As Reported by the Senate Energy, Natural Resources 1
and Environment Committee 2
122nd General Assembly 5
Regular Session Am. H. B. No. 203 6
1997-1998 7
REPRESENTATIVES WACHTMANN-REID-SCHULER-MOTTLEY-GARCIA-OPFER- 9
TERWILLEGER-HARRIS-VESPER-GRENDELL-WESTON-HOUSEHOLDER-HAINES-CORE 10
HODGES-BUCHY-OGG-FORD-CAREY-CALLENDER-BRADING-CLANCY-NETZLEY- 11
BATCHELDER-METELSKY-MEAD-BENDER-BOGGS-MASON-TAYLOR-PRENTISS- 12
MILLER-THOMPSON-VERICH-SAWYER-SALERNO 13
16
A B I L L
To amend sections 1531.01, 1533.10, 1533.101, 18
1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 19
1533.15, 1533.32, and 1533.324 of the Revised 20
Code to require the Chief of the Division of 21
Wildlife in the Department of Natural Resources 22
to adopt rules providing for the issuance of 23
one-day fishing licenses; to authorize certain 24
provisions governing hunting and fishing 25
licenses, wetlands habitat stamps, deer or wild 27
turkey permits, and fur taker permits to be 28
changed by rule; to increase the fee for 29
reissuance of a lost, destroyed, or stolen 30
hunting or fishing license, deer or wild turkey 31
permit, or fur taker permit, and to allow license 32
agents, in addition to clerks of courts of common 33
pleas, to reissue such licenses and permits if 35
the Chief authorizes it; to eliminate the 36
requirement that a hunter or trapper wear a tag 37
on the back of the hunter's or trapper's outer 38
garment; and to prohibit the taking of mussels 40
or the sale of mussels taken in this state. 41
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 43
Section 1. That sections 1531.01, 1533.10, 1533.101, 45
1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1533.32, 47
and 1533.324 of the Revised Code be amended to read as follows: 49
Sec. 1531.01. As used in this chapter and Chapter 1533. of 57
the Revised Code: 58
(A) "Person" means individual, company, partnership, 60
corporation, municipal corporation, association, or any 61
combination of individuals, or any employee, agent, or officer 62
thereof. 63
(B) "Resident" means any individual who has resided in 65
this state for not less than six months next preceding the date 66
of making application for a license. 67
(C) "Nonresident" means any individual who does not 69
qualify as a resident. 70
(D) "Division rule" or "rule" means any rule adopted by 73
the chief of the division of wildlife under section 1531.10 of 74
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 76
the taking of wild animals protected by this chapter and Chapter 77
1533. of the Revised Code is prohibited. 78
(F) "Open season" means that period of time during which 80
the taking of wild animals protected by this chapter and Chapter 81
1533. of the Revised Code is permitted. 83
(G) "Take or taking" includes pursuing, shooting, hunting, 85
killing, trapping, angling, fishing with a trotline, or netting 86
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 87
wild bird, or wild quadruped, and any lesser act, such as 88
wounding, or placing, setting, drawing, or using any other device 89
for killing or capturing any wild animal, whether it results in 90
killing or capturing the animal or not. "Take or taking" 91
includes every attempt to kill or capture and every act of 92
assistance to any other person in killing or capturing or 93
attempting to kill or capture a wild animal. 94
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(H) "Possession" means both actual and constructive 96
possession and any control of things referred to. 97
(I) "Bag limit" means the number, measurement, or weight 99
of any kind of clams, mussels, crayfish, aquatic insects, fish, 100
frogs, turtles, wild birds, and wild quadrupeds permitted to be 101
taken. 102
(J) "Transport and transportation" means carrying or 104
moving or causing to be carried or moved. 105
(K) "Sell and sale" means barter, exchange, or offer or 107
expose for sale. 108
(L) "Whole to include part" means that every provision 110
relating to any wild animal protected by this chapter and Chapter 111
1533. of the Revised Code applies to any part thereof with the 112
same effect as it applies to the whole. 113
(M) "Angling" means fishing with not more than two hand 115
lines, not more than two units of rod and line, or a combination 116
of not more than one hand line and one rod and line, either in 117
hand or under control at any time while fishing. The hand line 118
or rod and line shall have attached to it not more than three 119
baited hooks, not more than three artificial fly rod lures, or 120
one artificial bait casting lure equipped with not more than 121
three sets of three hooks each. 122
(N) "Trotline" means a device for catching fish that 124
consists of a line having suspended from it, at frequent 125
intervals, vertical lines with hooks attached. 126
(O) "Fish" means a cold-blooded vertebrate having fins. 128
(P) "Measurement of fish" means length from the end of the 130
nose to the longest tip or end of the tail. 131
(Q) "Wild birds" includes game birds and nongame birds. 133
(R) "Game" includes game birds, game quadrupeds, and 135
fur-bearing animals. 136
(S) "Game birds" includes mourning doves, pheasants, 138
quail, ruffed grouse, sharp-tailed grouse, pinnated grouse, wild 139
turkey, Hungarian partridge, Chukar partridge, woodcocks, 140
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black-breasted plover, golden plover, Wilson's snipe or 141
jacksnipe, greater and lesser yellowlegs, rail, coots, 142
gallinules, duck, geese, brant, and crows. 143
(T) "Nongame birds" includes all other wild birds not 145
included and defined as game birds. 146
(U) "Wild quadrupeds" includes game quadrupeds and 148
fur-bearing animals. 149
(V) "Game quadrupeds" includes hares or rabbits, gray 151
squirrels, black squirrels, fox squirrels, red squirrels, 152
groundhogs or woodchucks, deer, wild boar, and bears. 153
(W) "Fur-bearing animals" includes minks, weasels, 155
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 156
otters, coyotes, and bobcats. 157
(X) "Wild animals" includes mollusks, crustaceans, aquatic 159
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 160
and all other wild mammals. 161
(Y) "Hunting" means pursuing, shooting, killing, following 163
after or on the trail of, lying in wait for, shooting at, or 164
wounding wild birds or wild quadrupeds while employing any device 165
commonly used to kill or wound wild birds or wild quadrupeds 166
whether or not the acts result in killing or wounding. "Hunting" 167
includes every attempt to kill or wound and every act of 168
assistance to any other person in killing or wounding or 169
attempting to kill or wound wild birds or wild quadrupeds. 170
(Z) "Trapping" means securing or attempting to secure 172
possession of a wild bird or wild quadruped by means of setting, 173
placing, drawing, or using any device that is designed to close 174
