H. R. 3117
IN THE SENATE OF THE UNITED STATES
January 24, 2012
Received; read twice and referred to the Committee on Environment and Public Works
To grant the Secretary of the Interior permanent authority to authorize States to issue electronic duck stamps, and for other purposes.
This Act may be cited as the
Permanent Electronic Duck Stamp Act of
In this Act:
The term actual
stamp means a Federal migratory-bird hunting and conservation stamp
required under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly
known as the
Duck Stamp Act), that is printed on paper and sold
through the means established by the authority of the Secretary immediately
before the date of enactment of this Act.
Automated licensing system
The term automated licensing system means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products.
The term automated licensing system includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A).
The term electronic stamp means an electronic version of an actual stamp that—
is a unique identifier for the individual to whom it is issued;
can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides;
is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this Act, to issue electronic stamps;
is compatible with the hunting licensing system of the State that issues the electronic stamp; and
is described in the State application approved by the Secretary under section 4(b).
The term Secretary means the Secretary of the Interior.
Authority to issue electronic duck stamps
The Secretary may authorize any State to issue electronic stamps in accordance with this Act.
The Secretary shall implement this section in consultation with State management agencies.
Approval of Application required
The Secretary may not authorize a State to issue electronic stamps under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program.
Contents of Application
The Secretary may not approve a State application unless the application contains—
a description of the format of the electronic stamp that the State will issue under this Act, including identifying features of the licensee that will be specified on the stamp;
a description of any fee the State will charge for issuance of an electronic stamp;
a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program;
the manner by which the State will transmit electronic stamp customer data to the Secretary;
the manner by which actual stamps will be delivered;
the policies and procedures under which the State will issue duplicate electronic stamps; and
such other policies, procedures, and information as may be reasonably required by the Secretary.
Publication of Deadlines, Eligibility Requirements, and Selection Criteria
Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish—
deadlines for submission of applications;
eligibility requirements for submitting applications; and
criteria for approving applications.
State obligations and authorities
Delivery of Actual Stamp
The Secretary shall require that each individual to whom a State sells an electronic stamp under this Act shall receive an actual stamp—
by not later than the date on which the electronic stamp expires under section 6(c); and
in a manner agreed upon by the State and Secretary.
Collection and transfer of electronic stamp revenue and customer information
Requirement to transmit
The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section—
the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State;
the face value amount of each electronic stamp sold by the State; and
the amount of the Federal portion of any fee required by the agreement for each stamp sold.
Time of transmittal
The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency.
Additional fees not affected
This section shall not apply to the State portion of any fee collected by a State under subsection (c).
Electronic Stamp Issuance Fee
A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this Act, including costs of delivery of actual stamps.
Duplicate Electronic Stamps
A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged.
Limitation on Authority To Require Purchase of State License
A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this Act.
Electronic stamp requirements; recognition of electronic stamp
The Secretary shall require an electronic stamp issued by a State under this Act—
to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and
to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder.
Recognition of Electronic Stamp
Any electronic stamp issued by a State under this Act shall, during the effective period of the electronic stamp—
bestow upon the licensee the same privileges as are bestowed by an actual stamp;
be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and
authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting.
An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days.
Termination of State participation
The authority of a State to issue electronic stamps under this Act may be terminated—
by the Secretary, if the Secretary—
finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 4; and
provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or
by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date.
Passed the House of Representatives January 23, 2012.
Karen L. Haas,