As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 340


Representatives Patmon, Dovilla 

Cosponsors: Representatives Adams, J., Martin, Johnson, Damschroder, Ruhl, Fende, Slaby, Roegner 



A BILL
To amend section 1533.32 of the Revised Code to 1
specify that an applicant for a fishing license 2
cannot be required to provide more than the last 3
four digits of the applicant's Social Security 4
number.5


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

       Section 1. That section 1533.32 of the Revised Code be 6
amended to read as follows:7

       Sec. 1533.32.  Except as provided in this section or division 8
(A)(2) or (C) of section 1533.12 of the Revised Code, no person, 9
including nonresidents, shall take or catch any fish by angling in 10
any of the waters in the state or engage in fishing in those 11
waters without a license. No person shall take or catch frogs or 12
turtles without a valid fishing license, except as provided in 13
this section. Persons fishing in privately owned ponds, lakes, or 14
reservoirs to or from which fish are not accustomed to migrate are 15
exempt from the license requirements set forth in this section. 16
Persons fishing in privately owned ponds, lakes, or reservoirs 17
that are open to public fishing through an agreement or lease with 18
the division of wildlife shall comply with the license 19
requirements set forth in this section.20

       The fee for an annual license shall be thirty-nine dollars 21
for a resident of a state that is not a party to an agreement 22
under section 1533.91 of the Revised Code. The fee for an annual 23
license shall be eighteen dollars for a resident of a state that 24
is a party to such an agreement. The fee for an annual license for 25
residents of this state shall be eighteen dollars unless the rules 26
adopted under division (B) of section 1533.12 of the Revised Code 27
provide for issuance of a resident fishing license to the 28
applicant free of charge. Except as provided in rules adopted 29
under division (B)(2) of that section, each applicant who is a 30
resident of this state and who at the time of application is 31
sixty-six years of age or older shall procure a special senior 32
fishing license, the fee for which shall be one-half of the annual 33
resident fishing license fee.34

       Any person under the age of sixteen years may take or catch 35
frogs and turtles and take or catch fish by angling without a 36
license. 37

       The chief of the division of wildlife may issue a tourist's 38
license expiring three days from the effective date of the license 39
to a resident of a state that is not a party to an agreement under 40
section 1533.91 of the Revised Code. The fee for a tourist's 41
license shall be eighteen dollars. 42

       The chief shall adopt rules under section 1531.10 of the 43
Revised Code providing for the issuance of a one-day fishing 44
license to a resident of this state or of any other state. The fee 45
for such a license shall be fifty-five per cent of the amount 46
established under this section for a tourist's license, rounded up 47
to the nearest whole dollar. A one-day fishing license shall allow 48
the holder to take or catch fish by angling in the waters in the 49
state, engage in fishing in those waters, or take or catch frogs 50
or turtles in those waters for one day without obtaining an annual 51
license or a tourist's license under this section. At the request 52
of a holder of a one-day fishing license who wishes to obtain an 53
annual license, a clerk or agent authorized to issue licenses 54
under section 1533.13 of the Revised Code, not later than the last 55
day on which the one-day license would be valid if it were an 56
annual license, shall credit the amount of the fee paid for the 57
one-day license toward the fee charged for the annual license if 58
so authorized by the chief. The clerk or agent shall issue the 59
annual license upon presentation of the one-day license and 60
payment of a fee in an amount equal to the difference between the 61
fee for the annual license and the fee for the one-day license.62

       When applying for a license under this section, an applicant 63
shall not be required to provide more than the last four digits of 64
the social security number of the applicant.65

       Unless otherwise provided by division rule, each annual 66
license shall begin on the first day of March of the current year 67
and expire on the last day of February of the following year.68

       No person shall alter a fishing license or possess a fishing 69
license that has been altered.70

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

        A resident of this state who owns land over, through, upon, 74
or along which any water flows or stands, except where the land is 75
in or borders on state parks or state-owned lakes, together with 76
the members of the immediate families of such owners, may take 77
frogs and turtles and may take or catch fish of the kind permitted 78
to be taken or caught therefrom without procuring a license 79
provided for in this section. This exemption extends to tenants 80
actually residing upon such lands and to the members of the 81
immediate families of the tenants. If the owner of such land in 82
this state is a limited liability company or a limited liability 83
partnership that consists of three or fewer individual members or 84
partners, as applicable, an individual member or partner who is a 85
resident of this state and the member's or partner's children of 86
any age may take frogs and turtles and may take or catch fish of 87
the kind permitted to be taken or caught therefrom without 88
procuring a license provided for in this section. In addition, if 89
the owner of such land in this state is a trust that has a total 90
of three or fewer trustees and beneficiaries, an individual who is 91
a trustee or beneficiary and who is a resident of this state and 92
the individual's children of any age may take frogs and turtles 93
and may take or catch fish of the kind permitted to be taken or 94
caught therefrom without procuring a license provided for in this 95
section. Residents of state or county institutions, charitable 96
institutions, and military homes in this state may take frogs and 97
turtles without procuring the required license, provided that a 98
member of the institution or home has an identification card, 99
which shall be carried on that person when fishing.100

       Every fisher required to be licensed, while fishing or taking 101
or attempting to take frogs or turtles, shall carry the license 102
and exhibit it to any person. Failure to so carry and exhibit the 103
license constitutes an offense under this section.104

       Section 2.  That existing section 1533.32 of the Revised Code 105
is hereby repealed.106