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(122nd General Assembly)(Amended Substitute Senate Bill Number 103)
AN ACT
To amend sections 1531.02, 1533.05, 1533.07, 1533.10, 1533.111,
1533.17, 1533.66, 1533.68, and 1533.99 and
to enact sections
1531.021 and
1531.022 of
the Revised Code to permit hunting on any day
during open season on state
public hunting areas and certain private lands,
to allow grandchildren under
age eighteen to hunt on their grandparents'
land without a hunting license, to
make
changes in the penalty
applying to violation of the prohibition
against
trespassing while hunting or
trapping,
to provide a qualified immunity from
liability to owners of land upon which a
violation of the prohibition occurs, and to make other
changes to the law
governing hunting.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 1531.02, 1533.05, 1533.07, 1533.10,
1533.111, 1533.17, 1533.66, 1533.68, and 1533.99
be amended and sections 1531.021 and 1531.022 of the Revised Code be
enacted to read as follows:
Sec. 1531.02. The ownership of and the title to all wild
animals in this state, not legally confined or held by private
ownership legally acquired, is in the state, which holds such
title in trust for the benefit of all the people. Individual
possession shall be obtained only in accordance with the Revised
Code or division rules. No person at any
time of the year shall take in any manner or possess any number or
quantity of wild animals, except such wild animals as
that the Revised
Code or division rules permit to be taken, hunted, killed, or
had in possession, and only at such the time and place,
and in such the
manner, as that the Revised Code or division rules prescribe.
No
person shall buy, sell, or offer any part of wild animals for
sale, or transport any part of wild animals, except as permitted
by the Revised Code or division rules. No person shall possess
or transport a wild animal which that has been taken unlawfully
outside the state. A person doing anything prohibited or neglecting to do
anything required by this chapter or Chapter 1533. of the Revised
Code or contrary to any division rule violates this section. A
person who counsels, aids, shields, or harbors an offender under
such chapters or any division rule, or who knowingly shares in the
proceeds of such a violation, or receives or possesses any wild
animal in violation of the Revised Code or division rule,
violates this section. No person shall hunt a wild bird or wild
quadruped, except coyotes, fox, groundhogs, or migratory
waterfowl as defined in the "Migratory Bird Hunting Stamp Act,"
48 Stat. 452 (1934), 16 U.S.C.A. 718, as amended, and except as provided in
sections 1533.73 and 1533.731 of the Revised Code, on Sunday or use
a rifle, at any time, in taking migratory game birds. Sec. 1531.021. (A) Except as provided in this section, no person
shall hunt a wild
bird or wild quadruped on
Sunday. (B) The prohibition
in division (A) of this section
shall not apply to any of the following: (1) Hunting on public lands designated by the division
of wildlife as a state public hunting area; (2) Hunting on private lands registered in accordance
with section 1531.022 of the
Revised
Code; (3) Hunting on any private lands consisting of not less than twenty
contiguous acres by the owner of the lands, the owner's spouse, the parents
and siblings of the owner and of the owner's spouse, the
children and grandchildren of the owner and of the owner's spouse, and the
spouses of the children of the owner and of the owner's spouse. For the
purposes of division (B)(3) of this section, areas of land owned by
the same person are considered to be contiguous although they are separated by
a public road or highway. (4) Hunting on a commercial bird shooting preserve in
accordance with section 1533.73 of the
Revised
Code; (5) Hunting on a wild animal hunting preserve in
accordance with section 1533.731 of the
Revised
Code; (6) Engaging in the sport of falconry in accordance
with rules adopted pursuant to section 1533.05 of the
Revised
Code; (7) Hunting coyotes, fox, groundhogs, or migratory
waterfowl as defined in the
"Migratory
Bird
Hunting
Stamp
Act," 48
Stat. 452 (1934), 16
U.S.C.A.
