Permanent Electronic Duck Stamp Act of 2012

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2071 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2071

To grant the Secretary of the Interior permanent authority to authorize
    States to issue electronic duck stamps, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 6, 2012

 Mr. Wicker (for himself and Mr. Pryor) introduced the following bill;
 which was read twice and referred to the Committee on Environment and
                              Public Works

_______________________________________________________________________

                                 A BILL

To grant the Secretary of the Interior permanent authority to authorize
    States to issue electronic duck stamps, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Electronic Duck Stamp Act
of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Actual stamp.--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.
            (2) Automated licensing system.--
                    (A) In general.--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.
                    (B) Inclusion.--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).
            (3) Electronic stamp.--The term ``electronic stamp'' means
        an electronic version of an actual stamp that--
                    (A) is a unique identifier for the individual to
                whom it is issued;
                    (B) can be printed on paper or produced through an
                electronic application with the same indicators as the
                State endorsement provides;
                    (C) 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;
                    (D) is compatible with the hunting licensing system
                of the State that issues the electronic stamp; and
                    (E) is described in the State application approved
                by the Secretary under section 4(b).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS.

    (a) In General.--The Secretary may authorize any State to issue
electronic stamps in accordance with this Act.
    (b) Consultation.--The Secretary shall implement this section in
consultation with State management agencies.

SEC. 4. STATE APPLICATION.

    (a) 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.
    (b) Contents of Application.--The Secretary may not approve a State
application unless the application contains--
            (1) 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;
            (2) a description of any fee the State will charge for
        issuance of an electronic stamp;
            (3) 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;
            (4) the manner by which the State will transmit electronic
        stamp customer data to the Secretary;
            (5) the manner by which actual stamps will be delivered;
            (6) the policies and procedures under which the State will
        issue duplicate electronic stamps; and
            (7) such other policies, procedures, and information as may
        be reasonably required by the Secretary.
    (c) 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--
            (1) deadlines for submission of applications;
            (2) eligibility requirements for submitting applications;
        and
            (3) criteria for approving applications.

SEC. 5. STATE OBLIGATIONS AND AUTHORITIES.

    (a) 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--
            (1) by not later than the date on which the electronic
        stamp expires under section 6(c); and
            (2) in a manner agreed upon by the State and Secretary.
    (b) Collection and Transfer of Electronic Stamp Revenue and
Customer Information.--
            (1) 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--
                    (A) the first name, last name, and complete mailing
                address of each individual that purchases an electronic
                stamp from the State;
                    (B) the face value amount of each electronic stamp
                sold by the State; and
                    (C) the amount of the Federal portion of any fee
                required by the agreement for each stamp sold.
            (2) 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.
            (3) Additional fees not affected.--This section shall not
        apply to the State portion of any fee collected by a State
        under subsection (c).
    (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.
    (d) 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.
    (e) 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.

SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.

    (a) Stamp Requirements.--The Secretary shall require an electronic
stamp issued by a State under this Act--
            (1) to have the same format as any other license,
        validation, or privilege the State issues under the automated
        licensing system of the State; and
            (2) to specify identifying features of the licensee that
        are adequate to enable Federal, State, and other law
        enforcement officers to identify the holder.
    (b) Recognition of Electronic Stamp.--Any electronic stamp issued
by a State under this Act shall, during the effective period of the
electronic stamp--
            (1) bestow upon the licensee the same privileges as are
        bestowed by an actual stamp;
            (2) be recognized nationally as a valid Federal migratory
        bird hunting and conservation stamp; and
            (3) authorize the licensee to hunt migratory waterfowl in
        any other State, in accordance with the laws of the other State
        governing that hunting.
    (c) Duration.--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.

SEC. 7. TERMINATION OF STATE PARTICIPATION.

    The authority of a State to issue electronic stamps under this Act
may be terminated--
            (1) by the Secretary, if the Secretary--
                    (A) finds that the State has violated any of the
                terms of the application of the State approved by the
                Secretary under section 4; and
                    (B) 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
            (2) by the State, by providing written notice to the
        Secretary by not later than the date that is 30 days before the
        termination date.
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