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Donate NowH.R.3117 - Permanent Electronic Duck Stamp Act of 2011
To grant the Secretary of the Interior permanent authority to authorize States to issue electronic duck stamps, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 1,320 | n/a | n/a |
| Reported in House | 1,492 | 15 | 18% |
| Engrossed in House | 1,336 | 10 | 13% |
| Referred in Senate | 1,326 | 5 Show Changes Hide Changes | 4% |
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HR 3117 EHRFSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3117CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 24, 2012CommentsClose CommentsPermalink
January 24, 2012CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

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

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

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Permanent Electronic Duck Stamp Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink

(1) ACTUAL STAMP- The term ‘actual stamp’ means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (

(2) AUTOMATED LICENSING SYSTEM-CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

(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).CommentsClose CommentsPermalink

(3) ELECTRONIC STAMP- The term ‘electronic stamp’ means an electronic version of an actual stamp that--CommentsClose CommentsPermalink

(A) is a unique identifier for the individual to whom it is issued;CommentsClose CommentsPermalink

(B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides;CommentsClose CommentsPermalink

(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;CommentsClose CommentsPermalink

(D) is compatible with the hunting licensing system of the State that issues the electronic stamp; andCommentsClose CommentsPermalink

(E) is described in the State application approved by the Secretary under section 4(b).CommentsClose CommentsPermalink

(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

(b) Consultation- The Secretary shall implement this section in consultation with State management agencies.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

(b) Contents of Application- The Secretary may not approve a State application unless the application contains--CommentsClose CommentsPermalink

(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;CommentsClose CommentsPermalink

(2) a description of any fee the State will charge for issuance of an electronic stamp;CommentsClose CommentsPermalink

(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;CommentsClose CommentsPermalink

(4) the manner by which the State will transmit electronic stamp customer data to the Secretary;CommentsClose CommentsPermalink

(5) the manner by which actual stamps will be delivered;CommentsClose CommentsPermalink

(6) the policies and procedures under which the State will issue duplicate electronic stamps; andCommentsClose CommentsPermalink

(7) such other policies, procedures, and information as may be reasonably required by the Secretary.CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink

(1) deadlines for submission of applications;CommentsClose CommentsPermalink

(2) eligibility requirements for submitting applications; andCommentsClose CommentsPermalink

(3) criteria for approving applications.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink

(1) by not later than the date on which the electronic stamp expires under section 6(c); andCommentsClose CommentsPermalink

(2) in a manner agreed upon by the State and Secretary.CommentsClose CommentsPermalink

(b) Collection and Transfer of Electronic Stamp Revenue and Customer Information-CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink

(A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State;CommentsClose CommentsPermalink

(B) the face value amount of each electronic stamp sold by the State; andCommentsClose CommentsPermalink

(C) the amount of the Federal portion of any fee required by the agreement for each stamp sold.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

(3) ADDITIONAL FEES NOT AFFECTED- This section shall not apply to the State portion of any fee collected by a State under subsection (c).CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink

(1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; andCommentsClose CommentsPermalink

(2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder.CommentsClose CommentsPermalink

(b) Recognition of Electronic Stamp- Any electronic stamp issued by a State under this Act shall, during the effective period of the electronic stamp--CommentsClose CommentsPermalink

(1) bestow upon the licensee the same privileges as are bestowed by an actual stamp;CommentsClose CommentsPermalink

(2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; andCommentsClose CommentsPermalink

(3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

SEC. 7. TERMINATION OF STATE PARTICIPATION.
The authority of a State to issue electronic stamps under this Act may be terminated--CommentsClose CommentsPermalink

(1) by the Secretary, if the Secretary--CommentsClose CommentsPermalink

(A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 4; andCommentsClose CommentsPermalink

(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; orCommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

Passed the House of Representatives January 23, 2012.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk. 112th CONGRESS 2d Session H. R. 3117 AN ACT

Clerk.CommentsClose CommentsPermalink

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U.S. Congress - Text of H.R.3117 as Referred in Senate Permanent Electronic Duck Stamp Act of 2011