718, as amended. Sec. 1531.022. The Chief of the division of wildlife
or the chief's designee shall establish a program under which
owners of private lands who wish to allow hunting on their lands on
Sunday may register to do so
with the division. A landowner may register an area
of land with the chief only if it meets either of the following
conditions: (A) The area of land consists of not less than one hundred
contiguous acres. For the purposes of this division, areas of land owned by
the same person are considered to be contiguous although they are separated by
a public road or highway. (B) If an area of land consists of less
than one hundred contiguous acres, the owner of the area of land and one or
more other owners of areas of land consisting of less than, equal to, or more
than one hundred
contiguous acres each jointly register their lands with the chief. In order
to
be ELIGIBLE for a joint registration under this division, each area of land
proposed to be included in the joint registration shall be contiguous to at
least one of the other areas of land proposed to be included, and the areas of
land proposed to be included in the joint registration shall consist of a
total
of not less than one hundred acres. For the purposes of this division, areas
of land are considered to be contiguous if they share a common boundary or are
separated only by a public road or highway. Upon registration, the division shall issue to each affected
landowner, free of charge, a permit reflecting that hunting on
Sunday is lawful on the
lands specified by the landowner in the registration or joint registration. A
permit
issued under this section is valid for five years, unless
the landowner invalidates the permit by notifying the division
that the landowner no longer wishes to allow hunting on
Sunday on the lands specified
in the permit.
If any landowner who jointly
registers land under division (B) of this
section notifies the chief that the landowner no longer wishes to allow
hunting
on Sunday on the landowner's land, the permit
is invalid with respect to all of the lands specified in the permit.
Upon receiving such a notice from a landowner who jointly registered land
under that division, the chief shall notify the other landowners named in the
joint registration of the invalidation of the permit.
A landowner may invalidate a permit at any
time. If any landowner who registers or jointly registers land under this
section ceases to be the owner of the land specified in a permit issued under
this section, the permit is invalid with respect to all of the lands specified
in the permit. Upon ceasing to be the owner of land specified in such a
permit, the permit holder shall notify the chief of that fact. Upon receiving
such a notice regarding land jointly registered under division
(B) of this section, the chief shall notify
the other landowners named in the joint registration of the invalidation of
the permit. The division shall keep records of all registered
landowners holding a valid permit issued under this section and
may furnish the records to wildlife officers or other law
enforcement officers for the purpose of enforcing the law
governing hunting on
Sunday. The division may furnish a landowner holding a valid
permit issued under this section with signs reflecting that
hunting on Sunday is lawful on
the lands on which the signs are posted. The chief may adopt any rules necessary for
implementation of this section. Sec. 1533.05. (A) As used in this section and section
1533.051 of the Revised Code, "raptor" means a live migratory
bird of the family Falconidae or of the family Accipitridae other
than a bald eagle (Haliaeetus leucocephalus). (B) The chief of the division of wildlife may authorize
the taking, possession, and transportation of raptors for use in
the sport of falconry by rules adopted pursuant to section 1531.08 of
the Revised Code. The rules shall be consistent with federal
regulations governing raptors and may authorize the taking of
game by the use of raptors, including taking with a trained
raptor and a dog. The chief, by rules adopted pursuant to section 1531.08 of
the Revised Code, may do all of the following: (1) Notwithstanding any other rule governing the taking of quail,
authorize a person engaged in the sport of falconry to permit his
the person's
raptor to take quail; (2) Notwithstanding section 1531.02 of the Revised Code,
authorize Authorize a person engaged in the sport of falconry to
permit his the person's
raptor to take game on Sunday within legal seasons; (3) Authorize special falconry seasons; (4) Notwithstanding section 1533.07 of the Revised Code,
authorize Authorize a person engaged in the sport of falconry to
possess
and to permit his the person's raptor to take European
starlings, English sparrows, and common pigeons, other than homing pigeons, at
any
time. (C) No person shall take, possess, or transport a raptor
for use in the sport of falconry or shall practice falconry