upon, hold fast, confine, or otherwise capture a wild bird or 175
wild quadruped whether or not the means results in capture. 176
"Trapping" includes every act of assistance to any other person 177
in capturing wild birds or wild quadrupeds by means of the device 178
whether or not the means results in capture. 179
(AA) "Muskrat spear" means any device used in spearing 181
muskrats. 182
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(BB) "Channels and passages" means those narrow bodies of 184
water lying between islands or between an island and the mainland 185
in Lake Erie. 186
(CC) "Island" means a rock or land elevation above the 188
waters of Lake Erie having an area of five or more acres above 189
water. 190
(DD) "Reef" means an elevation of rock, either broken or 192
in place, or gravel shown by the latest United States chart to be 193
above the common level of the surrounding bottom of the lake, 194
other than the rock bottom, or in place forming the base or 195
foundation rock of an island or mainland and sloping from the 196
shore thereof. "Reef" also means all elevations shown by that 197
chart to be above the common level of the sloping base or 198
foundation rock of an island or mainland, whether running from 199
the shore of an island or parallel with the contour of the shore 200
of an island or in any other way and whether formed by rock, 201
broken or in place, or from gravel. 202
(EE) "Fur farm" means any area used exclusively for 204
raising fur-bearing animals or in addition thereto used for 205
hunting game, the boundaries of which are plainly marked as such. 206
(FF) "Waters" includes any lake, pond, reservoir, stream, 208
channel, lagoon, or other body of water, or any part thereof, 209
whether natural or artificial. 210
(GG) "Crib" or "car" refers to that particular compartment 212
of the net from which the fish are taken when the net is lifted. 213
(HH) "Commercial fish" means those species of fish 215
permitted to be taken, possessed, bought, or sold unless 216
otherwise restricted by the Revised Code or division rule and are 218
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 219
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 220
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 221
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 222
(Ictalurus natalis), brown bullheads (Ictalurus nebulosus), 223
channel catfish (Ictalurus punctatus), flathead catfish 224
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(Pylodictis olivaris), whitefish (Coregonus sp.), cisco 225
(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 226
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 227
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 228
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 229
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 230
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 231
sp.), sucker other than buffalo and quillback (Carpiodes sp., 232
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 233
white bass (Morone chrysops), white perch (Roccus americanus), 234
and yellow perch (Perca flavescens). When the common name of a 235
fish is used in this chapter or Chapter 1533. of the Revised 236
Code, it refers to the fish designated by the scientific name in 237
this definition.
(II) "Fishing" means taking or attempting to take fish by 239
any method, and all other acts such as placing, setting, drawing, 240
or using any device commonly used to take fish whether resulting 241
in a taking or not. 242
(JJ) "Fillet" means the pieces of flesh taken or cut from 244
both sides of a fish, joined to form one piece of flesh. 245
(KK) "Part fillet" means a piece of flesh taken or cut 247
from one side of a fish. 248
(LL) "Round" when used in describing fish means with head 250
and tail intact. 251
(MM) "Migrate" means the transit or movement of fish to or 253
from one place to another as a result of natural forces or 254
instinct and includes, but is not limited to, movement of fish 255
induced or caused by changes in the water flow. 256
(NN) "Spreader bar" means a brail or rigid bar placed 258
across the entire width of the back, at the top and bottom of the 259
cars in all trap, crib, and fyke nets for the purpose of keeping 260
the meshes hanging squarely while the nets are fishing. 261
(OO) "Fishing guide" means any person who, for 263
consideration or hire, operates a boat, rents, leases, or 264
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otherwise furnishes angling devices, ice fishing shanties or 265
shelters of any kind, or other fishing equipment, and 266
accompanies, guides, directs, or assists any other person in 267
order for the other person to engage in fishing. 268
(PP) "Net" means fishing devices with meshes composed of 270
twine or synthetic material and includes, but is not limited to, 271
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 272
seines, except minnow seines and minnow dip nets. 273
(QQ) "Commercial fishing gear" means seines, trap nets, 275
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 276
and any boat used in conjunction with that gear, but does not 277
include gill nets. 278
(RR) "Native wildlife" means any species of the animal 280
kingdom indigenous to this state. 281
(SS) "Gill net" means a single section of fabric or 283
netting seamed to a float line at the top and a lead line at the 284
bottom, which is designed to entangle fish in the net openings as 285
they swim into it. 286
(TT) "Small game" includes pheasants, quail, ruffed 288
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 289
partridge, Chukar partridge, woodcocks, black-breasted plover, 290
golden plover, Wilson's snipe or jacksnipe, greater and lesser 291
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 292
rabbits, gray squirrels, black squirrels, fox squirrels, red 293
squirrels, and groundhogs or woodchucks. 294
(UU) "Tag fishing tournament" means a contest in which a 296
participant pays a fee, or gives other valuable consideration, 297
for a chance to win a prize by virtue of catching a tagged or 298
otherwise specifically marked fish within a limited period of 299
time, but does not include a scheme of chance conducted under 300
division (D)(1) of section 2915.02 of the Revised Code. 301
(VV) "Tenant" means an individual who resides on land for 303
which he THE INDIVIDUAL pays rent and whose annual income is 304
primarily derived from agricultural production conducted on that 305
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land, as "agricultural production" is defined in section 929.01 306
of the Revised Code.
(WW) "Nonnative wildlife" means any wild animal not 308
indigenous to this state.
The chief shall not establish a season for the hunting of 310
mourning doves that opens prior to the fifteenth day of September 311
of any year.
