PROPOSED RULEMAKING
[58 PA. CODE CH. 51]
Pennsylvania Automated Licensing Service
[36 Pa.B. 4729]
[Saturday, August 26, 2006]The Fish and Boat Commission (Commission) proposes to amend Chapter 51 (relating to administrative provisions). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking pertains to issuing agents providing licenses and permits through a point-of-sale system, the Pennsylvania Automated Licensing Service (PALS), that is currently under development.
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin or December 1, 2006, whichever occurs later.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This proposed rule- making is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 51.32 and 51.36 (relating to resident and nonresident licenses; and lost license certificates) and the addition of §§ 51.37 and 51.38 (relating to application and prerequisites for becoming an issuing agent for the Pennsylvania Automated Licensing Service; and operation of the issuing agent for the Pennsylvania Automated Licensing Service) are published under the statutory authority of section 2711 of the code (relating to issuing agents).
D. Purpose and Background
The proposed rulemaking is designed to improve, clarify and update the Commission's issuing agent regulations and to accommodate the implementation of PALS. The specific purpose of the proposed regulations and amendments is described in more detail under the summary of proposals.
E. Summary of Proposals
The Commission currently relies on approximately 1,200 issuing agents throughout this Commonwealth to sell and issue approximately 850,000 fishing licenses and 600,000 permits through a paper-based system. In the near future, the Commission will automate the distribution and sale of its licenses and permits through the use of point-of-sale methodologies. To date, over 30 states have automated, or are in the process of automating, their licensing systems. The primary goals of automation are to make delivery of fishing license services more convenient for the license buyers and to provide improved control over the flow of revenues from the issuing agents and to facilitate more effective communications among the license buyer, issuing agent and the Commission.
Upon review of the current regulations regarding the establishment and operations of fishing license issuing agents, the Commission has identified the need to make a series of changes and additions that will allow for a more effective and efficient means of establishing issuing agent policies and guidelines for the automated distribution of licenses and permits.
At this time, the Commission is retaining the current issuing agent regulations applicable to the issuance of paper licenses and permits and proposes to add §§ 51.37 and 51.38 to govern the issuance of licenses and permits through PALS. The Commission anticipates that paper licenses will remain available as a backup during the transition to PALS.
In addition, the Commission proposes to amend § 51.32 to allow for additional methods to prove residency when purchasing a license. The Commission also proposes to amend § 51.36 to provide a procedure for issuing lost license certificates through PALS.
The Commission proposes to amend §§ 51.32 and 51.36 and add §§ 51.37 and 51.38 to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will create a new paperwork requirement in that all issuing agents will be required to enter into a standard Fishing License Issuing Agent Agreement that governs the point-of-sale system and associated equipment. Current paperwork requirements pertaining to applications for new issuing agents and bonding have not changed.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. However, the Commission will incur costs associated with processing agent applications and with the standard Fishing License Issuing Agent Agreement that all PALS agents will be required to sign. For new agents, these costs will be offset by the application fee.
The Commission also will incur costs associated with increased banking fees to the Commission for weekly electronic funds transfers from its issuing agents. These costs will be offset by increased interest earned due to the more timely remittance of license revenues.
The proposed rulemaking will impose a $150 application fee for new issuing agents under PALS. This fee will only be assessed on new applications for issuing agents and will not be applied to issuing agents that are currently agents with the Commission at the time that the final-form rulemaking is adopted. The fee represents an increase in the application fee that new issuing agents are currently charged from $100 to $150. The Commission proposes increasing the fee due to inflation and to accommodate the cost of additional staff review of applications for issuing agents under PALS.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.state.pa.us/Fish/reg comments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-186. (1) Fish Fund; (2) Implementing Year 2006-07 is $32,550; (3) 1st Succeeding Year 2007-08 is $23,150; 2nd Succeeding Year 2008-09 is $23,150; 3rd Succeeding Year 2009-10 is $23,150; 4th Succeeding Year 2010-11 is $23,150; 5th Succeeding Year 2011-12 is $23,150; (4) 2005-06 Program--$N/A; 2004-05 Program--$N/A; 2003-04 Program--$N/A; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 51. ADMINISTRATIVE PROVISIONS
Subchapter D. ISSUING AGENTS § 51.32. Resident and nonresident licenses.
