(a)On or before the first day of July of each year the
director of revenue shall, by requiring special reports or
otherwise, determine the total aggregate amount of the gross
Wyoming intrastate retail revenues of all public utilities,
entities utilizing public utility facilities in the state to
furnish retail utility commodities or services to the public,
and providers of telecommunication services, except motor
carriers, and those utilities exempted under W.S. 37-2-108, for
the preceding calendar year. The director shall then determine
the ratio that one-half (1/2) of the total authorized budgeted
amount for the biennium is to the total aggregate gross retail
Wyoming intrastate operating revenues. The resulting percentage
factor shall then be applied to the annual intrastate gross
retail
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(a) On or before the first day of July of each year the
director of revenue shall, by requiring special reports or
otherwise, determine the total aggregate amount of the gross
Wyoming intrastate retail revenues of all public utilities,
entities utilizing public utility facilities in the state to
furnish retail utility commodities or services to the public,
and providers of telecommunication services, except motor
carriers, and those utilities exempted under W.S. 37-2-108, for
the preceding calendar year. The director shall then determine
the ratio that one-half (1/2) of the total authorized budgeted
amount for the biennium is to the total aggregate gross retail
Wyoming intrastate operating revenues. The resulting percentage
factor shall then be applied to the annual intrastate gross
retail operating revenues of each of such persons for the
preceding calendar year and the result shall be the assessment
of each such person for the ensuing budget fiscal year. However,
the assessment rate against the persons for any one (1) year
shall not exceed three-thousandths (.003) of the gross Wyoming
intrastate retail revenues of the persons unless the assessment
of three-thousandths (.003) is insufficient to produce the
amount to be collected. If the amount to be collected exceeds
the amount produced by the application of the percentage factor
to the gross Wyoming intrastate retail revenue of the persons,
an additional assessment sufficient to produce the amount to be
collected but not to exceed two-thousandths (.002) shall be made
against those persons defined as public utilities in W.S. 37-1-
101(a)(vi)(C), (D) or (G) but not cooperative utilities that are
eligible for exemption and that choose to opt out from retail
rate regulation. By the first day of August the director shall
assess the persons, and one-half (1/2) of the assessed fees
shall be paid to the director by the persons on or before the
first day of October and one-half (1/2) of the fees shall be
paid to the director by the persons on or before the first day
of April in the ensuing year. The director, in computing the
percentage upon which fees for the first fiscal year of the
ensuing biennium shall be based, shall deduct any unexpended
balance in the commission's account, less an amount equal to the
total of all properly authorized outstanding accounts payable,
from one-half (1/2) the total authorized budgeted amount for the
biennium, and the resultant figure shall be used instead of the
one-half (1/2) of the total authorized budgeted amount for the
biennium, as above provided. Any unexpended balance in the
commission's account shall not lapse at the end of the fiscal
period. "Intrastate gross retail operating revenues" as used in
this section shall mean intrastate gross revenues derived from
the provision of telecommunications, gas, electric, water and
pipeline service offered for final consumption and not for
resale.
(b) Repealed By Laws 2012, Ch. 84, § 102.