Sec. 1533.10. Except as provided in this section or 319
division (A) of section 1533.12 of the Revised Code, no person 320
shall hunt any wild bird or wild quadruped without a hunting 321
license. Each day that any person hunts within the state without 322
procuring such a license constitutes a separate offense. Every 323
applicant for a hunting license who is a resident of the state 324
and age sixteen or over shall procure a resident hunting license, 325
the fee for which shall be fourteen dollars, unless the rules 326
adopted under division (B) of section 1533.12 of the Revised Code 327
provide for issuance of a resident hunting license to the 328
applicant free of charge. Every applicant who is a resident of 329
the state and under the age of sixteen years shall procure a 330
special youth hunting license, the fee for which shall be 331
one-half of the regular hunting license fee. The owner and the 332
children of the owner of lands in the state may hunt thereon 333
without a hunting license. The tenant or manager and children of 334
the tenant or manager, residing on lands in the state, may hunt 335
thereon without a hunting license. Every applicant for a hunting 336
license who is a nonresident of the state shall procure a 337
nonresident hunting license, the fee for which shall be ninety 338
dollars, unless the applicant is a resident of a state that is a 339
party to an agreement under section 1533.91 of the Revised Code, 340
in which case the fee shall be fourteen dollars. 341
The chief of the division of wildlife may issue a tourist's 343
small game hunting license expiring three days from the effective 344
date of the license to a nonresident of the state, the fee for 345
which shall be twenty-four dollars. No person shall take or 346
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possess any animal that is not small game while possessing only a 347
tourist's small game hunting license. A tourist's small game 348
hunting license does not authorize the taking or possessing of 349
ducks, geese, or brant without having obtained, in addition to 350
the tourist's small game hunting license, a wetlands habitat 351
stamp as provided in section 1533.112 of the Revised Code. 352
No person shall procure or attempt to procure a hunting 354
license by fraud, deceit, misrepresentation, or any false 355
statement. 356
This section does not authorize the taking and possessing 358
of deer or wild turkeys without first having obtained, in 359
addition to the hunting license required by this section, a 360
special deer or wild turkey permit as provided in section 1533.11 361
of the Revised Code or the taking and possessing of ducks, geese, 362
or brant without first having obtained, in addition to the 363
hunting license required by this section, a wetlands habitat 364
stamp as provided in section 1533.112 of the Revised Code. 365
This section does not authorize the hunting or trapping of 367
fur-bearing animals without first having obtained, in addition to 368
a hunting license required by this section, a fur taker permit as 369
provided in section 1533.111 of the Revised Code. 370
No hunting license shall be issued unless the applicant 372
presents to the agent authorized to issue the license a 373
previously held hunting license or evidence of having held such a 374
license in content and manner approved by the chief, a 375
certificate of completion issued upon completion of a hunter 376
education and conservation course approved by the chief, or 377
evidence of equivalent training in content and manner approved by 378
the chief. 379
No person shall issue a hunting license to any person who 381
fails to present the evidence required by this section. No 382
person shall purchase or obtain a hunting license without 383
presenting to the issuing agent the evidence required by this 384
section. Issuance of a hunting license in violation of the 385
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requirements of this section is an offense by both the purchaser 386
of the illegally obtained hunting license and the clerk or agent 387
who issued the hunting license. Any hunting license issued in 388
violation of this section is void. 389
The chief, with approval of the wildlife council, shall 391
adopt rules prescribing a hunter education and conservation 392
course for first-time hunting license buyers and for volunteer 393
instructors. The course shall consist of subjects including, but 394
not limited to, hunter safety and health, use of hunting 395
implements, hunting tradition and ethics, the hunter and 396
conservation, and the law relating to hunting. Authorized 397
personnel of the division or volunteer instructors approved by 398
the chief shall conduct such courses with such frequency and at 399
such locations throughout the state as to reasonably meet the 400
needs of license applicants. The chief shall issue a certificate 401
of completion to each person who successfully completes the 402
course and passes an examination prescribed by the chief. 403
Notwithstanding the fees otherwise prescribed in this 405
section, prior to September 1, 1994, the fee for a resident 406
hunting license shall be eleven dollars, unless the rules adopted 407
under division (B) of section 1533.12 of the Revised Code provide 408
for the issuance of a resident hunting license to the applicant 409
free of charge; the fee for a special youth hunting license shall 410
be six dollars; the fee for a nonresident hunting license shall 411
be eighty dollars, unless the applicant is a resident of a state 412
that is a party to an agreement under section 1533.91 of the 413
Revised Code; the fee for a nonresident hunting license shall be 414
eleven dollars if the applicant is a resident of a state that is 415
a party to such an agreement; and the fee for a tourist's small 416
game hunting license shall be twenty dollars. 417
Sec. 1533.101. Any person who has been issued a hunting or 426
fishing license, A WETLANDS HABITAT STAMP, a deer or wild turkey 427
permit, or a fur taker permit for the current license, STAMP, or 429
permit year or for the license, STAMP, or permit year next 431
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preceding the current such year pursuant to this chapter, and if 432
the license, STAMP, or permit has been lost, destroyed, or 434
stolen, may be issued a reissued hunting or fishing license, 435
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 436
permit. The person shall file with the clerk of the court of 437
common pleas an application in affidavit form OR, IF THE CHIEF OF 438
THE DIVISION OF WILDLIFE AUTHORIZES IT, APPLY FOR A REISSUED 439
LICENSE, STAMP, OR PERMIT TO AN AUTHORIZED AGENT DESIGNATED BY 440
THE CHIEF, and pay a fee for each license, STAMP, or permit of 442
one dollar TWO DOLLARS plus one dollar to the clerk OR AGENT, who 443
shall issue a reissued license, STAMP, or permit that shall allow 444
the applicant to hunt, fish, or trap, as the case may be. The 446
clerk OR AGENT shall administer the oath to the applicant and 447
shall send a copy of the reissued license, STAMP, or permit to 448
the division of wildlife. 449
All moneys received as fees for the issuance of reissued 451
licenses, STAMPS, or permits shall be transmitted to the director 453
of natural resources to be paid into the state treasury to the 454
credit of the funds to which the fees for the original licenses, 455
STAMPS, and permits were credited. 457
No person shall knowingly or willfully secure, attempt to 459
secure, or use a reissued hunting or fishing license, WETLANDS 460
HABITAT STAMP, deer or wild turkey permit, or fur taker permit to 462
which he THE PERSON is not entitled. No person shall knowingly 463
or willfully issue a reissued hunting or fishing license, 464
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 466
permit under this section to any person who is not entitled to 467
receive and use such a reissued license, STAMP, or permit. 468
Sec. 1533.11. (A) Except as provided in this section, no 477
person shall hunt deer on lands of another without first 478
obtaining an annual special deer permit. Except as provided in 479
this section, no person shall hunt wild turkeys on lands of 480
another without first obtaining an annual special wild turkey 481