without a permit to do so issued by the chief. The duration of
the permit shall be consistent with applicable federal
requirements. The chief may require a separate permit for the
taking of raptors. The fees for permits shall be set by the chief in amounts
sufficient to cover the expenses of the division of wildlife in
exercising
its authority under this section and may vary according to class
and type of permit. Moneys received from the sale of permits
shall be paid into the state treasury to the credit of the fund
established in section 1533.15 of the Revised Code. An applicant for a permit shall present a valid hunting
license issued to him the applicant for the current license year
under section 1533.13 of the Revised Code and shall maintain a valid and
current hunting license thereafter while taking or attempting to
take game or raptors to be used for falconry purposes. A permit
issued under this section is not transferable. No person shall
carry a permit issued in the name of another person. (D) Every person, while engaged in falconry on the
lands of another, shall carry the permit issued to him the
person under this section together with a valid hunting license issued to
him the person for the current license year under section
1533.13 of the Revised Code and shall exhibit the permit and license to any
law
enforcement officer requesting to see them. (E) Notwithstanding any other provision of this section,
of any rule adopted by the chief governing falconry, or of any
federal regulation governing raptors, no person shall take or
disturb for the purpose of falconry the nest of a wild raptor or
any young raptor in the wild that is not yet capable of flight
except in such situations, and under the direct supervision of a
wildlife officer, where the nest otherwise would be destroyed or
the raptor would not survive. Sec. 1533.07. No person shall catch, kill, injure, pursue,
or have in his the person's possession, either dead or alive, or
purchase, expose for sale, transport, or ship to a point within or without
the state, or receive or deliver for transportation any bird
other than a game bird, or have in his the person's possession
any part of the plumage, skin, or body of any bird other than a game bird,
except
as permitted in Chapters Chapter 1531. and 1533.
this chapter of the Revised Code, or
disturb or destroy the eggs, nest, or young of such a bird. This section does not prohibit the lawful taking, killing,
pursuing, or possession of any game bird during the open season
for such the bird. Hawks or owls causing damage to domestic
animals
or fowl may be killed by the owner of the domestic animal or fowl
while such the damage is occurring. Bald or golden eagles and
ospreys shall not be killed or possessed at any time, except that
eagles or ospreys may be possessed for educational purposes by
governmental or municipal zoological parks, museums, and
scientific or educational institutions. European starlings,
English sparrows, and common pigeons, other than homing pigeons,
may be killed at any time, except Sunday as provided in section
1531.021 Of the Revised Code, and their nests or eggs
may be destroyed, at any time. Blackbirds may be killed at any
time, except Sunday as provided in section 1531.021 Of the Revised Code, when
doing damage to grain or other property
or when they become a nuisance. Each bird or any part thereof taken or had in possession
contrary to this section constitutes a separate offense. Sec. 1533.10. Except as provided in this section or
division (A) of section 1533.12 of the Revised Code, no person
shall hunt any wild bird or wild quadruped without a hunting
license. Each day that any person hunts within the state without
procuring such a license constitutes a separate offense. Every
applicant for a hunting license who is a resident of the state
and age sixteen or over shall procure a resident hunting license,
the fee for which shall be fourteen dollars, unless the rules
adopted under division (B) of section 1533.12 of the Revised Code
provide for issuance of a resident hunting license to the
applicant free of charge. Every applicant who is a resident of
the state and under the age of sixteen years shall procure a
special youth hunting license, the fee for which shall be
one-half of the regular hunting license fee. The owner of lands in the
state and the
owner's children of the owner of lands in the state of any
age and grandchildren under eighteen years of age may hunt thereon
on the lands
without a hunting license. The tenant or manager and children of
the tenant or manager, residing on lands in the state, may hunt
thereon without a hunting license. Every applicant for a hunting
license who is a nonresident of the state shall procure a
nonresident hunting license, the fee for which shall be ninety
dollars, unless the applicant is a resident of a state that is a
party to an agreement under section 1533.91 of the Revised Code,
