Game and fish-electronic licensing.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0194.E1

HOUSE BILL
NO.
HB0082

Game and fish-electronic licensing.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to game and fish; providing for electronic licensing for hunting and fishing licenses, stamps and tags; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 23
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1
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102(a) by creating a new paragraph (xviii), 23
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1
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302(a)(xiv) and by creating a new subsection (o), 23
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1
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701(b)(intro) and (c), 23
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1
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801, 23
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2
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101(f)(intro), (j)(intro) and (m), 23
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2
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107(e), 23
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2
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201(d)(intro), 23
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2
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301(c)(intro),
23
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2
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306(a)(intro), 23
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2
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307(b) and
23
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3
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403(a)
are amended to read:

23
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1
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102.

General definitions.

(a)

As used in this act:

(xviii)

"Electronic licensing
" means a system for the issuance of licenses, stamps and tags as an alternative to issuing original paper licenses, stamps and tags. An electronic licensing system is a system in which the license, stamp or tag, or authorization therefore, is received through a point of sale terminal or through a computer and in which payment is made and accepted through an electronic transaction.

23
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1
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302.

Powers and duties.

(a)

The commission is directed and empowered:

(xiv)

To prescribe the requirements and form
, including electronic licensing format,
for the licenses
, stamps
and tags provided for in this act, to issue licenses
, stamps and tags
under the provisions of this act
, including through electronic licensing
, to make regulations for the sale and record of licenses
, stamps
and tags
, including sale by electronic licensing
, and to distribute licenses
,

and
stamps,
tags
and electronic equipment and software programs associated with electronic licensing
only
to persons authorized by the commission to issue
them
licenses, stamps or tags
;

(o)

The commission shall, by rule and regulation, establish an electronic licensing system and prescribe the manner of payment for any electronic payment accepted by the department. The commission may, by rule and regulation, assess a fee for electronic payments in an amount approximating the average cost of issuing electronic licenses for all licenses.
The fee charged under this subsection shall be in addition to the amount otherwise established by this act for the license, permit or stamp.
For purposes of facilitating the implementation of an electronic licensing system, the commission may:

(i)

Enter into agreements with the state treasurer to establish an electronic funds transfer system;

(ii)

Require license selling agents to authorize an electronic funds transfer to a collection account as set forth by commission rule and regulation;

(iii)

Charge the license selling agent an additional fee of not more than thirty dollars ($30.00) for each nonsufficient funds debit from the license selling agent's account; and

(iv)

Promulgate all other necessary rules and regulations to effectuate electronic licensing.

23
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1
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701.

Selling agents; administration of oaths; licenses, permits and game tags.

(b)

Each license selling agent shall charge a fee as provided in this subsection for each license, permit or stamp he sells or distributes pursuant to this act. The fee shall not be charged if this act specifies that the issuance shall be without fee or fails to establish a fee for the issuance of the license, permit or stamp. Each license, permit or stamp sold or distributed under this act shall display the total amount only of all fees and other charges required under this act. Each selling agent shall retain one dollar and fifty cents ($1.50) for each license and fifty cents ($.50) for each stamp or permit he sells. For failure to comply with this section, selling agents shall not be entitled to retain the amounts specified in this subsection and shall be liable on their
bond
bonds
. No employee of the commission shall receive any commission on licenses, stamps or permits sold, but the department shall charge the additional fee specified in this subsection
, and may charge an additional fee for electronic payments as provided in W.S. 23
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1
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302(o) as authorized in commission rule and regulation,
for each license, stamp or permit sold by commission employees. The fee charged under this subsection shall be in addition to the amount otherwise established by this act for the license, permit or stamp and shall be as follows:

(c)

On or before the 10th of each month
E
very selling agent shall file a report
for the preceding month
with the commission
on forms approved
at times and in a manner as prescribed
by
the
commission
. Selling agents shall also remit all money collected during the previous month less commission,

rule
and shall account for
and deliver
all
surplus, unused and damaged
licenses, permits,
and
stamps
, and stubs of licenses
received by the selling agent to the commission.

23
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801.

Reciprocal fishing agreements with adjoining states authorized; stamps for licenses.

The commission is authorized to enter into reciprocal agreements with corresponding state officials of adjoining states for purposes of providing for the licensing for fishing of residents of this state and adjoining states upon artificial impoundments of water forming the boundary between this state and adjoining states. The agreements may include provisions by which each state shall honor the license of the other only when
there is affixed to the license a stamp
the licensee has

purchased
a stamp or authorization signifying purchase of a stamp

from the other state, the charge for the stamp being set by mutual agreement of the states.

23
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2
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101.

Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required.