permit. Each applicant for a special deer or wild turkey permit 482
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shall pay an annual fee of nineteen dollars for each permit, 483
together with one dollar as a fee to the clerk or other issuing 484
agent, for the permit unless the rules adopted under division (B) 485
of section 1533.12 of the Revised Code provide for issuance of a 486
deer or wild turkey permit to the applicant free of charge. 487
Except as provided in division (A) of section 1533.12 of the 488
Revised Code, a deer or wild turkey permit shall run concurrently 489
with the hunting license. The money received, other than the 491
one-dollar fee provided for above, shall be paid into the state
treasury to the credit of the wildlife fund, created in section 492
1531.17 of the Revised Code, exclusively for the use of the 493
division of wildlife in the acquisition and development of land 494
for deer or wild turkey management, for investigating deer or 495
wild turkey problems, and for the stocking, management, and 496
protection of deer or wild turkey. Every person, while hunting 497
deer or wild turkey on lands of another, shall carry his THE 498
PERSON'S special deer or wild turkey permit with him and exhibit 499
it to any enforcement officer so requesting. Failure to so carry 500
and exhibit such a permit constitutes an offense under this 501
section. The chief of the division of wildlife shall adopt any 502
additional rules he THE CHIEF considers necessary to carry out 503
this section and section 1533.10 of the Revised Code. 504
The owner and the children of the owner of lands in this 506
state may hunt deer or wild turkey thereon without a special deer 507
or wild turkey permit. The tenant or manager and children of the 508
tenant or manager may hunt deer or wild turkey on lands where 509
they reside without a special deer or wild turkey permit. 510
(B) A special deer or wild turkey permit is not 512
transferable. No person shall carry a special deer or wild 513
turkey permit issued in the name of another person. 514
(C) The wildlife refunds fund is hereby created in the 516
state treasury. The fund shall consist of money received from 517
application fees for special deer permits that are not issued. 518
Money in the fund shall be used to make refunds of such 519
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application fees. 520
(D) Notwithstanding the fees otherwise prescribed in this 522
section, prior to September 1, 1994, the annual fee for a special 523
deer or wild turkey permit shall be fifteen dollars for each 524
permit, together with one dollar as a fee to the clerk or other 525
issuing agent, for the permit, unless the rules adopted under 526
division (B) of section 1533.12 of the Revised Code provide for 527
the issuance of a deer or wild turkey permit to the applicant 528
free of charge. 529
Sec. 1533.111. Except as provided in this section or 538
division (A) of section 1533.12 of the Revised Code, no person 539
shall hunt or trap fur-bearing animals on land of another without 540
first obtaining an annual fur taker permit. Each applicant for a 541
fur taker permit shall pay an annual fee of ten dollars, together 542
with one dollar as a fee to the clerk or other issuing agent, for 543
the permit, except as otherwise provided in this section or 544
unless the rules adopted under division (B) of section 1533.12 of 545
the Revised Code provide for issuance of a fur taker permit to 546
the applicant free of charge. Each applicant who is a resident 547
of the state and under the age of sixteen years shall procure a 548
special youth fur taker permit, the fee for which shall be 549
one-half of the regular fur taker permit fee and which shall be 550
paid together with one dollar as a fee to the clerk or other 551
issuing agent. The fur taker permit shall run concurrently with 552
the hunting license. The money received, other than the one- 553
dollar fee provided for in this section, shall be paid into the 554
state treasury to the credit of the fund established in section 555
1533.15 of the Revised Code. 556
No fur taker permit shall be issued unless the applicant 558
presents to the agent authorized to issue a fur taker permit a 559
previously held hunting license or trapping or fur taker permit 560
or evidence of having held such a license or permit in content 561
and manner approved by the chief of the division of wildlife, a 562
certificate of completion issued upon completion of a trapper 563
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education course approved by the chief, or evidence of equivalent 564
training in content and manner approved by the chief. 565
No person shall issue a fur taker permit to any person who 567
fails to present the evidence required by this section. No 568
person shall purchase or obtain a fur taker permit without 569
presenting to the issuing agent the evidence required by this 570
section. Issuance of a fur taker permit in violation of the 571
requirements of this section is an offense by both the purchaser 572
of the illegally obtained permit and the clerk or agent who 573
issued the permit. Any fur taker permit issued in violation of 574
this section is void. 575
The chief, with approval of the wildlife council, shall 577
adopt rules prescribing a trapper education course for first-time 578
fur taker permit buyers and for volunteer instructors. The 579
course shall consist of subjects that include, but are not 580
limited to, trapping techniques, animal habits and 581
identification, trapping tradition and ethics, the trapper and 582
conservation, and the law relating to trapping. Authorized 583
personnel of the division of wildlife or volunteer instructors 584
approved by the chief shall conduct the courses with such 585
frequency and at such locations throughout the state as to 586
reasonably meet the needs of permit applicants. The chief shall 587
issue a certificate of completion to each person who successfully 588
completes the course and passes an examination prescribed by the 589
chief. 590
Every person, while hunting or trapping fur-bearing animals 593
on lands of another, shall carry his THE PERSON'S fur taker 594
permit affixed to his THE PERSON'S hunting license with his THE 595
PERSON'S signature written across the face of the permit. 596
Failure to carry such a signed permit constitutes an offense 597
under this section. The chief shall adopt any additional rules 598
he THE CHIEF considers necessary to carry out this section. 599
The owner and the children of the owner of lands in this 601
state may hunt or trap fur-bearing animals thereon without a fur 602
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taker permit. The tenant or manager and children of the tenant 603
or manager may hunt or trap fur-bearing animals on lands where 605
they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall 607
carry a fur taker permit issued in the name of another person. 608
A fur taker permit entitles a nonresident to take with him 610
from this state fur-bearing animals taken and possessed by him 611
THE NONRESIDENT as provided by law or division rule. 612
Notwithstanding the fees otherwise prescribed in this 614
section, prior to September 1, 1994, the fee for an annual 615
trapping permit shall be eight dollars, together with one dollar 617
as a fee to the clerk or other issuing agent, for the permit, 618
unless the rules adopted under division (B) of section 1533.12 of 619
the Revised Code provide for the issuance of a trapping permit to 620
the applicant free of charge, and the fee for a special youth 621
trapping permit shall be four dollars, together with one dollar 622
as a fee to the clerk or other issuing agent. 623
Sec. 1533.112. Except as provided in this section OR 633
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, no person shall hunt 634
ducks, geese, or brant on the lands of another without first 635
obtaining an annual wetlands habitat stamp. The annual fee for 636
the wetlands habitat stamp shall be ten dollars for each stamp, 637
together with one dollar as a fee to the clerk or other issuing 638
agent, unless the rules adopted under division (B) of section 639
1533.12 provide for issuance of a wetlands habitat stamp to the 640
applicant free of charge.
