation; composition;
appointment; term;
3 removal; qualifications;
vacancies; compensation; office;
4 acceptance of grants.
5
6 (a) Effective May 1, 2001, the commission aeronautics
7 council is created to
consist of seven (7) commissioners
8 members appointed by the governor, by and with the consent
of the senate, each to serve for a term of six
(6) years.
10 The members of
the aeronautics commission who were serving
11 on the
aeronautics commission on April 30, 2001, may serve
12 the remainder of
their terms as members of the aeronautics
13 council,
effective May 1, 2001. Two (2) commissioners
15 years. The governor may remove any commissioner member
as
16 provided in W.S. 9-1-202. Two (2) members of the council
17 shall also serve
ex officio as members of the
18 transportation
commission created by W.S. 24-2-101.
19
20 (b) One (1) commissioner member
shall be appointed
21 from each of the following districts:
22
23 (c) If any commissioner member
ceases to be a
24 resident of the district from which he is
appointed, his
Page 3
1
office shall be vacant. All vacancies from any cause shall
2 be
filled by appointment by the governor as provided in
3
W.S. 28-12-101.
4
5 (d) Not more
than four (4) members of the commission
of the
commissioners member shall qualify by taking the
8 constitutional
oath of office and each shall act without
9 pay
except that he may receive his actual traveling
10 expenses according to law.
11
12 10-3-201. Powers and duties generally.
13
14 (b) The aeronautics commission may designate the
15 airports to be built and maintained with the
assistance of
16 state or federal funds and is the sole
authority to
17 determine the disbursement of funds for the
state's
18 airports. The aeronautics
commission through the department
19 shall be the authority in the state to apply
for, or
20 directly accept, receive, receipt for or
disburse any funds
21 granted by the United States government for
airport
22 construction or maintenance. A county, city,
town or other
23 political subdivision may enter into an
agreement with the
24 division describing the terms and conditions
of the agency
Page 4
1 in
accordance with federal laws, rules and regulations and
2
applicable laws of this state. The division may enforce the
3
proper maintenance of these airports by the counties,
4
cities and towns as agreed in the contracts existing
5
between the sponsors of the airports and the federal
6
government. All construction and maintenance of these
7
airports shall be under the direction of the department.
8
9 (d) The council shall
meet not less than two (2)
10 times
each year and upon the request of the commission, and
11 shall
serve as an advisory council to the commission.
12
13 10-3-204. Termination of commission.
14
15 (c) Effective May 1, 2001, the powers, duties and
16 authority
of the aeronautics commission created by W.S.
17 10-3-101(a)
shall be transferred to the transportation
18 commission
created by W.S. 24-2-101(a).
19
20 (d) No later than September 1, 2006, the department
21 shall
submit a report to the joint transportation and
22 highways
interim committee including recommendations
23 whether
the duties and responsibilities transferred to the
24 transportation
commission under this section should remain
Page 5
1 with the commission, what the role of the aeronautics
2 council should be, whether the
aeronautics commission
3 should be reestablished, and whether
some other entity
4 would best address issues affecting
the aviation industry
5 in the state.
6
7 11-6-105. Issuance of aerial hunting
permits
8 authorized.
9
10 The department may issue permits for the aerial hunting of
11 rodents and predators to any person for the
protection of
12 livestock, domesticated animals or human
life, upon a
13 showing that the person or their designated
pilot, along
14 with the aircraft to be utilized in the
aerial hunting,
15 have been licensed and qualified in
accordance with the
16 requirements of the Wyoming aeronautics transportation
17 commission. The department shall furnish to
the game and
18 fish department a list of the names and
addresses of the
19 persons to whom they have issued aerial
permits. The
20 department may predicate the issuance or
retention of such
21 permits upon the recipients' full and prompt
disclosure of
22 information as the department may request
for submission to
23 the authorities designated in accordance
with section 13 of
24 the Fish and Wildlife Act of 1956 or its
successor. The
Page 6
1 department shall collect
a fee from each person who has any
2
aircraft permitted under this section on or before April 1
3 of
each year in the amount authorized by W.S. 11-1-104.
4
5 24-2-101. Department and commission
created;
6 qualifications;
appointment; term; removal; compensation;
7 location of offices; power
to bring civil actions; official
8 seal.
9
10 (a) There is
created a department of transportation
11 to consist of a transportation commission
and a director of
12 the department of transportation. The
commission shall
13 consist of seven
(7) nine (9) commissioners,
not all of
14 whom shall be registered in the same
political party. Two
15 (2) commissioners
shall be appointed from the aeronautics
16 council created
by W.S. 10-3-101 to serve ex officio for a
17 term of six (6)
years. The ex officio members shall serve
18 with the same
powers, duties and responsibilities as other
19 commissioners.
They shall biennially elect their chairman
20 on or after the first day of March. The
commissioners shall
21 be appointed by the governor, by and with
the advice and
22 consent of the senate, and each shall serve
for a term of
23 six (6) years. The terms of all
commissioners appointed
24 after the effective date of this section
shall terminate on
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1 the
last day of February of the sixth year of the term
2
regardless of the date of the beginning of the term. The
3
governor may remove any commissioner as provided in W.S.
4 9-1-202.
5
6 37-11-102. Conditions precedent to
issuance of
7 certificate.
8
9 No
certificate of public convenience and necessity shall be
10 issued by the department of transportation
to any person
11 authorizing operation, as a common carrier
by aircraft in
12 Wyoming intrastate commerce, unless and
until the applicant
13 shall have submitted to the department a
certificate,
14 signed by the director of the Wyoming aeronautics
16 has complied with the laws of the United
States, the laws
17 of the state of Wyoming, and the lawful
rules, regulations
18 and orders, respecting safety of operations;
and the
19 provisions of the "Uniform State Law
for Aeronautics", with
20 respect to the right to use airports, air
lines and
21 aircraft as necessary in order to properly
conduct the
22 proposed operations and observe proper
standards of safety
23 in the operation or navigation of aircraft.
The Wyoming
24 aeronautics transportation commission shall require all
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1
applicants for a certificate of public convenience and
2
necessity to furnish to it such evidence as it may require
3
showing that they have complied in all respects with the
4
laws, rules, regulations and orders.
5
6 37-11-103. Hearings; right of
transportation
7 commission or director to
intervene.
8
9
Whenever a hearing is scheduled before the department of
10 transportation in any proceeding for
authority to conduct
11 common aircraft operations in Wyoming
intrastate commerce,
12 it shall be the duty of the director of the
department to
13 notify the administrator
chairman of the Wyoming
14 aeronautics transportation commission; and the Wyoming
15 aeronautics transportation commission or its administrator
17 of setting up the interests of the Wyoming aeronautics
19
20 Section 2. W.S. 10-6-102 is repealed.
21
22 Section
3. Notwithstanding W.S. 24-2-101(a), the
23 first two (2) members of the aeronautics
council appointed
24 as ex officio members of the transportation
commission
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1
shall serve the remainder of their terms on the council as
2
members of the transportation commission. Upon the
3
completion of those commissioners' terms, the subsequent
4 appointees
shall serve full six (6) year terms.
5
6 Section 4. This act is effective immediately upon
7
completion of all acts necessary for a bill to become law
8 as
provided by Article 4, Section 8 of the Wyoming
9
Constitution.
10
11 (END)
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