SF0079 - Merger of transportation and aeronautics commissions.
|
2001 |
State of Wyoming |
01LSO-0386 |
SENATE FILE NO. SF0079
Merger of transportation and aeronautics commissions.
Sponsored by: Senator(s) Geis
A BILL
for
1 AN ACT relating to
boards and commissions; eliminating the
2
aeronautics commission and placing duties with the
3 transportation
commission; amending requirements for
4
appointment to the transportation commission to include
5
some aeronautics expertise as specified; conforming
6
provisions; requiring a report; repealing obsolete
7
provisions; specifying applicability to current
8
commissioners' terms; and providing for effective dates.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 10-1-101(a)(iv),
10-3-201(b),
13 10-3-204 by creating new subsections
(c) and (d), 11-6-105,
14 24-2-101(a), 37-11-102 and 37-11-103
are amended to read:
15
16 10-1-101. Definitions.
17
Page 1
1 (a) As used in this act:
2
3 (iv) "Commission"
means the Wyoming aeronautics
5
6 10-3-201. Powers and duties generally.
7
8 (b) The aeronautics commission may designate the
9
airports to be built and maintained with the assistance of
10 state or federal funds and is the sole
authority to
11 determine the disbursement of funds for the
state's
12 airports. The aeronautics
commission through the department
13 shall be the authority in the state to apply
for, or
14 directly accept, receive, receipt for or
disburse any funds
15 granted by the United States government for
airport
16 construction or maintenance. A county, city,
town or other
17 political subdivision may enter into an
agreement with the
18 division describing the terms and conditions
of the agency
19 in accordance with federal laws, rules and
regulations and
20 applicable laws of this state. The division
may enforce the
21 proper maintenance of these airports by the
counties,
22 cities and towns as agreed in the contracts
existing
23 between the sponsors of the airports and the
federal
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1
government. All construction and maintenance of these
2
airports shall be under the direction of the department.
3
4 10-3-204. Termination of commission.
5
6 (c) Effective May 1,
2001, the powers, duties and
7 authority of the aeronautics
commission created by W.S.
8 10-3-101(a) shall be transferred to
the transportation
9 commission created by W.S. 24-2-101(a).
10
11 (d) No later than September 1, 2006, the department
12 shall
submit a report to the joint transportation and
13 highways
interim committee including recommendations
14 whether
the duties and responsibilities transferred to the
15 transportation
commission under this section should remain
16 with
the commission, whether the aeronautics commission
17 should
be reestablished, or whether some other entity would
18 best
address issues affecting the aviation industry in the
19 state.
20
21 11-6-105. Issuance of aerial hunting
permits
22 authorized.
23
Page 3
1 The department may issue
permits for the aerial hunting of
2
rodents and predators to any person for the protection of
3
livestock, domesticated animals or human life, upon a
4
showing that the person or their designated pilot, along
5
with the aircraft to be utilized in the aerial hunting,
6
have been licensed and qualified in accordance with the
7
requirements of the Wyoming aeronautics transportation
8
commission. The department shall furnish to the game and
9
fish department a list of the names and addresses of the
10 persons to whom they have issued aerial
permits. The
11 department may predicate the issuance or
retention of such
12 permits upon the recipients' full and prompt
disclosure of
13 information as the department may request
for submission to
14 the authorities designated in accordance
with section 13 of
15 the Fish and Wildlife Act of 1956 or its
successor. The
16 department shall collect a fee from each
person who has any
17 aircraft permitted under this section on or
before April 1
18 of each year in the amount authorized by
W.S. 11-1-104.
19
20 24-2-101. Department and commission
created;
21 qualifications; appointment; term; removal; compensation;
22 location of offices; power to bring civil actions; official
23 seal.
24
Page 4
1 (a) There is
created a department of transportation
2 to
consist of a transportation commission and a director of
3 the
department of transportation. The commission shall
4
consist of seven (7) commissioners, not all of whom shall
5 be
registered in the same political party. Not less
than
6 two (2) commissioners shall have a demonstrated interest in
7 aviation matters. They shall biennially elect
their
8
chairman on or after the first day of March. The
9
commissioners shall be appointed by the governor, by and
10 with the advice and consent of the senate,
and each shall
11 serve for a term of six (6) years. The terms
of all
12 commissioners appointed after the effective
date of this
13 section shall terminate on the last day of
February of the
14 sixth year of the term regardless of the
date of the
15 beginning of the term. The governor may
remove any
16 commissioner as provided in W.S. 9-1-202.
17
18 37-11-102. Conditions precedent to
issuance of
19 certificate.
20
21 No certificate of public convenience and
necessity shall be
22 issued by the department of transportation
to any person
23 authorizing operation, as a common carrier
by aircraft in
24 Wyoming intrastate commerce, unless and
until the applicant
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1
shall have submitted to the department a certificate,
2
signed by the director of the Wyoming aeronautics
4 has
complied with the laws of the United States, the laws
5 of
the state of Wyoming, and the lawful rules, regulations
6 and
orders, respecting safety of operations; and the
7
provisions of the "Uniform State Law for Aeronautics", with
8
respect to the right to use airports, airlanes and aircraft
9 as
necessary in order to properly conduct the proposed
10 operations and observe proper standards of
safety in the
11 operation or navigation of aircraft. The
Wyoming
12 aeronautics transportation commission shall require all
13 applicants for a certificate of public
convenience and
14 necessity to furnish to it such evidence as
it may require
15 showing that they have complied in all
respects with the
16 laws, rules, regulations and orders.
17
18 37-11-103. Hearings; right of
transportation
19 commission or director to intervene.
20
21 Whenever a hearing is scheduled before the
department of
22 transportation in any proceeding for
authority to conduct
23 common aircraft operations in Wyoming
intrastate commerce,
24 it shall be the duty of the director of the
department to
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1
notify the administrator chairman of the Wyoming
2 aeronautics transportation
commission; and the Wyoming
3 aeronautics transportation
commission or its administrator
5 of
setting up the interests of the Wyoming aeronautics
7
8 Section 2. W.S. 9-2-2004(c)(i),
10-3-101(a) through
9 (d)
and (g) and 10-6-102 are repealed.
10
12
13 (a) The two (2)
Wyoming transportation commission
14 members to be appointed to six (6) year
terms effective
15 March 1, 2001 to represent districts no. 1
and no. 3 shall
16 be appointed from among the Wyoming
aeronautics commission
17 membership. The terms of all other Wyoming
aeronautics
18 commissioners shall expire effective May 1,
2001.
19
20 (b) Notwithstanding
W.S. 24-2-101(b)(iii), the
21 commissioner appointed to the transportation
commission for
22 district no. 3 effective March 1, 2001 may
reside outside
23 of the counties specified in W.S. 24-2-101(b)(iii).
Upon
24 the completion of that commissioner's term,
the subsequent
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1
appointee shall reside within the counties specified in
2
W.S. 24-2-101(b)(iii).
3
4 Section 4.
5
6 (a) Section 3
of this act is effective immediately
7
upon completion of all acts necessary for a bill to become
8 law
as provided by Article 4, Section 8 of the Wyoming
9
Constitution.
10
11 (b) The balance of this act is effective May 1, 2001.
12
13 (END)
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