Moneys received from the stamp fee, other than the one- 642
dollar clerk's fee, shall be paid into the state treasury to the 643
credit of the wetlands habitat fund, which is hereby established. 644
Moneys shall be paid from the fund on the order of the director 645
of natural resources for the following purposes: 646
(A) Sixty per cent for projects that the division approves 648
for the acquisition, development, management, or preservation of 649
waterfowl areas within the state; 650
16
(B) Forty per cent for contribution by the division to an 652
appropriate nonprofit organization for the acquisition, 653
development, management, or preservation of lands and waters 654
within Canada that provide or will provide habitat for waterfowl 655
with migration routes that cross this state. 656
No moneys derived from the issuance of wetlands habitat 658
stamps shall be spent for purposes other than those specified by 659
this section. All investment earnings of the fund shall be 660
credited to the fund. 661
Wetlands habitat stamps shall be furnished by AND IN A FORM 663
PRESCRIBED BY the chief of the division of wildlife and issued by 665
clerks and other agents authorized to issue licenses and permits 666
under section 1533.13 of the Revised Code. The record of stamps 667
kept by the clerks and other agents shall be uniform throughout 668
the state, in such form or manner as the director prescribes, and 669
open at all reasonable hours to the inspection of any person. 670
Each UNLESS OTHERWISE PROVIDED BY RULE, EACH stamp shall remain 672
in force until midnight of the thirty-first day of August next 673
ensuing. Wetlands habitat stamps may be issued in any manner to 674
any person on any date, whether or not that date is within the 675
period in which they are effective. 676
Every person to whom this section applies, while hunting 678
ducks, geese, or brant, shall carry an unexpired wetlands habitat 679
stamp that is validated by his THE PERSON'S signature written on 680
the stamp in ink and shall exhibit the stamp to any enforcement 682
officer so requesting. No person shall fail to carry and exhibit 683
his THE PERSON'S stamp. 684
A wetlands habitat stamp is not transferable. 686
The chief shall establish a procedure to obtain subject 688
matter to be printed on the wetlands habitat stamp and shall use, 689
dispose of, or distribute the subject matter as he THE CHIEF 690
considers necessary. The chief ALSO shall also make orders ADOPT 692
RULES necessary to administer this section. 694
This section does not apply to persons under sixteen years 696
17
of age nor to persons exempted from procuring a hunting license 697
under section 1533.10 or division (A) of section 1533.12 of the 698
Revised Code. 699
Notwithstanding the fees otherwise prescribed in this 701
section, prior to September 1, 1994, the annual fee for a 702
wetlands habitat stamp shall be eight dollars for each stamp, 703
together with one dollar as a fee to the clerk or other issuing 704
agent, unless the rules adopted under division (B) of section
1533.12 of the Revised Code provide for the issuance of a 705
wetlands habitat stamp to the applicant free of charge. 706
Sec. 1533.13. Hunting and fishing licenses, WETLANDS 715
HABITAT STAMPS, deer and wild turkey permits, and fur taker 717
permits shall be issued by the clerk of the court of common 718
pleas, village and township clerks, and other authorized agents 719
designated by the chief of the division of wildlife after those 720
persons have given. WHEN REQUIRED BY THE CHIEF, A CLERK OR AGENT 721
SHALL GIVE bond in the manner provided by the chief. All bonds, 722
reports, except records prescribed by the auditor of state, and 723
moneys received by those persons shall be handled under rules 724
adopted by the director of natural resources. 725
The premium of any fidelity bond prescribed under section 727
9.832 of the Revised Code or of any bond prescribed by the chief 728
under this section may be paid by the chief. Any person who is 729
designated and authorized by the chief to issue licenses, STAMPS, 731
and permits as provided in this section, except the clerk of the 732
court of common pleas and the village and township clerks, shall 733
pay to the chief a premium in an amount that represents his THE 734
PERSON'S portion of the premium paid by the chief under this 735
section, which amount shall be established by the chief and 736
approved by the wildlife council created under section 1531.03 of 737
the Revised Code. The chief shall pay all moneys that he THE 738
CHIEF receives as premiums under this section into the state 739
treasury to the credit of the wildlife fund created under section 740
1531.17 of the Revised Code. 741
18
Every authorized agent, for the purpose of issuing hunting 743
and fishing licenses, deer and wild turkey permits, and fur taker 744
permits, may administer oaths to and take affidavits from 745
applicants for the licenses or permits when required. An 746
authorized agent may appoint deputies to perform any acts that he 747
THE AGENT is authorized to perform, consistent with DIVISION 748
rules of the director. 750
Every applicant for a hunting or fishing license, deer or 752
wild turkey permit, or fur taker permit, UNLESS OTHERWISE 753
PROVIDED BY DIVISION RULE, shall make and subscribe an affidavit 755
setting forth his THE APPLICANT'S name, age, weight, height, 756
occupation, place of residence, personal description, and 757
citizenship. The clerk or other agent authorized to issue 758
licenses and permits shall charge each applicant a fee of one 759
dollar for taking the affidavit and issuing the license or 760
permit. The application, license, permit, and other blanks 761
required by this section shall be prepared and furnished by the 762
chief. The blanks shall be of different color each year and, in 763
such form as the chief provides, to the clerk or other agent 764
authorized to issue them. The licenses and permits shall be 765
issued to applicants by the clerk or other agent. The record of 766
licenses and permits kept by the clerk and other authorized 767
agents shall be uniform throughout the state and in such form or 768
manner as the auditor of state prescribes and shall be open at 769
all reasonable hours to the inspection of any person. Each 770
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH hunting license, 772
deer or wild turkey permit, and fur taker permit issued shall 773
remain in force until midnight of the thirty-first day of August 774
next ensuing. Application for any such license or permit may be 775
made and a license or permit issued prior to the date upon which 776
it becomes effective.
