Bill Text: OH HB18 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To establish nonresident college hunting and fishing licenses.

Spectrum: Moderate Partisan Bill (Republican 15-2)

Status: (Introduced - Dead) 2009-02-18 - To Agriculture & Natural Resources [HB18 Detail]

Download: Ohio-2009-HB18-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 18

Representative Huffman 

Cosponsors: Representatives Wachtmann, Goodwin, Balderson, Zehringer, Evans, Skindell, Stebelton, Burke, Mecklenborg, Boose, Sears, Jordan, Maag, Blair, Murray, Uecker 

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A BILL

To amend sections 1533.10 and 1533.32 of the Revised

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Code to establish nonresident college hunting and

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fishing licenses.

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

Section 1. That sections 1533.10 and 1533.32 of the Revised	4
Code be amended to read as follows:	5

Sec. 1533.10.  Except as provided in this section or division	6
(A)(2) of section 1533.12 of the Revised Code, no person shall	7
hunt any wild bird or wild quadruped without a hunting license.	8
Each day that any person hunts within the state without procuring	9
such a license constitutes a separate offense. Except as otherwise	10
provided in this section, every applicant for a hunting license	11
who is a resident of the state and eighteen years of age or more	12
shall procure a resident hunting license or an apprentice resident	13
hunting license, the fee for which shall be eighteen dollars	14
unless the rules adopted under division (B) of section 1533.12 of	15
the Revised Code provide for issuance of a resident hunting	16
license to the applicant free of charge. Except as provided in	17
rules adopted under division (B)(2) of that section, each	18
applicant who is a resident of this state and who at the time of	19
application is sixty-six years of age or older shall procure a	20
special senior hunting license, the fee for which shall be	21
one-half of the regular hunting license fee. Every applicant who	22
is under the age of eighteen years shall procure a special youth	23
hunting license or an apprentice youth hunting license, the fee	24
for which shall be one-half of the regular hunting license fee.	25
The owner of lands in the state and the owner's children of any	26
age and grandchildren under eighteen years of age may hunt on the	27
lands without a hunting license. The tenant and children of the	28
tenant, residing on lands in the state, may hunt on them without a	29
hunting license. Except as provided in this section regarding a	30
nonresident college hunting license or as otherwise provided in	31
division (A)(1) of section 1533.12 of the Revised Code, every	32
applicant for a hunting license who is a nonresident of the state	33
and who is eighteen years of age or older shall procure a	34
nonresident hunting license or an apprentice nonresident hunting	35
license, the fee for which shall be one hundred twenty-four	36
dollars unless the applicant is a resident of a state that is a	37
party to an agreement under section 1533.91 of the Revised Code,	38
in which case the fee shall be eighteen dollars. Apprentice	39
resident hunting licenses, apprentice youth hunting licenses, and	40
apprentice nonresident hunting licenses are subject to the	41
requirements established under section 1533.102 of the Revised	42
Code and rules adopted pursuant to it.	43

A nonresident of the state who is enrolled at the time of	44
application in an Ohio institution of higher education, as defined	45
in section 3333.38 of the Revised Code, may apply for a	46
nonresident college hunting license, the fee for which shall be	47
equal to the fee for a resident hunting license. The chief of the	48
division of wildlife shall adopt rules under section 1531.10 of	49
the Revised Code establishing procedures and requirements	50
regarding verification of enrollment status for the purposes of	51
issuing nonresident college hunting licenses.	52

The chief of the division of wildlife may issue a small game	53
hunting license expiring three days from the effective date of the	54
license to a nonresident of the state, the fee for which shall be	55
thirty-nine dollars. No person shall take or possess deer, wild	56
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	57
animal while possessing only a small game hunting license. A	58
small game hunting license or an apprentice nonresident hunting	59
license does not authorize the taking or possessing of ducks,	60
geese, or brant without having obtained, in addition to the small	61
game hunting license or the apprentice nonresident hunting	62
license, a wetlands habitat stamp as provided in section 1533.112	63
of the Revised Code. A small game hunting license or an	64
apprentice nonresident hunting license does not authorize the	65
taking or possessing of deer, wild turkeys, or fur-bearing	66
animals. A nonresident of the state who wishes to take or possess	67
deer, wild turkeys, or fur-bearing animals in this state shall	68
procure, respectively, a deer or wild turkey permit as provided in	69
section 1533.11 of the Revised Code or a fur taker permit as	70
provided in section 1533.111 of the Revised Code in addition to a	71
nonresident hunting license, an apprentice nonresident hunting	72
license, a special youth hunting license, or an apprentice youth	73
hunting license, or a nonresident college hunting license, as	74
applicable, as provided in this section.	75

