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S. B. No. 40 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Brown, Cafaro, Beagle, Obhof, Tavares
A BILL
To amend sections 1533.10, 1533.11, 1533.111,
1533.12, and 1533.32 of the Revised Code to
provide for the issuance of free fishing and
hunting licenses, fur taker, deer, and wild turkey
permits, and wetlands habitat stamps to Ohio
residents who are at least sixty-five years old.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1533.10, 1533.11, 1533.111, 1533.12,
and 1533.32 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 or section 1533.73 or 1533.731 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.
A resident of this state who owns 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. A resident
of any other state who owns real property in this state, and the
spouse and children living with the property owner, may hunt on
that property without a license, provided that the state of
residence of the real property owner allows residents of this
state owning real property in that state, and the spouse and
children living with the property owner, to hunt without a
license. If the owner of land in this state is a limited liability
company or a limited liability partnership that consists of three
or fewer individual members or partners, as applicable, an
individual member or partner who is a resident of this state and
the member's or partner's children of any age and grandchildren
under eighteen years of age may hunt on the land owned by the
limited liability company or limited liability partnership without
a hunting license. In addition, if the owner of land in this state
is a trust that has a total of three or fewer trustees and
beneficiaries, an individual who is a trustee or beneficiary and
who is a resident of this state and the individual's children of
any age and grandchildren under eighteen years of age may hunt on
the land owned by the trust 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.
Sec. 1533.11. (A) Except as provided in this section or
section 1533.731 of the Revised Code, no person shall hunt deer on
lands of another without first obtaining an annual deer permit.
Except as provided in this section, no person shall hunt wild
turkeys on lands of another without first obtaining an annual wild
turkey permit. Each applicant for a deer or wild turkey permit
shall pay an annual fee of twenty-three dollars for each permit
unless the rules adopted under division (B) of section 1533.12 of
the Revised Code provide for issuance of a deer or wild turkey
permit 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
senior deer or wild turkey permit, the fee for which shall be
one-half of the regular deer or wild turkey permit fee. Each
applicant who is under the age of eighteen years shall procure a
youth deer or wild turkey permit, the fee for which shall be
one-half of the regular deer or wild turkey permit fee. Except as
provided in division (A)(2) of section 1533.12 of the Revised
Code, a deer or wild turkey permit shall run concurrently with the
hunting license. The money received shall be paid into the state
treasury to the credit of the wildlife fund, created in section
1531.17 of the Revised Code, exclusively for the use of the
division of wildlife in the acquisition and development of land
for deer or wild turkey management, for investigating deer or wild
turkey problems, and for the stocking, management, and protection
of deer or wild turkey. Every person, while hunting deer or wild
turkey on lands of another, shall carry the person's deer or wild
turkey permit and exhibit it to any enforcement officer so
requesting. Failure to so carry and exhibit such a permit
constitutes an offense under this section. The chief of the
division of wildlife shall adopt any additional rules the chief
considers necessary to carry out this section and section 1533.10
of the Revised Code.
An owner who is a resident of this state or an owner who is
exempt from obtaining a hunting license under section 1533.10 of
the Revised Code and the children of the owner of lands in this
state may hunt deer or wild turkey thereon without a deer or wild
turkey permit. If the owner of land in this state is a limited
liability company or a limited liability partnership that consists
of three or fewer individual members or partners, as applicable,
an individual member or partner who is a resident of this state
and the member's or partner's children of any age may hunt deer or
wild turkey on the land owned by the limited liability company or
limited liability partnership without a deer or wild turkey
permit. In addition, if the owner of land in this state is a trust
that has a total of three or fewer trustees and beneficiaries, an
individual who is a trustee or beneficiary and who is a resident
of this state and the individual's children of any age may hunt
deer or wild turkey on the land owned by the trust without a deer
or wild turkey permit. The tenant and children of the tenant may
hunt deer or wild turkey on lands where they reside without a deer
or wild turkey permit.
