Bill Text: OH SB210 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To exempt an applicant for a hunting license who is an active, reserve, or honorably discharged member of the armed forces or an active duty or retired law enforcement officer from completing a hunter education and conservation course in order to obtain the license.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2011-09-01 - To Agriculture, Environment & Natural Resources [SB210 Detail]

Download: Ohio-2011-SB210-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 210

Senator Burke 

Cosponsors: Senators Bacon, Kearney, Seitz, Widener, Patton 

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A BILL

To amend section 1533.10 of the Revised Code to

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exempt an applicant for a hunting license who is

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an active, reserve, or honorably discharged member

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of the armed forces or an active duty or retired

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law enforcement officer from completing a hunter

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education and conservation course in order to

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obtain the license.

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

Section 1.  That section 1533.10 of the Revised Code be	8
amended as follows:	9

Sec. 1533.10.  Except as provided in this section or division	10
(A)(2) of section 1533.12 of the Revised Code, no person shall	11
hunt any wild bird or wild quadruped without a hunting license.	12
Each day that any person hunts within the state without procuring	13
such a license constitutes a separate offense. Except as otherwise	14
provided in this section, every applicant for a hunting license	15
who is a resident of the state and eighteen years of age or more	16
shall procure a resident hunting license or an apprentice resident	17
hunting license, the fee for which shall be eighteen dollars	18
unless the rules adopted under division (B) of section 1533.12 of	19
the Revised Code provide for issuance of a resident hunting	20
license to the applicant free of charge. Except as provided in	21
rules adopted under division (B)(2) of that section, each	22
applicant who is a resident of this state and who at the time of	23
application is sixty-six years of age or older shall procure a	24
special senior hunting license, the fee for which shall be	25
one-half of the regular hunting license fee. Every applicant who	26
is under the age of eighteen years shall procure a special youth	27
hunting license or an apprentice youth hunting license, the fee	28
for which shall be one-half of the regular hunting license fee.	29

A resident of this state who owns lands in the state and the	30
owner's children of any age and grandchildren under eighteen years	31
of age may hunt on the lands without a hunting license. If the	32
owner of land in this state is a limited liability company or a	33
limited liability partnership that consists of three or fewer	34
individual members or partners, as applicable, an individual	35
member or partner who is a resident of this state and the member's	36
or partner's children of any age and grandchildren under eighteen	37
years of age may hunt on the land owned by the limited liability	38
company or limited liability partnership without a hunting	39
license. In addition, if the owner of land in this state is a	40
trust that has a total of three or fewer trustees and	41
beneficiaries, an individual who is a trustee or beneficiary and	42
who is a resident of this state and the individual's children of	43
any age and grandchildren under eighteen years of age may hunt on	44
the land owned by the trust without a hunting license. The tenant	45
and children of the tenant, residing on lands in the state, may	46
hunt on them without a hunting license.	47

Except as otherwise provided in division (A)(1) of section	48
1533.12 of the Revised Code, every applicant for a hunting license	49
who is a nonresident of the state and who is eighteen years of age	50
or older shall procure a nonresident hunting license or an	51
apprentice nonresident hunting license, the fee for which shall be	52
one hundred twenty-four dollars unless the applicant is a resident	53
of a state that is a party to an agreement under section 1533.91	54
of the Revised Code, in which case the fee shall be eighteen	55
dollars. Apprentice resident hunting licenses, apprentice youth	56
hunting licenses, and apprentice nonresident hunting licenses are	57
subject to the requirements established under section 1533.102 of	58
the Revised Code and rules adopted pursuant to it.	59

