II 

Calendar No. 513 

112TH CONGRESS 

2D SESSION S. 2071 

[Report No. 112–212] 

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, Mr. PRYOR, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

SEPTEMBER 19, 2012 

Reported by Mrs. BOXER, without amendment 

A BILL 

To grant the Secretary of the Interior permanent authority 

to authorize States to issue electronic duck stamps, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Permanent Electronic 

5 Duck Stamp Act of 2012’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 2071 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACTUAL STAMP.—The term ‘‘actual stamp’’ 

4 means a Federal migratory-bird hunting and con5 servation stamp required under the Act of March 

6 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

7 as the ‘‘Duck Stamp Act’’), that is printed on paper 

8 and sold through the means established by the au9 thority of the Secretary immediately before the date 

10 of enactment of this Act. 

11 (2) AUTOMATED LICENSING SYSTEM.— 

12 (A) IN GENERAL.—The term ‘‘automated 

13 licensing system’’ means an electronic, comput14 erized licensing system used by a State fish and 

15 wildlife agency to issue hunting, fishing, and 

16 other associated licenses and products. 

17 (B) INCLUSION.—The term ‘‘automated li18 censing system’’ includes a point-of-sale, Inter19 net, telephonic system, or other electronic appli20 cations used for a purpose described in sub21 paragraph (A). 

22 (3) ELECTRONIC STAMP.—The term ‘‘electronic 

23 stamp’’ means an electronic version of an actual 

24 stamp that— 

25 (A) is a unique identifier for the individual 

26 to whom it is issued; 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 2071 RS

1 (B) can be printed on paper or produced 

2 through an electronic application with the same 

3 indicators as the State endorsement provides; 

4 (C) is issued through a State automated li5 censing system that is authorized, under State 

6 law and by the Secretary under this Act, to 

7 issue electronic stamps; 

8 (D) is compatible with the hunting licens9 ing system of the State that issues the elec10 tronic stamp; and 

11 (E) is described in the State application 

12 approved by the Secretary under section 4(b). 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior. 

15 SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS. 

16 (a) IN GENERAL.—The Secretary may authorize any 

17 State to issue electronic stamps in accordance with this 

18 Act. 

19 (b) CONSULTATION.—The Secretary shall implement 

20 this section in consultation with State management agen21 cies. 

22 SEC. 4. STATE APPLICATION. 

23 (a) APPROVAL OF APPLICATION REQUIRED.—The 

24 Secretary may not authorize a State to issue electronic 

25 stamps under this Act unless the Secretary has received 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 2071 RS

1 and approved an application submitted by the State in ac2 cordance with this section. The Secretary may determine 

3 the number of new States per year to participate in the 

4 electronic stamp program. 

5 (b) CONTENTS OF APPLICATION.—The Secretary 

6 may not approve a State application unless the application 

7 contains— 

8 (1) a description of the format of the electronic 

9 stamp that the State will issue under this Act, in10 cluding identifying features of the licensee that will 

11 be specified on the stamp; 

12 (2) a description of any fee the State will 

13 charge for issuance of an electronic stamp; 

14 (3) a description of the process the State will 

15 use to account for and transfer to the Secretary the 

16 amounts collected by the State that are required to 

17 be transferred to the Secretary under the program; 

18 (4) the manner by which the State will transmit 

19 electronic stamp customer data to the Secretary; 

20 (5) the manner by which actual stamps will be 

21 delivered; 

22 (6) the policies and procedures under which the 

23 State will issue duplicate electronic stamps; and 


jbell on DSK7SPTVN1PROD with BILLS
5 

•S 2071 RS

1 (7) such other policies, procedures, and infor2 mation as may be reasonably required by the Sec3 retary. 

4 (c) PUBLICATION OF DEADLINES, ELIGIBILITY RE5 QUIREMENTS, AND SELECTION CRITERIA.—Not later than 

6 30 days before the date on which the Secretary begins ac7 cepting applications under this section, the Secretary shall 

8 publish— 

9 (1) deadlines for submission of applications; 

10 (2) eligibility requirements for submitting appli11 cations; and 

12 (3) criteria for approving applications. 