(B) A deer or wild turkey permit is not transferable. No
person shall carry a deer or wild turkey permit issued in the name
of another person.
(C) The wildlife refunds fund is hereby created in the state
treasury. The fund shall consist of money received from
application fees for deer permits that are not issued. Money in
the fund shall be used to make refunds of such application fees.
(D) If the division establishes a system for the electronic
submission of information regarding deer or wild turkey that are
taken, the division shall allow the owner and the children of the
owner of lands in this state to use the owner's name or address
for purposes of submitting that information electronically via
that system.
Sec. 1533.111. Except as provided in this section or
division (A)(2) of section 1533.12 of the Revised Code, no person
shall hunt or trap fur-bearing animals on land of another without
first obtaining some type of an annual fur taker permit. Each
applicant for a fur taker permit or an apprentice fur taker permit
shall pay an annual fee of fourteen dollars 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. 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 fur taker permit, the fee for
which shall be one-half of the regular fur taker permit fee. Each
applicant under the age of eighteen years shall procure a special
youth fur taker permit or an apprentice youth fur taker permit,
the fee for which shall be one-half of the regular fur taker
permit fee. Each type of fur taker permit shall run concurrently
with the hunting license. The money received shall be paid into
the state treasury to the credit of the fund established in
section 1533.15 of the Revised Code. Apprentice fur taker permits
and apprentice youth fur taker permits are subject to the
requirements established under section 1533.102 of the Revised
Code and rules adopted pursuant to it.
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, other than an apprentice fur taker
permit or an apprentice youth 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. A
previously held apprentice hunting license, apprentice fur taker
permit, or apprentice youth fur taker permit does not satisfy the
requirement concerning the presentation of a previously held
hunting license or fur taker permit or evidence of such a license
or permit.
No person shall issue a fur taker permit, other than an
apprentice fur taker permit or an apprentice youth 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, other than an apprentice fur taker permit or an apprentice
youth 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, other than buyers of apprentice fur taker
permits or apprentice youth fur taker permits, 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 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
with the person's signature written on 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.
An owner who is a resident of this state or an owner who is
exempt from obtaining a hunting license under section 1533.10 of
the Revised Code and the children of the owner of lands in this
state may hunt or trap fur-bearing animals thereon without a fur
taker permit. If the owner of land in this state is a limited
liability company or a limited liability partnership that consists
of three or fewer individual members or partners, as applicable,
an individual member or partner who is a resident of this state
and the member's or partner's children of any age may hunt or trap
fur-bearing animals on the land owned by the limited liability
company or limited liability partnership without a fur taker
permit. In addition, if the owner of land in this state is a trust
that has a total of three or fewer trustees and beneficiaries, an
individual who is a trustee or beneficiary and who is a resident
of this state and the individual's children of any age may hunt or
trap fur-bearing animals on the land owned by the trust without a
fur taker permit. The tenant and children of the tenant 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. 1533.12. (A)(1) Except as otherwise provided in
division (A)(2) of this section, every person on active duty in
the armed forces of the United States who is stationed in this
state and who wishes to engage in an activity for which a license,
permit, or stamp is required under this chapter first shall obtain
the requisite license, permit, or stamp. Such a person is eligible
to obtain a resident hunting or fishing license regardless of
whether the person qualifies as a resident of this state. To
obtain a resident hunting or fishing license, the person shall
present a card or other evidence identifying the person as being
on active duty in the armed forces of the United States and as
being stationed in this state.
(2) Every person on active duty in the armed forces of the
United States, while on leave or furlough, may take or catch fish
of the kind lawfully permitted to be taken or caught within the
state, may hunt any wild bird or wild quadruped lawfully permitted
to be hunted within the state, and may trap fur-bearing animals
lawfully permitted to be trapped within the state, without
procuring a fishing license, a hunting license, a fur taker
permit, or a wetlands habitat stamp required by this chapter,
provided that the person shall carry on the person when fishing,
hunting, or trapping, a card or other evidence identifying the
person as being on active duty in the armed forces of the United
States, and provided that the person is not otherwise violating
any of the hunting, fishing, and trapping laws of this state.