The chief of the division of wildlife may issue a small game	60
hunting license expiring three days from the effective date of the	61
license to a nonresident of the state, the fee for which shall be	62
thirty-nine dollars. No person shall take or possess deer, wild	63
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	64
animal while possessing only a small game hunting license. A small	65
game hunting license or an apprentice nonresident hunting license	66
does not authorize the taking or possessing of ducks, geese, or	67
brant without having obtained, in addition to the small game	68
hunting license or the apprentice nonresident hunting license, a	69
wetlands habitat stamp as provided in section 1533.112 of the	70
Revised Code. A small game hunting license or an apprentice	71
nonresident hunting license does not authorize the taking or	72
possessing of deer, wild turkeys, or fur-bearing animals. A	73
nonresident of the state who wishes to take or possess deer, wild	74
turkeys, or fur-bearing animals in this state shall procure,	75
respectively, a deer or wild turkey permit as provided in section	76
1533.11 of the Revised Code or a fur taker permit as provided in	77
section 1533.111 of the Revised Code in addition to a nonresident	78
hunting license, an apprentice nonresident hunting license, a	79
special youth hunting license, or an apprentice youth hunting	80
license, as applicable, as provided in this section.	81

No person shall procure or attempt to procure a hunting	82
license by fraud, deceit, misrepresentation, or any false	83
statement.	84

This section does not authorize the taking and possessing of	85
deer or wild turkeys without first having obtained, in addition to	86
the hunting license required by this section, a deer or wild	87
turkey permit as provided in section 1533.11 of the Revised Code	88
or the taking and possessing of ducks, geese, or brant without	89
first having obtained, in addition to the hunting license required	90
by this section, a wetlands habitat stamp as provided in section	91
1533.112 of the Revised Code.	92

This section does not authorize the hunting or trapping of	93
fur-bearing animals without first having obtained, in addition to	94
a hunting license required by this section, a fur taker permit as	95
provided in section 1533.111 of the Revised Code.	96

No hunting license shall be issued unless it is accompanied	97
by a written explanation of the law in section 1533.17 of the	98
Revised Code and the penalty for its violation, including a	99
description of terms of imprisonment and fines that may be	100
imposed.	101

No hunting license, other than an apprentice hunting license,	102
shall be issued unless the applicant presents to the agent	103
authorized to issue the license a previously held hunting license	104
or evidence of having held such a license in content and manner	105
approved by the chief, a certificate of completion issued upon	106
completion of a hunter education and conservation course approved	107
by the chief, or evidence of equivalent training in content and	108
manner approved by the chief. A previously held apprentice hunting	109
license does not satisfy the requirement concerning the	110
presentation of a previously held hunting license or evidence of	111
it. In lieu of presenting a previously held hunting license, a	112
certificate of completion issued upon completion of a hunter	113
education and conservation course, or evidence of equivalent	114
training to an agent authorized to issue a hunting license, an	115
applicant may show the agent proof that the applicant is an	116
active, reserve, or honorably discharged member of the armed	117
forces or an active duty or retired law enforcement officer.	118

No person shall issue a hunting license, except an apprentice	119
hunting license, to any person who fails to present the evidence	120
or proof required by this section. No person shall purchase or	121
obtain a hunting license, other than an apprentice hunting	122
license, without presenting to the issuing agent the evidence or	123
proof required by this section. Issuance of a hunting license in	124
violation of the requirements of this section is an offense by	125
both the purchaser of the illegally obtained hunting license and	126
the clerk or agent who issued the hunting license. Any hunting	127
license issued in violation of this section is void.	128

The chief, with approval of the wildlife council, shall adopt	129
rules prescribing a hunter education and conservation course for	130
first-time hunting license buyers, other than buyers of apprentice	131
hunting licenses, and for volunteer instructors. The course shall	132
consist of subjects including, but not limited to, hunter safety	133
and health, use of hunting implements, hunting tradition and	134
ethics, the hunter and conservation, the law in section 1533.17 of	135
the Revised Code along with the penalty for its violation,	136
including a description of terms of imprisonment and fines that	137
may be imposed, and other law relating to hunting. Authorized	138
personnel of the division or volunteer instructors approved by the	139
chief shall conduct such courses with such frequency and at such	140
locations throughout the state as to reasonably meet the needs of	141
license applicants. The chief shall issue a certificate of	142
completion to each person who successfully completes the course	143
and passes an examination prescribed by the chief.	144

Section 2.  That existing section 1533.10 of the Revised Code	145
is hereby repealed.	146