(a) Only bona fide residents of this Commonwealth who establish their resident status by producing a Pennsylvania motor vehicle driver's license or other positive means of identification are entitled to one of the various forms of a resident fishing license.
(1) Other positive means of identification for establishing bona fide residence in this Commonwealth include proof of payment of Pennsylvania [personal income tax] Personal Income Tax as a resident of [Pennsylvania] this Commonwealth; proof of payment of earned income, [Personal Income Tax] personal income tax or per capita taxes showing residence in a Pennsylvania municipality; current Pennsylvania firearms permit; Pennsylvania voter registration card; resident hunting license; [and] Pennsylvania nondriver identification card; or a signed affidavit of Pennsylvania residency on the form prescribed by the Commission.
* * * * * § 51.36. Lost license certificates.
* * * * * (f) If the original license was sold through the Pennsylvania Automated Licensing Service (PALS) and the licensee seeks to purchase a replacement license, the licensee shall present the original license number or licensee's PALS customer identification number to the issuing agent, and the issuing agent shall issue a replacement license, including associated permits, through the PALS.
§ 51.37. Application and prerequisites for becoming an issuing agent for the Pennsylvania Automated Licensing Service (PALS).
(a) A person, sole proprietorship, partnership or corporation may apply to become an issuing agent of the Commission for the purpose of selling fishing licenses and permits through the PALS.
(1) An applicant seeking to become an issuing agent shall complete and submit to the Commission an application on the form prescribed by the Commission and pay a one-time, nonrefundable fee of $150.
(2) Applications shall be accompanied by a bond in favor of the Commission, or other security in a form satisfactory to the Commission, in a minimum amount specified by the Executive Director or designee.
(3) A person, sole proprietorship, partnership or corporation that is an agent of the Commission for the sale of paper licenses may sell licenses through PALS without making a new application under this subsection.
(b) An entity accepted by the Commission to act as an issuing agent shall perform in the following manner and meet the following prerequisites:
(1) An issuing agent, including county treasurers, may not appoint subagents to issue fishing licenses or permits.
(2) Issuing agents shall enter into a Fishing License Issuing Agent Agreement with the Commission that covers the issuance of fishing licenses and permits and the electronic transfer of funds through the PALS.
(3) Issuing agents shall maintain a bond in favor of the Commission, or other security in a form satisfactory to the Commission, in a minimum amount specified by the Commission for each location where licenses and permits are issued.
(4) Issuing agents shall maintain an account in a Federally insured financial institution organized under the authority of the Commonwealth or the United States. This bank account must be able to accept electronic funds transfers. Issuing agents shall provide the Commission with account information upon the request of the Commission.
§ 51.38. Operation of the issuing agent for the Pennsylvania Automated Licensing Service (PALS).
(a) Sale of licenses.
(1) Issuing agents shall collect all required customer information at the time of purchase and shall ensure that the fishing license is accurate, correct and fully completed. The applicant shall verify the information provided to the issuing agent and entered into the PALS is accurate and correct and shall sign his own name or place his mark in the place indicated on the face of the license certificate.
(2) Issuing agents shall verify the eligibility of the applicant for the class of license indicated on the license in accordance with § 51.32 (relating to resident and nonresident licenses).
(3) Issuing agents shall transfer the information provided by the applicant to the PALS and ensure that the PALS is otherwise operational and prints the license certificate legibly.
(4) Issuing agents shall provide a Summary of Fishing Regulations and Laws with each license issued. Issuing agents also shall provide a copy of the summary book to any holder of a Senior Resident Lifetime Fishing License who requests one. Issuing agents are encouraged to provide a copy of the summary book, if adequate numbers are available, to other individuals who request one.
(5) Issuing agents shall make available licenses and permits for sale to the public in strict accordance with all policies, instructions, rules and regulations of the Commission.
(6) Issuing agents and their employees may not provide false or misleading information on a license. The date reported on a license sold must be the date of the actual sale.
(7) Issuing agents shall keep all customer information confidential and not use, release or permit the use of this information for any purpose not specifically authorized by the Commission or applicable law.