in which case the fee shall be fourteen dollars. The chief of the division of wildlife may issue a tourist's
small game hunting license expiring three days from the effective
date of the license to a nonresident of the state, the fee for
which shall be twenty-four dollars. No person shall take or
possess any animal that is not small game while possessing only a
tourist's small game hunting license. A tourist's small game
hunting license does not authorize the taking or possessing of
ducks, geese, or brant without having obtained, in addition to
the tourist's small game hunting license, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code. No person shall procure or attempt to procure a hunting
license by fraud, deceit, misrepresentation, or any false
statement. This section does not authorize the taking and possessing
of deer or wild turkeys without first having obtained, in
addition to the hunting license required by this section, a
special deer or wild turkey permit as provided in section 1533.11
of the Revised Code or the taking and possessing of ducks, geese,
or brant without first having obtained, in addition to the
hunting license required by this section, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code. This section does not authorize the hunting or trapping of
fur-bearing animals without first having obtained, in addition to
a hunting license required by this section, a fur taker permit as
provided in section 1533.111 of the Revised Code. No hunting license shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17 Of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed. No hunting license shall be issued unless the applicant
presents to the agent authorized to issue the license a
previously held hunting license or evidence of having held such a
license in content and manner approved by the chief, a
certificate of completion issued upon completion of a hunter
education and conservation course approved by the chief, or
evidence of equivalent training in content and manner approved by
the chief. No person shall issue a hunting license to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a hunting license without
presenting to the issuing agent the evidence required by this
section. Issuance of a hunting license in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained hunting license and the clerk or agent
who issued the hunting license. Any hunting license issued in
violation of this section is void. The chief, with approval of the wildlife council, shall
adopt rules prescribing a hunter education and conservation
course for first-time hunting license buyers and for volunteer
instructors. The course shall consist of subjects including, but
not limited to, hunter safety and health, use of hunting
implements, hunting tradition and ethics, the hunter and
conservation, the law in section 1533.17 Of the Revised Code along with the penalty for
its
violation, including a description of terms of imprisonment and fines that may
be imposed, and the other law relating to hunting.
Authorized
personnel of the division or volunteer instructors approved by
the chief shall conduct such courses with such frequency and at
such locations throughout the state as to reasonably meet the
needs of license applicants. The chief shall issue a certificate
of completion to each person who successfully completes the
course and passes an examination prescribed by the chief. Sec. 1533.111. Except as provided in this section or
division (A) of section 1533.12 of the Revised Code, no person
shall hunt or trap fur-bearing animals on land of another without
first obtaining an annual fur taker permit. Each applicant for a
fur taker permit shall pay an annual fee of ten dollars, together
with one dollar as a fee to the clerk or other issuing agent, for
the permit, except as otherwise provided in this section or
unless the rules adopted under division (B) of section 1533.12 of
the Revised Code provide for issuance of a fur taker permit to
the applicant free of charge. Each applicant who is a resident
of the state and under the age of sixteen years shall procure a
special youth fur taker permit, the fee for which shall be
one-half of the regular fur taker permit fee and which shall be
paid together with one dollar as a fee to the clerk or other
issuing agent. The fur taker permit shall run concurrently with
the hunting license. The money received, other than the one-
dollar fee provided for in this section, shall be paid into the
state treasury to the credit of the fund established in section
1533.15 of the Revised Code. No fur taker permit shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17 Of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed. No fur taker permit shall be issued unless the applicant
presents to the agent authorized to issue a fur taker permit a
previously held hunting license or trapping or fur taker permit
or evidence of having held such a license or permit in content and
