Read the full stored bill text
(136th General Assembly)
(House Bill
Number 64)
AN ACT
To amend sections 1533.10, 1533.11,
1533.111, 1533.32, and 1533.321 of the Revised Code to allow Ohio
residents who are 65 and up, instead of 66 and up, to qualify for
discounted hunting and fishing licenses and permits.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 1533.10, 1533.11, 1533.111, 1533.32, and 1533.321 of the
Revised Code be amended to read as follows:
Sec.
1533.10.
(A)
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.
(B)(1)
Except as otherwise provided in this section, division (A) of section
1533.12 of the Revised Code, or in rules adopted under division (B)
of that section, each applicant for a hunting license shall pay an
annual fee for each annual license in accordance with the following
schedule:
1
2
A
Hunting
license - resident
$18.00
B
Hunting
license - nonresident that is not a resident of a reciprocal
state, ages 18 and older
$174.00
C
Hunting
license - nonresident that is a resident of a reciprocal state,
ages 18 and older
$18.00
D
Apprentice
hunting license - resident
$18.00
E
Apprentice
hunting license - nonresident that is not a resident of a
reciprocal state
$174.00
F
Apprentice
hunting license - nonresident that is a resident of a reciprocal
state
$18.00
G
Youth
hunting license - resident and nonresident
$9.00
H
Apprentice
youth hunting license - resident
$9.00
I
Senior
hunting license - resident
$9.00
J
Apprentice
senior hunting license - resident
$9.00
(2)
Apprentice resident hunting licenses, apprentice youth hunting
licenses, apprentice senior hunting licenses, and apprentice
nonresident hunting licenses are subject to the requirements
established under section 1533.102 of the Revised Code and rules
adopted under it.
(3)
As used in division (B)(1) of this section:
(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a license.
(b)
"Senior" means an applicant who is
sixty-six
sixty-five
years
of age or older at the time of application for a license.
(c)
"Reciprocal state" means a state that is a party to an
agreement under section 1533.91 of the Revised Code.
(C)
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.
(D)
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 is 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.
(E)
No person shall procure or attempt to procure a hunting license by
fraud, deceit, misrepresentation, or any false statement.
(F)(1)
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.
(2)
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.
(G)(1)
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.
(2)
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.
(3)
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.
(H)
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)(1)
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. A deer or wild turkey permit
is valid during the hunting license year in which the permit is
purchased. Except as provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a deer or
wild turkey permit shall pay an annual fee for each permit in
accordance with the following schedule:
1
2
A
Deer
permit – resident
$30.00
B
Deer
permit – nonresident
$74.00
C
Youth
deer permit – resident and nonresident
$15.00
D
Senior
deer permit – resident
$11.00
E
Wild
turkey permit – resident
$30.00
F
Wild
turkey permit – nonresident
$37.00
G
Youth
wild turkey permit – resident and nonresident
$15.00
H
Senior
wild turkey permit – resident
$11.00
(2)
As used in division (A)(1) of this section:
(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a permit.
(b)
"Senior" means an applicant who is
sixty-six
sixty-five
years
of age or older at the time of application for a permit.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(A)
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.
(B)(1)
Except as otherwise provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a fur taker
permit or an apprentice fur taker permit shall pay an annual fee for
each annual permit in accordance with the following schedule:
1
2
A
Fur
taker permit
$14.00
B
Apprentice
fur taker permit
$14.00
C
Senior
fur taker permit – resident only
$7.00
D
Apprentice
senior fur taker permit – resident only
$7.00
E
Special
youth fur taker permit
$7.00
F
Apprentice
youth fur taker permit
$7.00
(2)
As used in division (B)(1) of this section:
(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a permit.
(b)
"Senior" means an applicant who is
sixty-six
sixty-five
years
of age or older at the time of application for a permit.
(C)
Each type of fur taker permit is valid during the hunting license
year in which the permit is purchased. 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.
(D)(1)
No person shall issue a fur taker permit to an applicant 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.
(2)
No person shall issue a fur taker permit, other than an apprentice
fur taker permit or an apprentice youth fur taker permit, to an
applicant 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.
(3)
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.
(E)
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.
(F)
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.
(G)
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.
(H)
A fur taker permit is not transferable. No person shall carry a fur
taker permit issued in the name of another person.
(I)
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.
1533.32.
(A)
Except as provided in this section or division (A)(2) or (C) of
section 1533.12 of the Revised Code or as exempted at the discretion
of the chief of the division of wildlife, 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.