13 SEC. 5. STATE OBLIGATIONS AND AUTHORITIES. 

14 (a) DELIVERY OF ACTUAL STAMP.—The Secretary 

15 shall require that each individual to whom a State sells 

16 an electronic stamp under this Act shall receive an actual 

17 stamp— 

18 (1) by not later than the date on which the 

19 electronic stamp expires under section 6(c); and 

20 (2) in a manner agreed upon by the State and 

21 Secretary. 

22 (b) COLLECTION AND TRANSFER OF ELECTRONIC

23 STAMP REVENUE AND CUSTOMER INFORMATION.— 

24 (1) REQUIREMENT TO TRANSMIT.—The Sec25 retary shall require each State authorized to issue 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 2071 RS

1 electronic stamps to collect and submit to the Sec2 retary in accordance with this section— 

3 (A) the first name, last name, and com4 plete mailing address of each individual that 

5 purchases an electronic stamp from the State; 

6 (B) the face value amount of each elec7 tronic stamp sold by the State; and 

8 (C) the amount of the Federal portion of 

9 any fee required by the agreement for each 

10 stamp sold. 

11 (2) TIME OF TRANSMITTAL.—The Secretary 

12 shall require the submission under paragraph (1) to 

13 be made with respect to sales of electronic stamps 

14 by a State according to the written agreement be15 tween the Secretary and the State agency. 

16 (3) ADDITIONAL FEES NOT AFFECTED.—This 

17 section shall not apply to the State portion of any 

18 fee collected by a State under subsection (c). 

19 (c) ELECTRONIC STAMP ISSUANCE FEE.—A State 

20 authorized to issue electronic stamps may charge a reason21 able fee to cover costs incurred by the State and the De22 partment of the Interior in issuing electronic stamps 

23 under this Act, including costs of delivery of actual 

24 stamps. 


jbell on DSK7SPTVN1PROD with BILLS
7 

•S 2071 RS

1 (d) DUPLICATE ELECTRONIC STAMPS.—A State au2 thorized to issue electronic stamps may issue a duplicate 

3 electronic stamp to replace an electronic stamp issued by 

4 the State that is lost or damaged. 

5 (e) LIMITATION ON AUTHORITY TO REQUIRE PUR6 CHASE OF STATE LICENSE.—A State may not require 

7 that an individual purchase a State hunting license as a 

8 condition of issuing an electronic stamp under this Act. 

9 SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNI10 TION OF ELECTRONIC STAMP. 

11 (a) STAMP REQUIREMENTS.—The Secretary shall re12 quire an electronic stamp issued by a State under this 

13 Act— 

14 (1) to have the same format as any other li15 cense, validation, or privilege the State issues under 

16 the automated licensing system of the State; and 

17 (2) to specify identifying features of the licensee 

18 that are adequate to enable Federal, State, and 

19 other law enforcement officers to identify the holder. 

20 (b) RECOGNITION OF ELECTRONIC STAMP.—Any 

21 electronic stamp issued by a State under this Act shall, 

22 during the effective period of the electronic stamp— 

23 (1) bestow upon the licensee the same privileges 

24 as are bestowed by an actual stamp; 


jbell on DSK7SPTVN1PROD with BILLS
8 

•S 2071 RS

1 (2) be recognized nationally as a valid Federal 

2 migratory bird hunting and conservation stamp; and 

3 (3) authorize the licensee to hunt migratory wa4 terfowl in any other State, in accordance with the 

5 laws of the other State governing that hunting. 

6 (c) DURATION.—An electronic stamp issued by a 

7 State shall be valid for a period agreed to by the State 

8 and the Secretary, which shall not exceed 45 days. 

9 SEC. 7. TERMINATION OF STATE PARTICIPATION. 

10 The authority of a State to issue electronic stamps 

11 under this Act may be terminated— 

12 (1) by the Secretary, if the Secretary— 

13 (A) finds that the State has violated any of 

14 the terms of the application of the State ap15 proved by the Secretary under section 4; and 

16 (B) provides to the State written notice of 

17 the termination by not later than the date that 

18 is 30 days before the date of termination; or 

19 (2) by the State, by providing written notice to 

20 the Secretary by not later than the date that is 30 

21 days before the termination date. 


jbell on DSK7SPTVN1PROD with BILLS

jbell on DSK7SPTVN1PROD with BILLS
Calendar No. 513 

112TH CONGRESS 

2D SESSION S. 2071 

[Report No. 112–212] 

A BILL 

To grant the Secretary of the Interior permanent 

duck stamps, and for other purposes. authority to authorize States to issue electronic 

SEPTEMBER 19, 2012 

Reported without amendment 


jbell on DSK7SPTVN1PROD with BILLS