manner approved by the chief of the division of wildlife, a
certificate of completion issued upon completion of a trapper
education course approved by the chief, or evidence of equivalent
training in content and manner approved by the chief. No person shall issue a fur taker permit to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a fur taker permit without
presenting to the issuing agent the evidence required by this
section. Issuance of a fur taker permit in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained permit and the clerk or agent who
issued the permit. Any fur taker permit issued in violation of
this section is void. The chief, with approval of the wildlife council, shall
adopt rules prescribing a trapper education course for first-time
fur taker permit buyers and for volunteer instructors. The
course shall consist of subjects that include, but are not
limited to, trapping techniques, animal habits and
identification, trapping tradition and ethics, the trapper and
conservation, the law in section 1533.17 Of the Revised Code along with the penalty for
its violation, including a description of terms of imprisonment and fines that
may be imposed, and the other law relating to
trapping. Authorized
personnel of the division of wildlife or volunteer instructors
approved by the chief shall conduct the courses with such
frequency and at such locations throughout the state as to
reasonably meet the needs of permit applicants. The chief shall
issue a certificate of completion to each person who successfully
completes the course and passes an examination prescribed by the
chief. Every person, while hunting or trapping fur-bearing
animals on lands of another, shall carry the person's fur
taker permit affixed to the person's hunting license with
the person's signature written across
the face of the permit. Failure to carry such a signed permit
constitutes an offense under this section. The chief shall adopt any
additional rules the chief considers necessary to carry
out this section. The owner and the children of the owner of lands in this
state may hunt or trap fur-bearing animals thereon without a fur
taker permit. The tenant or manager and children of the tenant
or manager may hunt or trap fur-bearing animals on lands
where they reside without a fur taker permit. A fur taker permit is not transferable. No person shall
carry a fur taker permit issued in the name of another person. A fur taker permit entitles a nonresident to take
from this state fur-bearing animals taken and possessed by the
nonresident as provided by law or division rule. Sec. 1533.17. (A) No person shall hunt or trap upon any lands,
pond, lake, or private waters of another, except water claimed by
riparian right of ownership in adjacent lands, or shoot, shoot
at, catch, kill, injure, or pursue a wild bird, wild waterfowl,
or wild animal thereon without obtaining written permission
from
the owner or his the owner's authorized agent. (B) Except as otherwise provided in this division, the owner,
lessee, renter, or
occupant of any lands, pond, lake, or private waters upon which
a person violates division (A)
of this section is not liable in damages to any person in a
civil action for injury, death, or loss to person or property
that arises during or incidental to the violation. For the
purposes of this division, a finding that a person violated
division (A) of this section is
not dependent upon the person being charged with or convicted of
a violation of division (A) of
this section. This division
does not apply to civil claims based upon alleged willful
or wanton misconduct or intentionally tortious conduct of the
owner, lessee, renter, or occupant. This division does not
create a new cause of action or a substantive legal right
against the owner, lessee, renter, or occupant, and
does not affect any immunities from civil liability
or defenses established by another section of
the Revised
Code
or available at common law, to which the owner, lessee,
renter, or occupant may be entitled under circumstances not
covered by this section. (C) A person
who obtains the permission required under division
(A) of this section shall carry
it with the person at all times during which the person is
engaged in an activity for which the permission is required and
shall exhibit it upon request of a wildlife officer, constable,
sheriff, deputy sheriff, police officer, other law enforcement
officer, or the owner of the lands, pond, lake, or private
waters on which the person is hunting or trapping or the owner's
authorized agent. Sec. 1533.66. (A) No person shall trespass upon lands or
rights in lands of another, lying in or bordering upon a natural
or artificial pond or brook less than ten miles in length into
which have been introduced brook trout, speckled trout, brown
trout, land lock landlocked salmon, California salmon, or other
fish by
artificial propagation or actual importation from other waters,
for the purpose of fishing for, catching, or killing fish. No (B) No