In order to hunt deer or wild turkey, any such person shall
obtain a deer or wild turkey permit, as applicable, under section
1533.11 of the Revised Code. However, the person need not obtain a
hunting license in order to obtain such a permit.
(B) The chief of the division of wildlife shall provide by
rule adopted under section 1531.10 of the Revised Code all of the
following:
(1) Every resident of this state with a disability that has
been determined by the veterans administration to be permanently
and totally disabling, who receives a pension or compensation from
the veterans administration, and who received an honorable
discharge from the armed forces of the United States, and every
veteran to whom the registrar of motor vehicles has issued a set
of license plates under section 4503.41 of the Revised Code, shall
be issued a fishing license, hunting license, fur taker permit,
deer or wild turkey permit, or wetlands habitat stamp, or any
combination of those licenses, permits, and stamp, free of charge
on an annual, multi-year, or lifetime basis as determined
appropriate by the chief when application is made to the chief in
the manner prescribed by and on forms provided by the chief.
(2) Every resident of the state who was born on or before
December 31, 1937, is sixty-five years of age or older shall be
issued an annual fishing license, hunting license, fur taker
permit, deer or wild turkey permit, or wetlands habitat stamp, or
any combination of those licenses, permits, and stamp, free of
charge when application is made to the chief in the manner
prescribed by and on forms provided by the chief.
(3) Every resident of state or county institutions,
charitable institutions, and military homes in this state shall be
issued an annual fishing license free of charge when application
is made to the chief in the manner prescribed by and on forms
provided by the chief.
(4) Any mobility impaired or blind person, as defined in
section 955.011 of the Revised Code, who is a resident of this
state and who is unable to engage in fishing without the
assistance of another person shall be issued an annual fishing
license free of charge when application is made to the chief in
the manner prescribed by and on forms provided by the chief. The
person who is assisting the mobility impaired or blind person may
assist in taking or catching fish of the kind permitted to be
taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line
is used by both persons.
(5) As used in division (B)(5) of this section, "prisoner of
war" means any regularly appointed, enrolled, enlisted, or
inducted member of the military forces of the United States who
was captured, separated, and incarcerated by an enemy of the
United States.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state shall be issued a fishing license, hunting license, fur
taker permit, or wetlands habitat stamp, or any combination of
those licenses, permits, and stamp, free of charge on an annual,
multi-year, or lifetime basis as determined appropriate by the
chief when application is made to the chief in the manner
prescribed by and on forms provided by the chief.
(C) The chief shall adopt rules pursuant to section 1531.08
of the Revised Code designating not more than two days, which need
not be consecutive, in each year as "free sport fishing days" on
which any resident may exercise the privileges accorded the holder
of a fishing license issued under section 1533.32 of the Revised
Code without procuring such a license, provided that the person is
not otherwise violating any of the fishing laws of this state.
Sec. 1533.32. Except as provided in this section or division
(A)(2) or (C) of section 1533.12 of the Revised Code, no person,
including nonresidents, shall take or catch any fish by angling in
any of the waters in the state or engage in fishing in those
waters without a license. No person shall take or catch frogs or
turtles without a valid fishing license, except as provided in
this section. Persons fishing in privately owned ponds, lakes, or
reservoirs to or from which fish are not accustomed to migrate are
exempt from the license requirements set forth in this section.
Persons fishing in privately owned ponds, lakes, or reservoirs
that are open to public fishing through an agreement or lease with
the division of wildlife shall comply with the license
requirements set forth in this section.
