TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(Amendment)

 

††††† 301 KAR 5:010. License agent applications and agreements[selection criteria].

 

††††† RELATES TO: KRS 150.175[150.195]

††††† STATUTORY AUTHORITY: KRS 150.195

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195 authorizes the department to provide for the control of the design, issuance, distribution, and other matters relating to licenses and permits issued by the department. This administrative regulation establishes the application procedures for becoming a department[POS] license agent.

 

††††† Section 1.[Application of Administrative Regulation. This administrative regulation applies to license agents other than those who sell licenses via the Internet and telephone per 301 KAR 5:050.

††††† Section 2.] License Agent Applications and Agreements. (1) Before receiving authorization to serve as license agents, businesses or governmental agencies shall:

††††† (a) Complete and submit a License Agent Application Form;

††††† (b) Enter into a formal contract with the department by agreeing to the provisions of, and signing, the appropriate agent agreement; and

††††† (c) Complete an Electronic Funds Transfer Request Form,[Pay a security deposit as required in the agent agreement; and

††††† (d) Sign an electronic fund transfer authorization form] which authorizes the department to make electronic fund transfers from a bank account into which the agent shall deposit the proceeds from transactions.

††††† (2)[1. Agents with multiple business locations wishing to consolidate payments shall make suitable arrangements with the department.

††††† 2.] State agencies serving as license agents shall remit payment through the state accounting system.

††††† (3)[(2)] The department shall appoint as agents businesses that have:

††††† (a) A valid federal identification number;[and]

††††† (b) Except for out-of-state agents, a Kentucky sales tax number; and[.]

††††† (c) For out-of-state agents, businesses that post a surety bond of $5,000.

 

††††† Section 2.[Out-of-state Agents. The department may grant license agent status to business locations outside Kentucky if the out-of-state agent:

††††† (1) Was the agent of a county clerk; and

††††† (2) Posts a surety bond as stipulated in the out-of-state agent agreement.

 

††††† Section 3.] Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) License Agent Application Form, 1995;

††††† (b) Electronic Fund Transfer Authorization Form, 1995;

††††† (c) License Agent Contractual Agreement, 2018 edition[1995]; and

††††† (d) Governmental License Agent Contractual Agreement, 2018 edition[1995; and

††††† (e) Out-of-state Agent Agreement, 1995].

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the[Division of Fiscal Control,] Department of Fish and Wildlife Resources, #1 Sportsmanís Lane[Game Farm Road], Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

GREGORY K. JOHNSON, Commissioner

DON PARKINSON, Secretary

††††† APPROVED BY AGENCY: November 15, 2017

††††† FILED WITH LRC: November 15, 2017 at noon

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 21, 2017 at 10 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsmanís Lane, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation through December 31, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

††††† CONTACT PERSON: Mark Cramer, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 4060, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Mark Cramer

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the application procedures for becoming a department license agent.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to establish the requirements of a department license agent.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 150.195 authorizes the department to provide for the control of the design, issuance, distribution, and other matters relating to licenses and permits issued by the department.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist in the administration of the statute by providing minimum criteria for a license agent in Kentucky.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This amendment removes the security deposit previously required for license terminals and paper provided by the department, clarifies the responsibilities of license agent applicants, phases out out-of-state agents, and updates the contractual agreements for license agents and government agencies as incorporated by reference.

††††† (b) The necessity of the amendment to this administrative regulation: The amendments are necessary to update the regulation to reflect newer technology through removal of department-provided license terminals, security deposits, and the addition of new contractual agreements with license vendors.

††††† (c) How the amendment conforms to the content of the authorizing statutes: See 1(c) above.

††††† (d) How the amendment will assist in the effective administration of the statutes: See 1(d) above.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: License agents throughout the state will be affected. Currently, there are approximately 750 license agents in Kentucky.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: New license agents will no longer have to pay a security deposit for terminals and license paper, but they will need to complete the new License Agent Contractual Agreement.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): License agents will need to supply their own computer and printer in order to deliver licenses and permits to customers. That cost will vary depending on the license agent.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Agents will no longer be required to pay a security deposit for department terminals, and they will benefit from clarified requirements in the regulation and contractual agreement.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: There will be no additional cost to the department initially.

††††† (b) On a continuing basis: There will be no additional cost on a continuing basis.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The source of funding is the state Game and Fish fund.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: An increase in fees or funding will not be necessary for this amendment.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation did not directly increase any fees; however, license agents will be required to supply their own computer, printer, and paper in the future.

††††† (9) TIERING: Is tiering applied? Tiering was not applied, as all license agents are treated equally.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Departmentís Division of Administrative Services will be impacted by this regulation.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 150.195 authorizes the deparment to promulgate administrative regulations governing the issuance of licenses and permits.

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate revenue for the first year.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate revenue in subsequent years.

††††† (c) How much will it cost to administer this program for the first year? There will not be an additional cost to administer this program for the first year.

††††† (d) How much will it cost to administer this program for subsequent years? There will not be an additional cost to administer this program in subsequent years.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: