SF0095 - Merger of aeronautics and transportation commissions.
|
2001 |
State of Wyoming |
01LSO-0059 |
SENATE FILE NO. SF0095
Merger of aeronautics and transportation commissions.
Sponsored by: Joint Transportation and Highways Interim
Committee
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
11 10-1-101. Definitions.
12
13 (a) As used in this act:
14
15 (iv) "Commission"
means the Wyoming aeronautics
17
18 (x) "Council" means the aeronautics
council
19 created
by W.S. 10-3-101(a).
20
21 CHAPTER 3
22 WYOMING TRANSPORTATION COMMISSION
23
24 ARTICLE 1
Page 2
1 ORGANIZATION
2
3 10-3-101. Creation; composition;
appointment; term;
4 removal; qualifications;
vacancies; compensation; office;
5 acceptance of grants.
6
7 (a) Effective May 1, 2001, the commission aeronautics
8 council is created to
consist of seven (7) commissioners
9 members appointed by the governor, by and with the consent
of the senate,
each to serve for a term of six (6) years.
11 The members of
the aeronautics commission who were serving
12 on the
aeronautics commission on April 30, 2001, may serve
13 the remainder of
their terms as members of the aeronautics
14 council,
effective May 1, 2001. Two (2) commissioners
16 years. The governor may remove any commissioner member
as
17 provided in W.S. 9-1-202. Two (2) members of the council
18 shall also serve
ex officio as members of the
19 transportation
commission created by W.S. 24-2-101.
20
21 (b) One (1) commissioner member
shall be appointed
22 from each of the following districts:
23
Page 2
1 (c) If any commissioner member
ceases to be a
2
resident of the district from which he is appointed, his
3
office shall be vacant. All vacancies from any cause shall
4 be
filled by appointment by the governor as provided in
5
W.S. 28-12-101.
6
7 (d) Not more
than four (4) members of the commission
of the
commissioners member shall qualify by taking the
10 constitutional oath of office and each shall
act without
11 pay except that he may receive his actual
traveling
12 expenses according to law.
13
14 10-3-201. Powers and duties generally.
15
16 (b) The aeronautics commission may designate the
17 airports to be built and maintained with the
assistance of
18 state or federal funds and is the sole
authority to
19 determine the disbursement of funds for the
state's
20 airports. The aeronautics
commission through the department
21 shall be the authority in the state to apply
for, or
22 directly accept, receive, receipt for or
disburse any funds
23 granted by the United States government for
airport
24 construction or maintenance. A county, city,
town or other
Page 4
1
political subdivision may enter into an agreement with the
2
division describing the terms and conditions of the agency
3 in
accordance with federal laws, rules and regulations and
4
applicable laws of this state. The division may enforce the
5
proper maintenance of these airports by the counties,
6
cities and towns as agreed in the contracts existing
7
between the sponsors of the airports and the federal
8
government. All construction and maintenance of these
9
airports shall be under the direction of the department.
10
11 (d) The council shall meet not less than two (2)
12 times
each year and upon the request of the commission, and
13 shall
serve as an advisory council to the commission.
14
15 10-3-204. Termination of commission.
16
17 (c) Effective May 1, 2001, the powers, duties and
18 authority
of the aeronautics commission created by W.S.
19 10-3-101(a)
shall be transferred to the transportation
20 commission
created by W.S. 24-2-101(a).
21
22 (d) No later than September 1, 2006, the department
23 shall
submit a report to the joint transportation and
24 highways
interim committee including recommendations
Page 5
1 whether the duties and responsibilities transferred to the
2 transportation commission under this
section should remain
3 with the commission, what the role of
the aeronautics
4 council should be, whether the
aeronautics commission
5 should be reestablished, and whether
some other entity
6 would best address issues affecting
the aviation industry
7 in the state.
8
9 11-6-105. Issuance of aerial hunting
permits
10 authorized.