(f)

Forty percent (40%) of available nonresident elk licenses, forty percent (40%) of available nonresident deer licenses and forty percent (40%) of available nonresident antelope licenses for any one (1) calendar year shall as established by the commission, be offered to nonresident applicants upon receipt of the fee prescribed by this subsection
and the applicable fee under W.S. 23
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1
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302(o) as authorized in commission rule and regulation
. Seventy-five (75) of the nonresident deer licenses set aside pursuant to this subsection shall be used for a national bow hunt for deer. The licenses authorized by this subsection shall be offered by drawing to nonresident applicants prior to the drawing for the remaining nonresident licenses issued. The licenses offered under this subsection shall be issued in a manner prescribed by rules and regulations promulgated by the commission. Nothing in this subsection shall prohibit any unsuccessful applicant for a nonresident license pursuant to this subsection from submitting an application for any licenses remaining after the drawing during the calendar year in which the application under this subsection was submitted. The following fees shall be collected by the department and are in addition to the nonresident license fee for the appropriate big game species imposed under subsection (j) of this section and the application fee imposed under subsection (e) of this section:

(j)

Subject to W.S. 23
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2
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101(f) and the applicable
fee
fees
under W.S. 23
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1
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701
and 23
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1
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302(o) as authorized in commission rule and regulation
, the following hunting licenses and tags may be purchased for the fee indicated and subject to the limitations provided:

(m)

Subject to the provisions of this subsection, as part of any preference point program for nonresident antelope, nonresident bighorn sheep, nonresident moose, nonresident deer or nonresident elk, the commission may establish a nonrefundable fee to be
retained
either withheld

from the license fee
remitted or

submitted
separately when application for a license or preference point is made through electronic licensing
, and may also establish a fee to be paid in lieu of applying for licenses that are limited in quota. Retention of the established fee or payment of the fee in lieu of applying shall authorize the person to accumulate a preference point for future drawings for licenses that are limited in quota for the applicable species in accordance with rules of the commission. The rules may provide for the loss of all accumulated points for persons failing to apply or to pay the in lieu fee in two (2) consecutive calendar years. The fee for any program under this subsection for antelope, deer or elk shall be established by rule and shall not exceed fifty dollars ($50.00) per species. Payment of the fee shall be made in compliance with application dates. Nothing in this subsection authorizes the commission to establish or retain a fee for resident moose or resident bighorn sheep license preference points in addition to the fee established by subsection (k) of this section or to establish rules for bighorn sheep or moose preference point drawings in conflict with the provisions of W.S. 23
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1
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703(b). For nonresident bighorn sheep and nonresident moose licenses, the commission may establish by rule a nonrefundable preference point fee to be
retained
withheld
from
either

the license fee
remitted or

submitted
separately when application for a license or preference point is made through electronic licensing
and may establish a fee in lieu of making application in an amount greater than that established under subsection (k) of this section, but neither fee shall exceed one hundred dollars ($100.00). Fees established under this subsection may be set at lower amounts for youth license applicants.

23
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107.

Wild bison licenses.

(e)

A resident applicant shall pay a license fee of three hundred thirty dollars ($330.00) and shall pay the fee required by W.S. 23
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2
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101(e). A nonresident applicant shall pay a license fee of two thousand one hundred dollars ($2,100.00) and shall pay the fee required by W.S. 23
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2
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101(e). The
fee
fees
charged under W.S. 23
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1
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701
and 23
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1
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302(o) as authorized in commission rule and regulation
shall be in addition to the fee imposed under this subsection.

23
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201.

Fees; restrictions; verification of residency required.

(d)

The following fishing licenses may be purchased for the fee indicated in addition to the applicable
fee
fees
under W.S. 23
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1
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701
and 23
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1
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302(o) as authorized in commission rule and regulation
and subject to the limitations provided:

23
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2
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301.

Miscellaneous fees; verification of residency required.

(c)

The following licenses and tags may be purchased for the fee indicated in addition to the applicable
fee
fees
under W.S. 23
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1
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701
and 23
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1
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302(o) as authorized in commission rule and regulation
and subject to other requirements of this article:

23
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2
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306.

Conservation stamp; exemptions.

(a)

Subject to subsection (b) of this section and the applicable
fee
fees
under W.S. 23
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1
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701
and 23
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1
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302(o) as authorized in commission rule and regulation
, each sportsman licensed under W.S. 23
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2
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101, 23
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2
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107 or 23
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2
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201 shall purchase a single conservation stamp for ten dollars ($10.00) which shall be valid for one (1) calendar year
and
the stamp or an authorization signifying purchase of the stamp shall be
in the possession of any person exercising
rights under any fishing or hunting license issued pursuant to W.S. 23
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2
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101, 23
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2
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107 or 23
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2
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201. Holders of pioneer licenses as defined under W.S. 23
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1
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705(d) and (e), of special limited fishing permits issued under W.S. 23
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2
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207 and holders of licenses only under W.S. 23
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2
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101(j)(v) and (vi), 23
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2
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201(d)(vi) and (vii) and 23
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2
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201(f) are exempt from the provisions of this section. Revenues collected from the sale of each stamp under this subsection shall be deposited as follows:

23
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2
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307.

Special management permit.

(b)

Special management permits may be purchased from the department or its authorized selling agents for ten dollars ($10.00) plus the applicable
fee
fees
under W.S. 23
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1
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701
and 23
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1
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302(o) as authorized in commission rule and regulation
and shall be valid for one (1) calendar year.

23
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403.

False swearing, fraud or false statement prohibited.

(a)

No person shall procure or attempt to procure any license or tag under this act
, either by manual application or by electronic licensing,
by false swearing, fraud, or false statement of any kind or in any form.
Any person using a key encryption or other identification procedure in place of a manual or facsimile signature for any license, stamp or permit, or application for the same, under this act shall be subject to the same civil and criminal penalties applicable to persons providing a manual or facsimile signature.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0082