(B)(1)
Except as otherwise provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a fishing
license shall pay a fee for each license in accordance with the
following schedule:
1
2
A
Annual
fishing license – resident
$24.00
B
Annual
fishing license – nonresident that is not a resident of a
reciprocal state
$49.00
C
Annual
fishing license – nonresident that is a resident of a reciprocal
state
$24.00
D
Annual
senior fishing license – resident
$9.00
E
Three-day
tourist fishing license – nonresident that is not a resident of
a reciprocal state
$24.00
F
One-day
fishing license
$13.00
(2)
As used in division (B)(1) of this section:
(a)
"Reciprocal state" means a state that is a party to an
agreement under section 1533.91 of the Revised Code.
(b)
"Senior" means an applicant who is
sixty-six
sixty-five
years
of age or older at the time of application for a license.
(3)
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.
(C)(1)
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.
(2)
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. 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.
(3)
Unless otherwise provided by division rule, each annual license shall
begin on the date of issuance and expire a year from the date of
issuance.
(4)
Unless otherwise provided by division rule, each multi-year license
issued in accordance with section 1533.321 of the Revised Code shall
begin on the date of issuance and expire three years, five years, or
ten years from the date of issuance, as applicable.
(5)
No person shall alter a fishing license or possess a fishing license
that has been altered.
(6)
No person shall procure or attempt to procure a fishing license by
fraud, deceit, misrepresentation, or any false statement.
(7)
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.
(8)
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.
Sec.
1533.321.
(A)
The chief of the division of wildlife may issue any of the following:
(1)
Multi-year hunting or fishing licenses for three-, five-, or ten-year
terms to a resident of this state;
(2)
Lifetime hunting or fishing licenses to a resident of this state;
(3)
A package consisting of any combination of license, stamp, or permit
that the chief is authorized to issue under this chapter.
(B)
The chief may adopt rules in accordance with section 1531.10 of the
Revised Code governing multi-year hunting and fishing licenses,
lifetime hunting and fishing licenses, and combination packages,
including rules establishing fees for the combination packages. The
chief shall ensure that the price for a combination package is not
discounted by more than five per cent of the total fees for the
licenses, permits, or stamps that a person would otherwise pay for
those licenses, permits, or stamps if the person purchased them
individually.
(C)(1)
The multi-year and lifetime license fund is hereby created in the
state treasury. The fund shall consist of money received from
application fees for multi-year and lifetime hunting and fishing
licenses.
(2)
Each fiscal year, a prorated amount of the money from each multi-year
and lifetime license fee shall be transferred from the multi-year and
lifetime license fund to the fund into which the applicable single
year license fee would otherwise be deposited. The prorated amount
shall equal the total amount of the fee charged for the license
divided by the number of years the license is valid. The chief shall
adopt rules in accordance with section 1531.10 of the Revised Code
for the administration of this division, including establishing a
system that prorates lifetime license fees for deposit each year into
the wildlife fund created in section 1531.17 of the Revised Code.
(3)
Each fiscal year, all previous year's investment earnings from the
multi-year and lifetime license fund shall be transferred into the
wildlife fund created in section 1531.17 of the Revised Code.
(D)(1)
Each applicant for a multi-year or lifetime fishing license who is a
resident of this state shall pay a fee for each license in accordance
with the following schedule:
1
2
A
Senior
3-year fishing license
$26.00
B
Senior
5-year fishing license
$43.34
C
Senior
lifetime fishing license
$81.00
D
3-year
fishing license
$69.34
E
5-year
fishing license
$115.56
F
10-year
fishing license
$231.12
G
Lifetime
fishing license
$576.00
H
Youth
lifetime fishing license
$414.00
(2)
As used in division (D)(1) of this section:
(a)
"Youth" means an applicant who is under the age of sixteen
years at the time of application for a license.
(b)
"Senior" means an applicant who is
sixty-six
sixty-five
years
of age or older at the time of application for a license.
(E)(1)
Each applicant for a multi-year or lifetime hunting license who is a
resident of this state shall pay a fee for each license in accordance
with the following schedule:
1
2
A
Senior
3-year hunting license
$26.00
B
Senior
5-year hunting license
$43.34
C
Senior
lifetime hunting license
$81.00
D
Youth
3-year hunting license
$26.00
E
Youth
5-year hunting license
$43.34
F
Youth
10-year hunting license
$86.67
G
Youth
lifetime hunting license
$414.00
H
3-year
hunting license
$52.00
I
5-year
hunting license
$86.75
J
10-year
hunting license
$173.34
K
Lifetime
hunting license
$432.00
(2)
As used in division (E)(1) of this section:
(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a license.
(b)
"Senior" means an applicant who is
sixty-six
sixty-five
years
of age or older at the time of application for a license.
(F)
If a person who is issued a multi-year hunting or fishing license or
lifetime hunting or fishing license in accordance with division (A)
of this section subsequently becomes a nonresident after issuance of
the license, the person's license remains valid in this state during
its term, regardless of residency status.
Section
2.
That
existing sections 1533.10, 1533.11, 1533.111, 1533.32, and 1533.321
of the Revised Code are hereby repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________