The fee for an annual license shall be thirty-nine dollars
for a resident of a state that is not a party to an agreement
under section 1533.91 of the Revised Code. The fee for an annual
license shall be eighteen dollars for a resident of a state that
is a party to such an agreement. The fee for an annual license for
residents of this state 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 fishing 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
fishing license, the fee for which shall be one-half of the annual
resident fishing license fee.
Any person under the age of sixteen years may take or catch
frogs and turtles and take or catch fish by angling without a
license.
The chief of the division of wildlife may issue a tourist's
license expiring three days from the effective date of the license
to a resident of a state that is not a party to an agreement under
section 1533.91 of the Revised Code. The fee for a tourist's
license shall be eighteen dollars.
The chief shall adopt rules under section 1531.10 of the
Revised Code providing for the issuance of a one-day fishing
license to a resident of this state or of any other state. The fee
for such a license shall be fifty-five per cent of the amount
established under this section for a tourist's license, rounded up
to the nearest whole dollar. A one-day fishing license shall allow
the holder to take or catch fish by angling in the waters in the
state, engage in fishing in those waters, or take or catch frogs
or turtles in those waters for one day without obtaining an annual
license or a tourist's license under this section. At the request
of a holder of a one-day fishing license who wishes to obtain an
annual license, a clerk or agent authorized to issue licenses
under section 1533.13 of the Revised Code, not later than the last
day on which the one-day license would be valid if it were an
annual license, shall credit the amount of the fee paid for the
one-day license toward the fee charged for the annual license if
so authorized by the chief. The clerk or agent shall issue the
annual license upon presentation of the one-day license and
payment of a fee in an amount equal to the difference between the
fee for the annual license and the fee for the one-day license.
Unless otherwise provided by division rule, each annual
license shall begin on the first day of March of the current year
and expire on the last day of February of the following year.
No person shall alter a fishing license or possess a fishing
license that has been altered.
No person shall procure or attempt to procure a fishing
license by fraud, deceit, misrepresentation, or any false
statement.
A resident of this state who owns land over, through, upon,
or along which any water flows or stands, except where the land is
in or borders on state parks or state-owned lakes, together with
the members of the immediate families of such owners, may take
frogs and turtles and may take or catch fish of the kind permitted
to be taken or caught therefrom without procuring a license
provided for in this section. This exemption extends to tenants
actually residing upon such lands and to the members of the
immediate families of the tenants. A resident of any other state
who owns land in this state over, through, upon, or along which
any water flows or stands, except where the land is in or borders
on state parks or state-owned lakes, and the spouse and children
living with the owner, may take frogs and turtles and may take or
catch fish of the kind permitted to be taken or caught from that
water without obtaining a license under this section, provided
that the state of residence of the owner allows residents of this
state owning real property in that state, and the spouse and
children living with such a property owner, to take frogs and
turtles and take or catch fish without a license. If the owner of
such land in this state is a limited liability company or a
limited liability partnership that consists of three or fewer
individual members or partners, as applicable, an individual
member or partner who is a resident of this state and the member's
or partner's children of any age may take frogs and turtles and
may take or catch fish of the kind permitted to be taken or caught
therefrom without procuring a license provided for in this
section. In addition, if the owner of such land in this state is a
trust that has a total of three or fewer trustees and
beneficiaries, an individual who is a trustee or beneficiary and
who is a resident of this state and the individual's children of
any age may take frogs and turtles and may take or catch fish of
the kind permitted to be taken or caught therefrom without
procuring a license provided for in this section. Residents of
state or county institutions, charitable institutions, and
military homes in this state may take frogs and turtles without
procuring the required license, provided that a member of the
institution or home has an identification card, which shall be
carried on that person when fishing.
Every fisher required to be licensed, while fishing or taking
or attempting to take frogs or turtles, shall carry the license
and exhibit it to any person. Failure to so carry and exhibit the
license constitutes an offense under this section.
Section 2. That existing sections 1533.10, 1533.11, 1533.111,
1533.12, and 1533.32 of the Revised Code are hereby repealed.
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