THE CHIEF MAY REQUIRE AN APPLICANT WHO WISHES TO PURCHASE A 778
LICENSE, STAMP, OR PERMIT BY MAIL OR TELEPHONE TO PAY A NOMINAL 779
FEE FOR POSTAGE AND HANDLING.
19
The court before whom a violator of any laws or division 781
rules for the protection of wild animals is tried, as a part of 782
the punishment, shall revoke the license, STAMP, or permit of any 784
person convicted. The license, STAMP, or permit fee paid by that 786
person shall not be returned to the person. The person shall not 787
procure or use any other license, STAMP, or permit or engage in 788
hunting wild animals or trapping fur-bearing animals during the 790
period of revocation as ordered by the court. 791
No person under sixteen years of age shall engage in 793
hunting unless accompanied by his THE PERSON'S parent or another 794
adult person. 795
Sec. 1533.14. No UNLESS OTHERWISE PROVIDED BY DIVISION 804
RULE, NO hunting license OR WETLANDS HABITAT STAMP is 805
transferable and no hunter shall carry a hunting license OR 806
WETLANDS HABITAT STAMP that was issued in the name of another 808
person or that does not contain the signature of the agent 809
issuing it.
Every person, while hunting or trapping on the lands of 811
another, shall carry his THE PERSON'S hunting license with him ON 813
THE PERSON'S OWN SELF and exhibit it to any wildlife officer, 814
constable, sheriff, deputy sheriff, or police officer, to the 815
owner or person in lawful control of the land upon which he THE 816
PERSON is hunting or trapping, or to any other person. Failure 818
to so carry or exhibit such a license constitutes an offense 819
under this section. Every person, while hunting or trapping on 820
the lands of another, shall wear on the back of his outer 821
garment, between his shoulders, a tag bearing his hunting license 823
number in figures easily visible and legible and at least one 825
inch in height. The tag shall be furnished free of charge to 826
every licensee on the issuance of his license and shall be 828
prepared and furnished annually by the division of wildlife. 829
Failure to wear the tag issued for the license then in effect 830
while hunting or trapping constitutes an offense under this 831
section. This chapter and Chapter 1531. of the Revised Code do 832
20
not allow any person to hunt or trap on any land without the
written consent of the owner thereof. 833
Such a license entitles a nonresident to take with him from 835
this state game birds or game quadrupeds killed and possessed by 836
him THE NONRESIDENT as provided by law or division rule. 837
Sec. 1533.15. The EXCEPT AS PROVIDED BY DIVISION RULE, THE 846
clerks and other agents authorized to issue hunting and fishing 848
licenses, deer and wild turkey permits, and fur taker permits 849
shall issue them in consecutive order of their numbers as stamped 850
on the upper left corner of each license or permit with the date 851
and exact time of day of issuance plainly written thereon and 852
shall keep a record of the licenses and permits issued, together 853
with the names and addresses of the persons to whom the licenses 854
and permits were issued. No license or permit sold in conformity 855
with sections 1533.10, 1533.11, 1533.111, and 1533.32 of the 856
Revised Code shall show any date and hour of issuance prior to 857
the actual date and hour when the license or permit was issued to 858
the applicant, and any violation of this requirement is an 859
offense by both the purchaser of the falsely dated license or 860
permit and the clerk or agent who issued it. A falsely dated 861
license or permit immediately is void, and in any hearing before 862
any court having jurisdiction, it shall be construed that no 863
license or permit was issued.