(8) Issuing agents shall return all original voided licenses to the Commission within 15 days of their issuance. Issuing agents shall pay the license fees for voided licenses that are not returned to the Commission within 15 days of issuance.
(9) Issuing agents shall return all documents designated by the Commission within the time frame specified by the Commission.
(10) Issuing agents shall maintain, as instructed by the Commission, displays, notices or other informational materials relating to licenses and permits provided by the Commission, distribute to customers and fishing guides other compliance or educational materials provided by the Commission and promote and market new products or privileges as required by the Commission.
(11) Issuing agents shall sell licenses and permits only at the business location specified in their application or approved by the Commission and at a place on the premises accessible to the public.
(12) Issuing agents may not offer or provide licenses or permits free of charge or for any fee not authorized by section 2715 of the code (relating to license, permit and issuing agent fees).
(13) Issuing agents shall redeem a license or permit gift voucher regardless of where the gift voucher was purchased.
(b) PALS equipment.
(1) Issuing agents shall ensure proper use of the PALS equipment and follow the PALS operating manual and subsequent amendments and revisions thereto.
(2) An issuing agent may not borrow, lend or otherwise transfer PALS equipment or supplies to another agent without the prior written consent of the Commission.
(3) Issuing agents shall safeguard PALS equipment and supplies from unauthorized, wasteful, inappropriate or fraudulent use. Issuing agents shall place the equipment and supplies in a secure location. Issuing agents shall use license paper stock only for purposes of printing licenses, permits, reports and receipts. Issuing agents shall promptly notify the Commission or its designee of equipment malfunction. PALS equipment and supplies are not transferable to other locations without the prior written consent of the Commission. Issuing agents shall return the defective equipment immediately to the repair center identified by the Commission.
(4) Issuing agents shall notify the Commission by telephone within 48 hours and submit a written report within 10 days after any fire, theft or natural disaster affecting PALS equipment and supplies or records.
(5) Issuing agents shall be responsible for the PALS equipment and the supplies relating to the issuance of licenses and permits, except for events beyond their control, and they shall assume financial responsibility for any damage to the PALS equipment resulting from negligence, malicious activity, abandonment, failure to return upon request of the Commission or improper electrical service to the equipment.
(6) Issuing agents shall carry appropriate insurance covering PALS equipment and supplies in an amount determined by the Commission. Issuing agents shall provide proof of insurance coverage upon the request of the Commission.
(c) Access and auditing.
(1) Issuing agents, their employees and subcontractors shall allow the Commission or other authorized representatives access to periodically inspect, review or audit PALS associated records, reports, canceled checks and similar material pertaining to PALS. Issuing agents shall maintain these records for 5 years.
(2) Issuing agents shall allow the Commission access to all materials and equipment related to the PALS operations. Issuing agents shall allow access to the Commission to make inspections during reasonable business hours, with or without notice to the issuing agent, to determine whether the issuing agent is in compliance with this section.
(d) Financial provisions.
(1) Issuing agents shall deposit all money received from the sale of licenses and permits in a designated bank account less the amount retained as an issuing agent fee under section 2715 of the code.
(2) Issuing agents shall have sufficient funds available in the designated bank account at the time of the electronic funds transfers. Upon notification of insufficient funds for payment to the Commission, the Commission may immediately and without notice suspend an issuing agent's authority to issue licenses and permits, may assess an administrative fee in accordance with section 502 of the code (relating to collection fee for uncollectible checks) and may require the issuing agent to increase the amount of the bond or other security or to provide adequate bank account overdraft protection.
(3) Issuing agents shall provide written notification on the form prescribed by the Commission at least 15 days prior to changing banks, account numbers, ownership status, business status or other information used by the Commission or its designee for the purpose of collecting monies owed by the issuing agent.
(e) Suspension or recall of agency.
(1) The Commission may suspend the issuing agency of any agent that no longer meets the Commission's criteria for acceptance for participation in PALS until the agent becomes compliant.
(2) The Commission may recall the issuing agency of any agent that violates the requirements of this section.
[Pa.B. Doc. No. 06-1684. Filed for public inspection Augut 25, 2006, 9:00 a.m.]
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