No person shall procure or attempt to procure a hunting	76
license by fraud, deceit, misrepresentation, or any false	77
statement.	78

This section does not authorize the taking and possessing of	79
deer or wild turkeys without first having obtained, in addition to	80
the hunting license required by this section, a deer or wild	81
turkey permit as provided in section 1533.11 of the Revised Code	82
or the taking and possessing of ducks, geese, or brant without	83
first having obtained, in addition to the hunting license required	84
by this section, a wetlands habitat stamp as provided in section	85
1533.112 of the Revised Code.	86

This section does not authorize the hunting or trapping of	87
fur-bearing animals without first having obtained, in addition to	88
a hunting license required by this section, a fur taker permit as	89
provided in section 1533.111 of the Revised Code.	90

No hunting license shall be issued unless it is accompanied	91
by a written explanation of the law in section 1533.17 of the	92
Revised Code and the penalty for its violation, including a	93
description of terms of imprisonment and fines that may be	94
imposed.	95

No hunting license, other than an apprentice hunting license,	96
shall be issued unless the applicant presents to the agent	97
authorized to issue the license a previously held hunting license	98
or evidence of having held such a license in content and manner	99
approved by the chief, a certificate of completion issued upon	100
completion of a hunter education and conservation course approved	101
by the chief, or evidence of equivalent training in content and	102
manner approved by the chief. A previously held apprentice hunting	103
license does not satisfy the requirement concerning the	104
presentation of a previously held hunting license or evidence of	105
it.	106

No person shall issue a hunting license, except an apprentice	107
hunting license, to any person who fails to present the evidence	108
required by this section. No person shall purchase or obtain a	109
hunting license, other than an apprentice hunting license, without	110
presenting to the issuing agent the evidence required by this	111
section. Issuance of a hunting license in violation of the	112
requirements of this section is an offense by both the purchaser	113
of the illegally obtained hunting license and the clerk or agent	114
who issued the hunting license. Any hunting license issued in	115
violation of this section is void.	116

The chief, with approval of the wildlife council, shall adopt	117
rules prescribing a hunter education and conservation course for	118
first-time hunting license buyers, other than buyers of apprentice	119
hunting licenses, and for volunteer instructors. The course shall	120
consist of subjects including, but not limited to, hunter safety	121
and health, use of hunting implements, hunting tradition and	122
ethics, the hunter and conservation, the law in section 1533.17 of	123
the Revised Code along with the penalty for its violation,	124
including a description of terms of imprisonment and fines that	125
may be imposed, and other law relating to hunting. Authorized	126
personnel of the division or volunteer instructors approved by the	127
chief shall conduct such courses with such frequency and at such	128
locations throughout the state as to reasonably meet the needs of	129
license applicants. The chief shall issue a certificate of	130
completion to each person who successfully completes the course	131
and passes an examination prescribed by the chief.	132

Sec. 1533.32.  Except as provided in this section or division	133
(A)(2) or (C) of section 1533.12 of the Revised Code, no person,	134
including nonresidents, shall take or catch any fish by angling in	135
any of the waters in the state or engage in fishing in those	136
waters without a license. No person shall take or catch frogs or	137
turtles without a valid fishing license, except as provided in	138
this section. Persons fishing in privately owned ponds, lakes, or	139
reservoirs to or from which fish are not accustomed to migrate are	140
exempt from the license requirements set forth in this section.	141
Persons fishing in privately owned ponds, lakes, or reservoirs	142
that are open to public fishing through an agreement or lease with	143
the division of wildlife shall comply with the license	144
requirements set forth in this section.	145