Such THE clerks and other agents shall transmit with their 865
reports to the director of natural resources, or another person 866
authorized to receive them, all the moneys received as license 867
and permit fees and may include the amounts paid to the clerks 868
and other agents as their fees. 869
Moneys received as fees under sections 1533.10 and 1533.111 871
of the Revised Code shall be paid into the state treasury to the 872
credit of the wildlife fund, which shall be exclusively for the 873
use of the department of natural resources in the education of 874
hunters and trappers, for the purchase, management, preservation, 875
propagation, protection, and stocking of wild birds and wild 876
21
quadrupeds, for establishing and purchasing or otherwise 877
acquiring title to lands for game preservation, propagation, and 878
protection, and for public hunting grounds under rules to be 879
adopted by the chief of the division of wildlife. The chief may 880
employ on such lands one or more game management agents and 881
wildlife officers at such salary and with such duties as he THE 882
CHIEF prescribes for improving habitat for wild birds and wild 884
quadrupeds and for all phases of game management, propagation, 885
and protection, including the necessary biological 886
investigations, for printing summarized game laws and the 887
division of wildlife lawbook, and for printing such educational 888
leaflets, pamphlets, and books and promoting such educational, 889
survey, and research activities pertaining to the management, 890
preservation, propagation, and protection of wild animals as are 891
approved by the chief and as provided in this chapter and Chapter 892
1531. of the Revised Code. 893
The department shall not spend more than thirty-five per 895
cent of this fund for administration and enforcement. 896
No moneys derived from hunting licenses, deer or wild 898
turkey permits, and fur taker permits shall be spent for other 899
than hunting and trapping purposes, as defined in this section 900
and sections 1533.11 and 1533.111 of the Revised Code. 901
The wildlife fund shall be reimbursed, as provided in this 903
section, for the cost of hunting and fishing licenses, permits, 904
and stamps required to be issued free of charge pursuant to rules 905
adopted under division (B) of section 1533.12 of the Revised 906
Code. The chief shall compile data on the number, type, and 907
amount of fees that would have been collected for the licenses, 908
permits, and stamps if they were not issued free of charge. The 909
chief shall certify the amount of foregone revenue for the 910
previous fiscal year for the free licenses, permits, and stamps 911
to the director of budget and management. Beginning with the 912
amount for fiscal year 1992, the director shall transfer the 913
lesser of one million dollars per year or the amount so certified 914
22
from the general revenue fund to the wildlife fund, by intrastate 915
transfer voucher. 916
No person, on any lands acquired and set aside for wild 918
animal management, preservation, propagation, and protection or 919
public hunting grounds having plainly marked boundaries, or with 920
knowledge that such lands are so acquired and set aside, shall 921
take, hunt or trap, kill, or pursue any wild animal on such 922
lands, except as provided by law or division rules. No person 923
shall enter upon such lands or lands held by the state for 924
purposes of reforestation with intent to cut growing timber on 925
any such lands or otherwise commit waste thereon. Hunting may be 926
engaged in on lands set aside for purposes of reforestation as 927
provided by division rules and approved by the division of 928
forestry. 929
Sec. 1533.32. Except as provided in this section or 938
division (A) or (C) of section 1533.12 of the Revised Code, no 939
person, including nonresidents, shall take or catch any fish by 940
angling in any of the waters in the state or engage in fishing in 941
those waters without a license. No person shall take or catch 942
frogs or turtles, or mussels for bait purposes, without a valid 943
fishing license, except as provided in this section. Persons 944
fishing in privately owned ponds, lakes, or reservoirs to or from 945
which fish are not accustomed to migrate are exempt from the 946
license requirements set forth in this section. Persons fishing 947
in privately owned ponds, lakes, or reservoirs that are open to 948
public fishing through an agreement or lease with the division of 949
wildlife shall comply with the license requirements set forth in 950
this section. 951
The fee FOR AN ANNUAL LICENSE shall be twenty-three dollars 953
for a resident of a state that is not a party to an agreement 955
under section 1533.91 of the Revised Code. The fee FOR AN ANNUAL 956
LICENSE shall be fourteen dollars for a resident of a state that 958
is a party to such an agreement. The fee FOR AN ANNUAL LICENSE 959
for residents of this state shall be fourteen dollars, unless the 961
23
rules adopted under division (B) of section 1533.12 of the
Revised Code provide for issuance of a resident fishing license 962
to the applicant free of charge. Any 963
ANY person under the age of sixteen years may take or catch 966
frogs and turtles, and mussels for bait purposes, and take or 967
catch fish by angling without a license. Any resident of this 968
state sixty-six years of age or older may take or catch frogs and 969
turtles, and mussels for bait purposes, without a license. The 970
THE chief of the division of wildlife may issue a tourist's 973
license expiring three days from the effective date of the 974
license to a resident of a state that is not a party to an 975
agreement under section 1533.91 of the Revised Code, the. THE 976
fee for which A TOURIST'S LICENSE shall be fourteen dollars. 977
Each year's 978
THE CHIEF SHALL ADOPT RULES UNDER SECTION 1531.10 OF THE 981
REVISED CODE PROVIDING FOR THE ISSUANCE OF A ONE-DAY FISHING 982
LICENSE TO A RESIDENT OF THIS STATE OR OF ANY OTHER STATE. THE 983
FEE FOR SUCH A LICENSE SHALL BE FORTY PER CENT OF THE AMOUNT 984
ESTABLISHED UNDER THIS SECTION FOR A TOURIST'S LICENSE, ROUNDED 985
UP TO THE NEAREST WHOLE DOLLAR. A ONE-DAY FISHING LICENSE SHALL 986
ALLOW THE HOLDER TO TAKE OR CATCH FISH BY ANGLING IN THE WATERS 987
IN THE STATE, ENGAGE IN FISHING IN THOSE WATERS, OR TAKE OR CATCH 988
FROGS OR TURTLES IN THOSE WATERS FOR ONE DAY WITHOUT OBTAINING AN 989
ANNUAL LICENSE OR A TOURIST'S LICENSE UNDER THIS SECTION. AT THE 991
REQUEST OF A HOLDER OF A ONE-DAY FISHING LICENSE WHO WISHES TO 992
OBTAIN AN ANNUAL LICENSE, A CLERK OR AGENT AUTHORIZED TO ISSUE 993
LICENSES UNDER SECTION 1533.13 OF THE REVISED CODE, NOT LATER 995
THAN THE LAST DAY ON WHICH THE ONE-DAY LICENSE WOULD BE VALID IF 996
IT WERE AN ANNUAL LICENSE, SHALL CREDIT THE AMOUNT OF THE FEE 997
PAID FOR THE ONE-DAY LICENSE TOWARD THE FEE CHARGED FOR THE 998
ANNUAL LICENSE IF SO AUTHORIZED BY THE CHIEF. THE CLERK OR AGENT 1,000
SHALL ISSUE THE ANNUAL LICENSE UPON PRESENTATION OF THE ONE-DAY 1,001
LICENSE AND PAYMENT OF A FEE IN AN AMOUNT EQUAL TO THE DIFFERENCE 1,002
BETWEEN THE FEE FOR THE ANNUAL LICENSE AND THE FEE FOR THE 1,003
24
ONE-DAY LICENSE.
