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H. B. No. 466 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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
authorize a member of a limited liability company
that owns land in this state to hunt on the land
without a hunting license under specified
conditions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1533.10 of the Revised Code be
amended to read as follows:
Sec. 1533.10. Except as provided in this section or division
(A)(2) 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. Except as otherwise
provided in this section, every applicant for a hunting license
who is a resident of the state and eighteen years of age or more
shall procure a resident hunting license or an apprentice resident
hunting license, the fee for which shall be eighteen 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. Except as provided in
rules adopted under division (B)(2) of that section, each
applicant who is a resident of this state and who at the time of
application is sixty-six years of age or older shall procure a
special senior hunting license, the fee for which shall be
one-half of the regular hunting license fee. Every applicant who
is under the age of eighteen years shall procure a special youth
hunting license or an apprentice 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 any
age and grandchildren under eighteen years of age may hunt on the
lands without a hunting license. In addition, if the owner of land
in the state is a limited liability company that consists of five
or fewer members, a member of the limited liability company who is
a resident of this state may hunt on the land owned by the limited
liability company without a hunting license. The tenant and
children of the tenant, residing on lands in the state, may hunt
on them without a hunting license. Except as otherwise provided in
division (A)(1) of section 1533.12 of the Revised Code, every
applicant for a hunting license who is a nonresident of the state
and who is eighteen years of age or older shall procure a
nonresident hunting license or an apprentice nonresident hunting
license, the fee for which shall be one hundred twenty-four
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 eighteen dollars. Apprentice
resident hunting licenses, apprentice youth hunting licenses, and
apprentice nonresident hunting licenses are subject to the
requirements established under section 1533.102 of the Revised
Code and rules adopted pursuant to it.
The chief of the division of wildlife may issue a 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
thirty-nine dollars. No person shall take or possess deer, wild
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame
animal while possessing only a small game hunting license. A small
game hunting license or an apprentice nonresident hunting license
does not authorize the taking or possessing of ducks, geese, or
brant without having obtained, in addition to the small game
hunting license or the apprentice nonresident hunting license, a
wetlands habitat stamp as provided in section 1533.112 of the
Revised Code. A small game hunting license or an apprentice
nonresident hunting license does not authorize the taking or
possessing of deer, wild turkeys, or fur-bearing animals. A
nonresident of the state who wishes to take or possess deer, wild
turkeys, or fur-bearing animals in this state shall procure,
respectively, a deer or wild turkey permit as provided in section
1533.11 of the Revised Code or a fur taker permit as provided in
section 1533.111 of the Revised Code in addition to a nonresident
hunting license, an apprentice nonresident hunting license, a
special youth hunting license, or an apprentice youth hunting
license, as applicable, as provided in this section.
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 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, other than an apprentice 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. A previously held apprentice hunting
license does not satisfy the requirement concerning the
presentation of a previously held hunting license or evidence of
it.
No person shall issue a hunting license, except an apprentice
hunting license, to any person who fails to present the evidence
required by this section. No person shall purchase or obtain a
hunting license, other than an apprentice 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, other than buyers of apprentice
hunting licenses, 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 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.
Section 2. That existing section 1533.10 of the Revised Code
is hereby repealed.
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