11
12 The department may issue permits for the aerial hunting of
13 rodents and predators to any person for the
protection of
14 livestock, domesticated animals or human
life, upon a
15 showing that the person or their designated
pilot, along
16 with the aircraft to be utilized in the
aerial hunting,
17 have been licensed and qualified in
accordance with the
18 requirements of the Wyoming aeronautics transportation
19 commission. The department shall furnish to
the game and
20 fish department a list of the names and
addresses of the
21 persons to whom they have issued aerial
permits. The
22 department may predicate the issuance or
retention of such
23 permits upon the recipients' full and prompt
disclosure of
24 information as the department may request
for submission to
Page 6
1 the authorities
designated in accordance with section 13 of
2 the
Fish and Wildlife Act of 1956 or its successor. The
3
department shall collect a fee from each person who has any
4
aircraft permitted under this section on or before April 1
5 of
each year in the amount authorized by W.S. 11-1-104.
6
7 24-2-101. Department and commission
created;
8 qualifications;
appointment; term; removal; compensation;
9 location of offices; power
to bring civil actions; official
10 seal.
11
12 (a) There is
created a department of transportation
13 to consist of a transportation commission
and a director of
14 the department of transportation. The
commission shall
15 consist of seven
(7) nine (9) commissioners,
not all of
16 whom shall be registered in the same
political party. Two
17 (2) commissioners
shall be appointed from the aeronautics
18 council created
by W.S. 10-3-101 to serve ex officio for a
19 term of six (6)
years. The ex officio members shall
serve
20 with the same
powers, duties and responsibilities as other
21 commissioners. They shall biennially elect their chairman
22 on or after the first day of March. The
commissioners shall
23 be appointed by the governor, by and with
the advice and
24 consent of the senate, and each shall serve
for a term of
Page 7
1 six
(6) years. The terms of all commissioners appointed
2
after the effective date of this section shall terminate on
3 the
last day of February of the sixth year of the term
4
regardless of the date of the beginning of the term. The
5
governor may remove any commissioner as provided in W.S.
6 9-1-202.
7
8 37-11-102. Conditions precedent to
issuance of
9 certificate.
10
11 No certificate of public convenience and
necessity shall be
12 issued by the department of transportation
to any person
13 authorizing operation, as a common carrier
by aircraft in
14 Wyoming intrastate commerce, unless and
until the applicant
15 shall have submitted to the department a
certificate,
16 signed by the director of the Wyoming aeronautics
18 has complied with the laws of the United
States, the laws
19 of the state of Wyoming, and the lawful
rules, regulations
20 and orders, respecting safety of operations;
and the
21 provisions of the "Uniform State Law
for Aeronautics", with
22 respect to the right to use airports,
airlanes and aircraft
23 as necessary in order to properly conduct
the proposed
24 operations and observe proper standards of
safety in the
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1
operation or navigation of aircraft. The Wyoming
2 aeronautics transportation
commission shall require all
3
applicants for a certificate of public convenience and
4 necessity
to furnish to it such evidence as it may require
5
showing that they have complied in all respects with the
6
laws, rules, regulations and orders.
7
8 37-11-103. Hearings; right of
transportation
9 commission or director to
intervene.
10
11 Whenever a hearing is scheduled before the
department of
12 transportation in any proceeding for
authority to conduct
13 common aircraft operations in Wyoming
intrastate commerce,
14 it shall be the duty of the director of the
department to
15 notify the administrator
chairman of the Wyoming
16 aeronautics transportation commission; and the Wyoming
17 aeronautics transportation commission or its administrator
19 of setting up the interests of the Wyoming aeronautics
21
22 Section 2. W.S. 10-6-102 is repealed.
23
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1 Section 3. Notwithstanding
W.S. 24-2-101(a), the
2
first two (2) members of the aeronautics council appointed
3 as
ex officio members of the transportation commission
4
shall serve the remainder of their terms on the council as
5
members of the transportation commission. Upon the
6
completion of those commissioners' terms, the subsequent
7
appointees shall serve full six (6) year terms.
8
9 Section 4. This act is effective immediately upon
10 completion of all acts necessary for a bill
to become law
11 as provided by Article 4, Section 8 of the
Wyoming
12 Constitution.
13
14 (END)
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