person shall catch or kill fish in such pond or brook or buy,
receive, or possess fish caught contrary to this section. No (C) No
person shall willfully place poison or other substance injurious
to the health of such fish in a pond or brook described in this
section for the purpose of capturing or harming such fish
therein, or wrongfully and willfully let the water out of such
pond or brook with intent to take or injure fish therein. (D) Prosecutions for a violation of this section shall be
instituted only upon the complaint of the person or his the
person's agent upon whose lands or rights in lands or waters the trespass
has been committed. (E) Except as otherwise provided in this division, the owner,
lessee, renter, or
occupant of lands or rights in lands upon which a person
violates division (A) of this
section is not liable in damages to any person in a civil action
for injury, death, or loss to person or property that arises
during or incidental to the violation. For the purposes of this
division, a finding that a person violated division
(A) of this section is not
dependent upon the person being charged with or convicted of a
violation of division
(A) of
this section. This division
does not apply to civil claims based upon alleged willful
or wanton misconduct or intentionally tortious conduct of the
owner, lessee, renter, or occupant. This division does not
create a new cause of action or a substantive legal right
against the owner, lessee, renter, or occupant, and
does not affect any immunities from
civil liability or defenses established by another section of
the Revised
Code
or available at common law, to which the owner, lessee,
renter, or occupant may be entitled under circumstances not
covered by this section. Sec. 1533.68. If a person is convicted of a violation of
any law relative to the taking, possession, protection,
preservation, or propagation of wild animals, or a violation of
division (C) of section 2909.08 of the Revised Code while
hunting, or is convicted of a violation of any rule of the
division of wildlife, the court or magistrate before whom the
conviction is had, as an additional part of the penalty in
each case, shall suspend or revoke each license or permit issued to the
person in accordance with any section of the Revised Code
pertaining to the hunting, fishing, trapping, breeding, and sale of
wild animals or the sale of their hides, skins, or pelts. No fee paid for
such a license or permit shall be returned to the
person. No person having his A license or permit suspended or revoked
as provided in this section, in the event of a hunting or
trapping violation, shall engage in hunting or trapping, in the event
of a violation of division (C) of section 2909.08 of the Revised
Code while hunting, shall engage in hunting, or in the event of a
fishing violation, shall engage in fishing, or purchase, apply for, or
receive any such license or permit for the following periods of time, as
applicable: (A) Three years after the date of conviction, if the person
is convicted of taking or possessing a deer in violation of
section 1531.02 of the Revised Code; (B) Not more than three years after the date of conviction,
if the person is convicted of taking or possessing any other wild
animal in violation of section 1531.02 of the Revised Code, or is
convicted of a misdemeanor violation of division (C) of section
2909.08 of the Revised Code while hunting, or is convicted of a
second or subsequent violation of section 1533.17 Of the Revised Code within a period of
three consecutive years after the date of conviction of the immediately
preceding violation of that section; (C) Not more than five years after the date of conviction,
if the person is convicted of violating section 1533.171 or of
taking or possessing an eagle or osprey in violation of section
1533.07 of the Revised Code, or is convicted of a felony
violation of division (C) of section 2909.08 of the Revised Code
while hunting. All licenses and permits suspended or revoked as provided
in this section shall be taken up by the magistrate and sent to
the department of natural resources where they shall be filed
with a record of the arrest until the person who held the
suspended or revoked license or permit is lawfully entitled to
obtain another license or permit. Sec. 1533.99. (A) Whoever violates section 1533.17 of the
Revised Code is guilty of a minor misdemeanor of the third
degree on a first offense and a misdemeanor of the second degree on each
subsequent offense. In addition to any other sanction imposed under this
division,
on a second or subsequent offense occurring within a period of three
consecutive years after the date of conviction of the immediately preceding
violation of that section
any firearms or other hunting implements in the
possession or under the control of the offender at the time of
the violation are subject to seizure in accordance with section
1531.20 of the Revised
Code.