A FEE OF ONE DOLLAR FOR EACH LICENSE ISSUED UNDER THIS 1,005
SECTION SHALL BE PAID TO THE ISSUING CLERK OR AGENT IN ACCORDANCE 1,007
WITH SECTION 1533.13 OF THE REVISED CODE. 1,009
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH ANNUAL 1,011
license shall begin on the first day of March of the current year 1,013
and expire on the last day of February of the following year. 1,014
No person shall alter a fishing license or possess a 1,016
fishing license that has been altered. 1,017
No person shall procure or attempt to procure a fishing 1,019
license by fraud, deceit, misrepresentation, or any false 1,020
statement. 1,021
Owners of land over, through, upon, or along which any 1,023
water flows or stands, except where the land is in or borders on 1,024
state parks or state-owned lakes, together with the members of 1,025
the immediate families of such owners, may take frogs and 1,027
turtles, and mussels for bait purposes, and may take or catch
fish of the kind permitted to be taken or caught therefrom 1,028
without procuring the A license provided for in this section. 1,029
This exemption extends to tenants actually residing upon such 1,031
lands and to the members of the immediate families of the 1,032
tenants. Residents of state or county institutions, charitable 1,033
institutions, and military homes in this state may take frogs and 1,034
turtles, and mussels for bait purposes, without procuring the 1,035
required license, provided that a member of the institution or 1,036
home has an identification card, which shall be carried on his 1,037
THAT person when fishing. 1,039
Every fisherman FISHER required to be licensed, while 1,041
fishing, or taking or attempting to take frogs or turtles, or 1,043
mussels for bait purposes, shall carry his THE license and 1,044
exhibit it to any person. Failure to so carry and exhibit such 1,046
THE license constitutes an offense under this section. 1,048
Notwithstanding the fees otherwise prescribed in this 1,050
section, prior to March 1, 1995, the license fee for a resident 1,052
25
of this state shall be eleven dollars, unless the rules adopted 1,054
under division (B) of section 1533.12 of the Revised Code provide 1,055
for the issuance of a resident fishing license to the applicant
free of charge; the license fee for a resident of another state 1,057
that is a party to an agreement under section 1533.91 of the 1,058
Revised Code shall be eleven dollars; the license fee for a 1,059
resident of a state that is not a party to such an agreement 1,061
shall be eighteen dollars; and the fee for a tourist's license 1,062
issued to a resident of a state that is not a party to such an
agreement shall be eleven dollars. 1,063
Sec. 1533.324. No person shall take MUSSELS or sell 1,072
mussels, except for bait purposes as provided in section 1533.32 1,073
of the Revised Code, without first obtaining an annual mussel 1,074
taking permit from the chief of the division of wildlife. The 1,075
fee for such permit shall be five dollars for residents of the 1,076
state and ten dollars for nonresidents. 1,077
No person shall use a crow foot bar in taking or attempting 1,079
to take mussels without first obtaining an annual crow foot bar 1,080
permit from the chief of the division of wildlife. The fee for 1,081
such permit shall be twenty-five dollars for residents of the 1,082
state and one hundred dollars for nonresidents. 1,083
"Crow foot bar" as used in this section means a bar made of 1,085
any material bearing a series of hooks designed to catch or 1,086
adapted for catching mussels by insertion of such hooks between 1,087
the shells of mussels. 1,088
No person shall buy mussels for resale, or commercial 1,090
processing, or manufacturing purposes without first obtaining an 1,091
annual commercial mussel buyer permit from the chief of the 1,092
division of wildlife. The fee for such permit shall be one 1,093
hundred dollars for residents of the state and three hundred 1,094
dollars for nonresidents. 1,095
Every person, while engaging in buying, selling, taking, or 1,097
attempting to take mussels, shall carry and exhibit the permit 1,098
which applies to his operation to any person upon request. 1,100
26
Failure to carry and exhibit such permit constitutes an offense 1,101
under this section. 1,102
All permits mentioned in this section shall expire at 1,104
midnight on the thirty-first day of December of each year. 1,105
Failure to obtain a required permit constitutes an offense under 1,106
this section. The application, permits, and reports required by 1,107
this section shall be in such form as the chief prescribes. 1,108
Each person having a mussel taking permit or a crow foot 1,110
bar permit shall submit an operation report by not later than the 1,111
fifteenth day of each month to the chief of the division of 1,112
wildlife. Said report shall show pounds of mussels collected, 1,113
water area where collected, pounds sold, and selling price per 1,114
unit of sale. Each commercial mussel buyer shall submit a report 1,115
not later than the first day of February of each year of the 1,116
pounds of mussels and shells purchased in the previous year. 1,117
Falsifying or failure to submit such reports authorizes the chief 1,118
of the division of wildlife to deny future permits. 1,119
The chief shall pay all moneys received as fees for permits 1,121
under this section into the state treasury to the credit of the 1,122
fund created by section 1533.33 of the Revised Code TAKEN IN THIS 1,123
STATE. 1,124
Section 2. That existing sections 1531.01, 1533.10, 1,126
1533.101, 1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1,127
1533.32, and 1533.324 of the Revised Code are hereby repealed. 1,129
Section 3. Section 1531.01 of the Revised Code is 1,131
presented in this act as a composite of the section as amended by 1,132
both Am. H.B. 287 and Am. Sub. S.B. 182 of the 120th General 1,133
Assembly, with the new language of neither of the acts shown in 1,135
capital letters. Sections 1533.10, 1533.11, and 1533.111 of the 1,136
Revised Code are presented in this act as composites of the 1,139
sections as amended by both Sub. H.B. 715 and Am. Sub. S.B. 182 1,140
of the 120th General Assembly, with the new language of neither 1,143
of the acts shown in capital letters. This is in recognition of 1,145
the principle stated in division (B) of section 1.52 of the 1,146
27
Revised Code that such amendments are to be harmonized where not 1,147
substantively irreconcilable and constitutes a legislative 1,148
finding that such is the resulting version in effect prior to the 1,149
effective date of this act.