II 

113TH CONGRESS 

1ST SESSION S. 738 

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 

APRIL 16, 2013 

Mr. WICKER (for himself, Mr. PRYOR, Mr. COCHRAN, and Mr. BAUCUS) 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. 

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 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means a Federal migratory-bird hunting and conVerDate Mar 15 2010 04:32 Apr 20, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S738.IS S738

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1 servation stamp required under the Act of March 

2 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

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

4 and sold through the means established by the au5 thority of the Secretary immediately before the date 

6 of enactment of this Act. 

7 (2) AUTOMATED LICENSING SYSTEM.— 

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

9 licensing system’’ means an electronic, comput10 erized licensing system used by a State fish and 

11 wildlife agency to issue hunting, fishing, and 

12 other associated licenses and products. 

13 (B) INCLUSION.—The term ‘‘automated li14 censing system’’ includes a point-of-sale, Inter15 net, telephonic system, or other electronic appli16 cations used for a purpose described in sub17 paragraph (A). 

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

19 stamp’’ means an electronic version of an actual 

20 stamp that— 

21 (A) is a unique identifier for the individual 

22 to whom it is issued; 

23 (B) can be printed on paper or produced 

24 through an electronic application with the same 

25 indicators as the State endorsement provides; 


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1 (C) is issued through a State automated li2 censing system that is authorized, under State 

3 law and by the Secretary under this Act, to 

4 issue electronic stamps; 

5 (D) is compatible with the hunting licens6 ing system of the State that issues the elec7 tronic stamp; and 

8 (E) is described in the State application 

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

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

11 the Secretary of the Interior. 

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

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

14 State to issue electronic stamps in accordance with this 

15 Act. 

16 (b) CONSULTATION.—The Secretary shall implement 

17 this section in consultation with State management agen18 cies. 

19 SEC. 4. STATE APPLICATION. 

20 (a) APPROVAL OF APPLICATION REQUIRED.—The 

21 Secretary may not authorize a State to issue electronic 

22 stamps under this Act unless the Secretary has received 

23 and approved an application submitted by the State in ac24 cordance with this section. The Secretary may determine 


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

2 electronic stamp program. 

3 (b) CONTENTS OF APPLICATION.—The Secretary 

4 may not approve a State application unless the application 

5 contains— 

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

7 stamp that the State will issue under this Act, in8 cluding identifying features of the licensee that will 

9 be specified on the stamp; 

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

11 charge for issuance of an electronic stamp; 

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

13 use to account for and transfer to the Secretary the 

14 amounts collected by the State that are required to 

15 be transferred to the Secretary under the program; 

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

17 electronic stamp customer data to the Secretary; 

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

19 delivered; 

20 (6) the policies and procedures under which the 

21 State will issue duplicate electronic stamps; and 

22 (7) such other policies, procedures, and infor23 mation as may be reasonably required by the Sec24 retary. 


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1 (c) PUBLICATION OF DEADLINES, ELIGIBILITY RE2 QUIREMENTS, AND SELECTION CRITERIA.—Not later than 

3 30 days before the date on which the Secretary begins ac4 cepting applications under this section, the Secretary shall 

5 publish— 

6 (1) deadlines for submission of applications; 

7 (2) eligibility requirements for submitting appli8 cations; and 

9 (3) criteria for approving applications. 

10 SEC. 5. STATE OBLIGATIONS AND AUTHORITIES. 

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

12 shall require that each individual to whom a State sells 

13 an electronic stamp under this Act shall receive an actual 

14 stamp— 

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

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

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

18 Secretary. 

19 (b) COLLECTION AND TRANSFER OF ELECTRONIC

20 STAMP REVENUE AND CUSTOMER INFORMATION.— 

21 (1) REQUIREMENT TO TRANSMIT.—The Sec22 retary shall require each State authorized to issue 

23 electronic stamps to collect and submit to the Sec24 retary in accordance with this section— 


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1 (A) the first name, last name, and com2 plete mailing address of each individual that 

3 purchases an electronic stamp from the State; 

4 (B) the face value amount of each elec5 tronic stamp sold by the State; and 

6 (C) the amount of the Federal portion of 

7 any fee required by the agreement for each 

8 stamp sold. 

9 (2) TIME OF TRANSMITTAL.—The Secretary 

10 shall require the submission under paragraph (1) to 

11 be made with respect to sales of electronic stamps 

12 by a State according to the written agreement be13 tween the Secretary and the State agency. 

14 (3) ADDITIONAL FEES NOT AFFECTED.—This 

15 section shall not apply to the State portion of any 

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

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

18 authorized to issue electronic stamps may charge a reason19 able fee to cover costs incurred by the State and the De20 partment of the Interior in issuing electronic stamps 

21 under this Act, including costs of delivery of actual 

22 stamps. 

23 (d) DUPLICATE ELECTRONIC STAMPS.—A State au24 thorized to issue electronic stamps may issue a duplicate 


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1 electronic stamp to replace an electronic stamp issued by 

2 the State that is lost or damaged. 

3 (e) LIMITATION ON AUTHORITY TO REQUIRE PUR4 CHASE OF STATE LICENSE.—A State may not require 

5 that an individual purchase a State hunting license as a 

6 condition of issuing an electronic stamp under this Act. 

7 SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNI8 TION OF ELECTRONIC STAMP. 

9 (a) STAMP REQUIREMENTS.—The Secretary shall re10 quire an electronic stamp issued by a State under this 

11 Act— 

12 (1) to have the same format as any other li13 cense, validation, or privilege the State issues under 

14 the automated licensing system of the State; and 

15 (2) to specify identifying features of the licensee 

16 that are adequate to enable Federal, State, and 

17 other law enforcement officers to identify the holder. 

18 (b) RECOGNITION OF ELECTRONIC STAMP.—Any 

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

20 during the effective period of the electronic stamp— 

21 (1) bestow upon the licensee the same privileges 

22 as are bestowed by an actual stamp; 

23 (2) be recognized nationally as a valid Federal 

24 migratory bird hunting and conservation stamp; and 


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1 (3) authorize the licensee to hunt migratory wa2 terfowl in any other State, in accordance with the 

3 laws of the other State governing that hunting. 

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

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

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

7 SEC. 7. TERMINATION OF STATE PARTICIPATION. 

8 The authority of a State to issue electronic stamps 

9 under this Act may be terminated— 

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

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

12 the terms of the application of the State ap13 proved by the Secretary under section 4; and 

14 (B) provides to the State written notice of 

15 the termination by not later than the date that 

16 is 30 days before the date of termination; or 

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

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

19 days before the termination date. 

Æ 


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