TheExcept as provided in this section regarding nonresident	146
college fishing licenses, the fee for an annual license shall be	147
thirty-nine dollars for a resident of a state that is not a party	148
to an agreement under section 1533.91 of the Revised Code. The fee	149
for an annual license shall be eighteen dollars for a resident of	150
a state that is a party to such an agreement. The fee for an	151
annual license for residents of this state shall be eighteen	152
dollars unless the rules adopted under division (B) of section	153
1533.12 of the Revised Code provide for issuance of a resident	154
fishing license to the applicant free of charge. Except as	155
provided in rules adopted under division (B)(2) of that section,	156
each applicant who is a resident of this state and who at the time	157
of application is sixty-six years of age or older shall procure a	158
special senior fishing license, the fee for which shall be	159
one-half of the annual resident fishing license fee.	160

A nonresident of the state who is enrolled at the time of	161
application in an Ohio institution of higher education, as defined	162
in section 3333.38 of the Revised Code, may apply for a	163
nonresident college fishing license, the fee for which shall be	164
equal to the fee for a resident fishing license. The chief of the	165
division of wildlife shall adopt rules under section 1531.10 of	166
the Revised Code establishing procedures and requirements	167
regarding verification of enrollment status for the purposes of	168
issuing nonresident college fishing licenses.	169

Any person under the age of sixteen years may take or catch	170
frogs and turtles and take or catch fish by angling without a	171
license.	172

The chief of the division of wildlife may issue a tourist's	173
license expiring three days from the effective date of the license	174
to a resident of a state that is not a party to an agreement under	175
section 1533.91 of the Revised Code. The fee for a tourist's	176
license shall be eighteen dollars.	177

The chief shall adopt rules under section 1531.10 of the	178
Revised Code providing for the issuance of a one-day fishing	179
license to a resident of this state or of any other state. The fee	180
for such a license shall be fifty-five per cent of the amount	181
established under this section for a tourist's license, rounded up	182
to the nearest whole dollar. A one-day fishing license shall allow	183
the holder to take or catch fish by angling in the waters in the	184
state, engage in fishing in those waters, or take or catch frogs	185
or turtles in those waters for one day without obtaining an annual	186
license or a tourist's license under this section. At the request	187
of a holder of a one-day fishing license who wishes to obtain an	188
annual license, a clerk or agent authorized to issue licenses	189
under section 1533.13 of the Revised Code, not later than the last	190
day on which the one-day license would be valid if it were an	191
annual license, shall credit the amount of the fee paid for the	192
one-day license toward the fee charged for the annual license if	193
so authorized by the chief. The clerk or agent shall issue the	194
annual license upon presentation of the one-day license and	195
payment of a fee in an amount equal to the difference between the	196
fee for the annual license and the fee for the one-day license.	197

Unless otherwise provided by division rule, each annual	198
license shall begin on the first day of March of the current year	199
and expire on the last day of February of the following year.	200

No person shall alter a fishing license or possess a fishing	201
license that has been altered.	202

No person shall procure or attempt to procure a fishing	203
license by fraud, deceit, misrepresentation, or any false	204
statement.	205

Owners of land over, through, upon, or along which any water	206
flows or stands, except where the land is in or borders on state	207
parks or state-owned lakes, together with the members of the	208
immediate families of such owners, may take frogs and turtles and	209
may take or catch fish of the kind permitted to be taken or caught	210
therefrom without procuring a license provided for in this	211
section. This exemption extends to tenants actually residing upon	212
such lands and to the members of the immediate families of the	213
tenants. Residents of state or county institutions, charitable	214
institutions, and military homes in this state may take frogs and	215
turtles without procuring the required license, provided that a	216
member of the institution or home has an identification card,	217
which shall be carried on that person when fishing.	218

Every fisher required to be licensed, while fishing or taking	219
or attempting to take frogs or turtles, shall carry the license	220
and exhibit it to any person. Failure to so carry and exhibit the	221
license constitutes an offense under this section.	222

Section 2. That existing sections 1533.10 and 1533.32 of the	223
Revised Code are hereby repealed.	224