Title 27, Chapter 2, Section 2
( 27-2-2)
(a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term "license" shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be license agents. (b) Each license agent may be required to: (1) Remit to the department a premium which shall entitle him or
her to coverage under a blanket performance bond provided by the
department. The premium, which may include the reasonable cost of
administering a self-insurance program, shall be in an amount
determined by the commissioner, and shall be due and payable
annually upon billing by the department; (2) Account for all license sales and the monetary receipts from
such sales in reports to the department, which reports shall be on
a schedule and in a form specified by the written agreement
between the license agent and the department. Failure to remit
license sales receipts as specified in the agreement may result in
suspension of the license agent's ability to sell licenses; and (3) Receive for himself or herself no more than 60¢ for each
license issued, except for nonresident hunting licenses and
resident sportsman licenses, for which the license agent may
receive $1.25 for each license issued, and except for licenses
sold by telephone by an approved telephone license agent or over
the Internet by an approved Internet license agent, for which the
agent may charge and receive up to $5.00 per transaction in
addition to the actual cost of the license or licenses sold during
the transaction; provided, however, that neither the telephone
license agent nor the Internet license agent shall receive any
additional fee per license sold during a telephone or Internet
transaction; provided, further, that the sale of one or more
licenses to one applicant during one telephone call or one
Internet session shall constitute a single transaction. (b.1) Any person who applies to be a license agent after June 30,
1998, shall be assessed a fee not to exceed the fair market cost of
automated licensing equipment the department shall install in such
agent's place of business. Such fees shall be due and payable upon
installation of the automated equipment. (c) The commissioner may either purchase a blanket performance bond
for the department's license agents from or through the Department
of Administrative Services or any other source or establish a
self-insurance bond by retaining all moneys paid to the department
for the premium established pursuant to subsection (b) of this Code
section, all moneys received as interest, and nonappropriated funds
received from other sources to establish and maintain a reserve fund
for the purpose of making payments to the department upon the
defalcations of license agents and defraying the expenses necessary
to administer the program; provided, however, that no revenue
collected from taxes, fees, and assessments for state purposes shall
be deposited in such fund. The commissioner shall invest any such
moneys in the same manner as other moneys in his or her possession.
The commissioner is authorized, in his or her discretion, to
contract for any or all of the services necessary to carry out the
functions enumerated in this Code section. (d) Prior to selling any license, except for a license sold over the
telephone by an approved telephone license agent or over the
Internet by an approved Internet license agent, each license agent
shall require each person desiring to purchase a license to display
a driver's license or equally reliable identification of the
individual and the current residence and age of such individual. In
the event the department determines that a license agent has
intentionally or negligently sold a resident license to a person who
is a nonresident or who is underage, the department may immediately
withdraw the authority of such license agent to issue and sell
licenses on behalf of the department, provided that the department
shall not withdraw the license agent's authority until the license
agent has been given ten days' written notice of intention to
withdraw authority setting forth the reason or reasons for the
withdrawal and giving the license agent a hearing in the county of
said agent's residence on the reasons for withdrawal. |