As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 466


Representative Huffman 

Cosponsors: Representatives Boose, Blessing, Adams, J., Murray, Evans, Ruhl, McGregor, Wachtmann, Zehringer, Stebelton, Mecklenborg, Maag, Amstutz, Morgan, Mandel, Martin, Letson, Bacon, Jordan, Burke, Hall, Uecker, Goodwin, Sears 



A BILL
To amend section 1533.10 of the Revised Code to 1
authorize a member of a limited liability company 2
that owns land in this state to hunt on the land 3
without a hunting license under specified 4
conditions.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 1533.10 of the Revised Code be 6
amended to read as follows:7

       Sec. 1533.10.  Except as provided in this section or division 8
(A)(2) of section 1533.12 of the Revised Code, no person shall 9
hunt any wild bird or wild quadruped without a hunting license. 10
Each day that any person hunts within the state without procuring 11
such a license constitutes a separate offense. Except as otherwise 12
provided in this section, every applicant for a hunting license 13
who is a resident of the state and eighteen years of age or more 14
shall procure a resident hunting license or an apprentice resident 15
hunting license, the fee for which shall be eighteen dollars 16
unless the rules adopted under division (B) of section 1533.12 of 17
the Revised Code provide for issuance of a resident hunting 18
license to the applicant free of charge. Except as provided in 19
rules adopted under division (B)(2) of that section, each 20
applicant who is a resident of this state and who at the time of 21
application is sixty-six years of age or older shall procure a 22
special senior hunting license, the fee for which shall be 23
one-half of the regular hunting license fee. Every applicant who 24
is under the age of eighteen years shall procure a special youth 25
hunting license or an apprentice youth hunting license, the fee 26
for which shall be one-half of the regular hunting license fee. 27
The owner of lands in the state and the owner's children of any 28
age and grandchildren under eighteen years of age may hunt on the 29
lands without a hunting license. In addition, if the owner of land 30
in the state is a limited liability company that consists of five 31
or fewer members, a member of the limited liability company who is 32
a resident of this state may hunt on the land owned by the limited 33
liability company without a hunting license. The tenant and 34
children of the tenant, residing on lands in the state, may hunt 35
on them without a hunting license. Except as otherwise provided in 36
division (A)(1) of section 1533.12 of the Revised Code, every 37
applicant for a hunting license who is a nonresident of the state 38
and who is eighteen years of age or older shall procure a 39
nonresident hunting license or an apprentice nonresident hunting 40
license, the fee for which shall be one hundred twenty-four 41
dollars unless the applicant is a resident of a state that is a 42
party to an agreement under section 1533.91 of the Revised Code, 43
in which case the fee shall be eighteen dollars. Apprentice 44
resident hunting licenses, apprentice youth hunting licenses, and 45
apprentice nonresident hunting licenses are subject to the 46
requirements established under section 1533.102 of the Revised 47
Code and rules adopted pursuant to it.48

       The chief of the division of wildlife may issue a small game 49
hunting license expiring three days from the effective date of the 50
license to a nonresident of the state, the fee for which shall be 51
thirty-nine dollars. No person shall take or possess deer, wild 52
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame 53
animal while possessing only a small game hunting license. A small 54
game hunting license or an apprentice nonresident hunting license 55
does not authorize the taking or possessing of ducks, geese, or 56
brant without having obtained, in addition to the small game 57
hunting license or the apprentice nonresident hunting license, a 58
wetlands habitat stamp as provided in section 1533.112 of the 59
Revised Code. A small game hunting license or an apprentice 60
nonresident hunting license does not authorize the taking or 61
possessing of deer, wild turkeys, or fur-bearing animals. A 62
nonresident of the state who wishes to take or possess deer, wild 63
turkeys, or fur-bearing animals in this state shall procure, 64
respectively, a deer or wild turkey permit as provided in section 65
1533.11 of the Revised Code or a fur taker permit as provided in 66
section 1533.111 of the Revised Code in addition to a nonresident 67
hunting license, an apprentice nonresident hunting license, a 68
special youth hunting license, or an apprentice youth hunting 69
license, as applicable, as provided in this section.70

       No person shall procure or attempt to procure a hunting 71
license by fraud, deceit, misrepresentation, or any false 72
statement.73

       This section does not authorize the taking and possessing of 74
deer or wild turkeys without first having obtained, in addition to 75
the hunting license required by this section, a deer or wild 76
turkey permit as provided in section 1533.11 of the Revised Code 77
or the taking and possessing of ducks, geese, or brant without 78
first having obtained, in addition to the hunting license required 79
by this section, a wetlands habitat stamp as provided in section 80
1533.112 of the Revised Code.81

       This section does not authorize the hunting or trapping of 82
fur-bearing animals without first having obtained, in addition to 83
a hunting license required by this section, a fur taker permit as 84
provided in section 1533.111 of the Revised Code.85

       No hunting license shall be issued unless it is accompanied 86
by a written explanation of the law in section 1533.17 of the 87
Revised Code and the penalty for its violation, including a 88
description of terms of imprisonment and fines that may be 89
imposed.90

       No hunting license, other than an apprentice hunting license, 91
shall be issued unless the applicant presents to the agent 92
authorized to issue the license a previously held hunting license 93
or evidence of having held such a license in content and manner 94
approved by the chief, a certificate of completion issued upon 95
completion of a hunter education and conservation course approved 96
by the chief, or evidence of equivalent training in content and 97
manner approved by the chief. A previously held apprentice hunting 98
license does not satisfy the requirement concerning the 99
presentation of a previously held hunting license or evidence of 100
it.101

       No person shall issue a hunting license, except an apprentice 102
hunting license, to any person who fails to present the evidence 103
required by this section. No person shall purchase or obtain a 104
hunting license, other than an apprentice hunting license, without 105
presenting to the issuing agent the evidence required by this 106
section. Issuance of a hunting license in violation of the 107
requirements of this section is an offense by both the purchaser 108
of the illegally obtained hunting license and the clerk or agent 109
who issued the hunting license. Any hunting license issued in 110
violation of this section is void.111

       The chief, with approval of the wildlife council, shall adopt 112
rules prescribing a hunter education and conservation course for 113
first-time hunting license buyers, other than buyers of apprentice 114
hunting licenses, and for volunteer instructors. The course shall 115
consist of subjects including, but not limited to, hunter safety 116
and health, use of hunting implements, hunting tradition and 117
ethics, the hunter and conservation, the law in section 1533.17 of 118
the Revised Code along with the penalty for its violation, 119
including a description of terms of imprisonment and fines that 120
may be imposed, and other law relating to hunting. Authorized 121
personnel of the division or volunteer instructors approved by the 122
chief shall conduct such courses with such frequency and at such 123
locations throughout the state as to reasonably meet the needs of 124
license applicants. The chief shall issue a certificate of 125
completion to each person who successfully completes the course 126
and passes an examination prescribed by the chief.127

       Section 2. That existing section 1533.10 of the Revised Code 128
is hereby repealed.129