EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0582*
SENATE BILL 582
M2, M1 2lr2657
By: Senator Bailey
Introduced and read first time: February 2, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 7, 2022
CHAPTER ______
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, with or 3
without charge, an individual to use the landowner’s real property for hunting, the 4
invited or permitted individual impliedly consents to adhere to every law, observe 5
every safety precaution and practice, observe all property boundaries, take every 6
precaution against fire, and assume all responsibility and liability for the 7
individual’s safety and property while hunting on the landowner’s real property; and 8
generally relating to hunting on private land. 9
BY repealing and reenacting, with amendments, 10
Article – Natural Resources 11
Section 5–1106 and 5–1109 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Natural Resources 17
5–1106. 18
(A) The provisions of this subtitle do not limit in any way any liability which 19
otherwise exists for [willful]: 20 2 SENATE BILL 582
(1) WILLFUL or malicious failure to guard or warn against a dangerous 1
condition, use, structure, or activity; or [for] 2
(2) EXCEPT AS PROVIDED IN § 5–1109 OF THIS SUBTITLE , injury 3
suffered where the owner of the land charges the person who enters or goes on the land for 4
recreational or educational use. [However, if] 5
(B) IF land is leased to the State or any of its political subdivisions, any 6
consideration the owner receives for the lease is not a charge within the meaning of this 7
section. 8
5–1109. 9
(a) (1) If a landowner agrees to the PUBLIC use of a defined part of the 10
landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for 11
hunting, any person who uses the part of the real property impliedly consents to adhere to 12
every law, to observe every safety precaution and practice, to take every precaution against 13
fire, and to assume all responsibility and liability for the person’s safety and property while 14
cross–country skiing, using an OHV, or hunting on the landowner’s real property. 15
(2) IF A LANDOWNER DIRECT LY INVITES OR PERMIT S, WITH OR 16
WITHOUT CHARGE , AN INDIVIDUAL TO USE THE LANDOWNER ’S REAL PROPERTY FOR 17
HUNTING, THE INVITED OR PERMI TTED INDIVIDUAL WHO USES THE REAL PROPER TY 18
FOR HUNTING IMPLIEDL Y CONSENTS TO ADHERE TO EVERY LA W, TO OBSERVE 19
EVERY SAFETY PRECAUT ION AND PRACTICE , TO OBSERVE ALL PROPERTY 20
BOUNDARIES , TO TAKE EVERY PRECAU TION AGAINST FIRE , AND TO ASSUME ALL 21
RESPONSIBILITY AND L IABILITY FOR THE IND IVIDUAL’S SAFETY AND PROPERT Y 22
WHILE HUNTING ON THE LANDOWNER ’S REAL PROPERTY. 23
(b) The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner 24
leases any defined part of the landowner’s real property for the use of cross–country skiing, 25
for the use of an OHV, or for hunting. 26
(c) The Department shall adopt regulations to allow cross–country skiing, OHV 27
use, or hunting BY THE PUBLIC on those defined parts of a landowner’s real property on 28
which cross–country skiing, OHV use, or hunting BY THE PUBLIC is allowed under this 29
section. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2022. 32