EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0582*
SENATE BILL 582
M2, M1 2lr2657
CF 2lr2660
By: Senator Bailey
Introduced and read first time: February 2, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Recreation on Private Land – Hunting 2
FOR the purpose of providing that if a landowner directly invites or permits without charge 3
an individual to use the landowner’s real property for hunting, the invited or 4
permitted individual impliedly consents to adhere to every law, observe every safety 5
precaution and practice, take every precaution against fire, and assume all 6
responsibility and liability for the individual’s safety and property while hunting on 7
the landowner’s real property; and generally relating to hunting on private land. 8
BY repealing and reenacting, with amendments, 9
Article – Natural Resources 10
Section 5–1109 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Natural Resources 16
5–1109. 17
(a) (1) If a landowner agrees to the PUBLIC use of a defined part of the 18
landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for 19
hunting, any person who uses the part of the real property impliedly consents to adhere to 20
every law, to observe every safety precaution and practice, to take every precaution against 21
fire, and to assume all responsibility and liability for the person’s safety and property while 22
cross–country skiing, using an OHV, or hunting on the landowner’s real property. 23
2 SENATE BILL 582
(2) IF A LANDOWNER DIRECT LY INVITES OR PERMITS WITHOUT 1
CHARGE AN INDIVIDUAL TO USE THE LANDOWNER ’S REAL PROPERTY FOR HU NTING, 2
THE INVITED OR PERMITTED INDIVIDUAL WHO USES THE REAL PROPERTY FO R 3
HUNTING IMPLIEDLY CO NSENTS TO ADHERE TO EVERY LAW, TO OBSERVE EVERY 4
SAFETY PRECAUTION AN D PRACTICE, TO TAKE EVERY PRECAU TION AGAINST FIRE , 5
AND TO ASSUME ALL RE SPONSIBILITY AND LIA BILITY FOR THE INDIV IDUAL’S 6
SAFETY AND PROPERTY WHILE HUNTING ON THE LANDOWNER ’S REAL PROPERTY . 7
(b) The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner 8
leases any defined part of the landowner’s real property for the use of cross–country skiing, 9
for the use of an OHV, or for hunting. 10
(c) The Department shall adopt regulations to allow cross–country skiing, OHV 11
use, or hunting BY THE PUBLIC on those defined parts of a landowner’s real property on 12
which cross–country skiing, OHV use, or hunting BY THE PUBLIC is allowed under this 13
section. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2022. 16