If the offender
persists in the offense after reasonable warning or request to
desist, the offender is guilty of a misdemeanor of the fourth
second
degree. (B) Whoever violates section 1533.161, 1533.23, 1533.24,
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55,
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 1533.73,
1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 1533.80, division (F)
of section 1533.731, of or division (B) or (C) of section
1533.97 of the
Revised Code is guilty of a misdemeanor of the third degree. (C) Whoever violates division (B) of section 1533.03,
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35,
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 1533.721, division
(B)(2) or (3) of section 1533.731, or
division (A) of section 1533.97 of the Revised Code is guilty of
a misdemeanor of the first degree. (D) Whoever violates division (D) of section 1533.97 of
the Revised Code is guilty of a misdemeanor of the fourth degree.
The court shall require any person who is convicted of or pleads
guilty to the offense to refund to all participants in the
fishing tournament operated by the person any entry fees paid by
the participants. (E) Whoever violates division (C) or (D) of section 1533.632 of the Revised
Code is guilty of a felony of the fifth degree. (F) Whoever violates any section of this chapter for which
no penalty is otherwise provided is guilty of a misdemeanor of
the fourth degree. (G) A court that imposes sentence for a violation of any
section of this chapter governing the holding, taking, or
possession of wild animals shall require the person who is
convicted of or pleads guilty to the offense, in addition to any
fine, term of imprisonment, seizure, and forfeiture imposed, to
make restitution for the minimum value of the wild animal or
animals illegally held, taken, or possessed as established under
section 1531.201 of the Revised Code. An officer who collects
moneys paid as restitution under this section shall pay those
moneys to the treasurer of state who shall deposit them in the
state treasury to the credit of the wildlife fund established
under section 1531.17 of the Revised Code. SECTION 2 . That existing sections 1531.02, 1533.05, 1533.07, 1533.10,
1533.111, 1533.17, 1533.66, 1533.68,
and 1533.99 of the Revised Code are hereby repealed.
SECTION 3 . Division (B) of section 1533.17 and
division (E) of section 1533.66 of the Revised Code shall apply
only to a civil action for injury, death, or loss to person or
property that occurs on or after the effective date of this act
and arises during or incidental to a violation of division (A)
of section 1533.17 or division (A) of section 1533.66 of the
Revised Code, respectively.
SECTION 4 . Not later
than March 1, 2001, the Chief of the Division of Wildlife in the Department of
Natural Resources shall prepare and submit to the Governor and the General
Assembly a written report that includes all of the following information, by
fiscal year and administrative district of the Division of Wildlife, for
fiscal years 1999 and 2000:
(A) The number of landowners who registered their land in accordance with
section 1531.022 of the Revised Code to allow hunting on Sunday; (B) The total number of acres of land registered in accordance with section
1531.022 of the Revised Code; (C) The number of landowners who notified the Chief in accordance with
section
1531.022 of the Revised Code that they no longer wished to allow hunting on
Sunday on their land; (D) The total number of acres of land affected by the notifications described
in division (C) of this section; (E) The number of individuals who were convicted of or pleaded guilty to a
violation of division (A) of section 1533.17 of the Revised Code that occurred
on a day of the week other than Sunday; (F) The number of individuals who were convicted of or pleaded guilty to a
violation of division (A) of section 1533.17 of the Revised Code that occurred
on Sunday; (G) The number of individuals who were convicted of or pleaded guilty to a
violation of division (A) of section 1533.17 of the Revised Code that is
classified as a misdemeanor of the third degree; (H) The number of individuals who were convicted of or pleaded guilty to a
subsequent violation of division (A) of section 1533.17 of the Revised Code
that is classified as a misdemeanor of the second degree; (I) The numbers and types of firearms and other hunting implements seized
under division (A) of section 1533.99 of the Revised Code and the methods by
which they were disposed of; (J) Any additional information the Chief considers appropriate regarding
violations of Chapters 1531. and 1533. of the Revised Code and rules adopted
and orders issued under them. The Chief may incorporate the information required to be reported under this
section into another report published by the Division if the Chief considers
doing so to be appropriate and if the other report is published and submitted
to the Governor and the General Assembly not later than March 1, 2001.
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