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.
Italics indicate opposite chamber/conference committee amendments.
*sb0582*
SENATE BILL 582
M2, M1 (2lr2657)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Environment and Transportation —
Introduced by Senator Bailey
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 on a limited 3
entry basis, with or without charge, an individual to use the landowner’s real 4
property for hunting, the invited or permitted individual impliedly consents to 5
adhere to every law, observe every safety precaution and practice, observe all 6
property boundaries, take every precaution against fire, and assume all 7
responsibility and liability for the individual’s safety and property while hunting on 8
the landowner’s real property; altering the stated purpose of the Maryland 9
Recreational Use Statute; and generally relating to hunting on private land. 10
BY repealing and reenacting, with amendments, 11
Article – Natural Resources 12
Section 5–1106 5–1102(a), 5–1106, and 5–1109 13
Annotated Code of Maryland 14 2 SENATE BILL 582
(2018 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MAR YLAND, 2
That the Laws of Maryland read as follows: 3
Article – Natural Resources 4
5–1102. 5
(a) The purpose of this subtitle is to encourage any owner of land to make land, 6
water, and airspace above the land and water areas available to the public for any 7
recreational and educational purpose, OR ON A LIMITED ENTR Y BASIS FOR ANY 8
RECREATIONAL HUNTING PURPOSE, by limiting the owner’s liability toward any person 9
who enters on land, water, and airspace above the land and water areas for these purposes. 10
5–1106. 11
(A) The provisions of this subtitle do not limit in any way any liability which 12
otherwise exists for [willful]: 13
(1) WILLFUL or malicious failure to guard or warn against a dangerous 14
condition, use, structure, or activity; or [for] 15
(2) EXCEPT AS PROVIDED IN § 5–1109 § 5–1109(A)(2) OF THIS 16
SUBTITLE, injury suffered where the owner of the land charges the person who enters or 17
goes on the land for recreational or educational use. [However, if] 18
(B) IF land is leased to the State or any of its political subdivisions, any 19
consideration the owner receives for the lease is not a charge within the meaning of this 20
section. 21
5–1109. 22
(a) (1) If a landowner agrees to the PUBLIC use of a defined part of the 23
landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for 24
hunting, any person who uses the part of the real property impliedly consents to adhere to 25
every law, to observe every safety precaution and practice, to take every precaution against 26
fire, and to assume all responsibility and liability for the person’s safety and property while 27
cross–country skiing, using an OHV, or hunting on the landowner’s real property. 28
(2) IF A LANDOWNER DIRECTLY INVITES OR PERMITS ON A LIMITED 29
ENTRY BASIS , WITH OR WITHOUT CHARGE , AN INDIVIDUAL TO USE THE 30
LANDOWNER ’S REAL PROPERTY FOR HUNTING, THE INVITED OR PERMI TTED 31
INDIVIDUAL WHO USES THE REAL PROPERTY FO R HUNTING IMPLIEDLY CONSENTS 32
TO ADHERE TO EVERY L AW, TO OBSERVE EVERY SAF ETY PRECAUTIO N AND 33 SENATE BILL 582 3
PRACTICE, TO OBSERVE ALL PROPE RTY BOUNDARIES , TO TAKE EVERY PRECAU TION 1
AGAINST FIRE, AND TO ASSUME ALL RE SPONSIBILITY AND LIA BILITY FOR THE 2
INDIVIDUAL’S SAFETY AND PROPERT Y WHILE HUNTING ON T HE LANDOWNER ’S REAL 3
PROPERTY. 4
(b) The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner 5
leases any defined part of the landowner’s real property for the use of cross–country skiing, 6
for the use of an OHV, or for hunting. 7
(c) The Department shall adopt regulations to allow cross–country skiing, OHV 8
use, or hunting BY THE PUBLIC on those defined parts of a landowner’s real property on 9
which cross–country skiing, OHV use, or hunting BY THE PUBLIC is allowed under this 10
section. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2022. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.