Maryland 2022 Regular Session

Maryland Senate Bill SB582 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 523
2	1
3		-	– 1 –
4		-	Chapter 523
5		-	(Senate Bill 582)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0582
8	10
9		-	Natural Resources – Recreation on Private Land – Hunting
	11	+	SENATE BILL 582
	12	+	M2, M1 (2lr2657)
	13	+	ENROLLED BILL
	14	+	— Education, Health, and Environmental Affairs/Environment and Transportation —
	15	+	Introduced by Senator Bailey
10	16
11		-	FOR the purpose of providing that if a landowner directly invites or permits on a limited
12		-	entry basis, with or without charge, an individual to use the landowner’s real
13		-	property for hunting, the invited or permitted individual impliedly consents to
14		-	adhere to every law, observe every safety precaution and practice, observe all
15		-	property boundaries, take every precaution against fire, and assume all
16		-	responsibility and liability for the individual’s safety and property while hunting on
17		-	the landowner’s real property; altering the stated purpose of the Maryland
18		-	Recreational Use Statute; and generally relating to hunting on private land.
	17	+	Read and Examined by Proofreaders:
19	18
20		-	BY repealing and reenacting, with amendments,
21		-	Article – Natural Resources
22		-	Section 5–1106 5–1102(a), 5–1106, and 5–1109
23		-	Annotated Code of Maryland
24		-	(2018 Replacement Volume and 2021 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
25	23
26		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27		-	That the Laws of Maryland read as follows:
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
28	25
29		-	~~Article – Natural Resources~~
	26	+	_______ day of _______________ at ________________________ o’clock, ________M.
30	27
31		-	5–1102.
	28	+	______________________________________________
	29	+	President.
32	30
33		-	(a) The purpose of this subtitle is to encourage any owner of land to make land,
34		-	water, and airspace above the land and water areas available to the public for any
35		-	recreational and educational purpose, OR ON A LIMITED ENTR Y BASIS FOR ANY
36		-	RECREATIONAL HUNTING PURPOSE, by limiting the owner’s liability toward any person
37		-	who enters on land, water, and airspace above the land and water areas for these purposes.
	31	+	CHAPTER ______
38	32
39		-	~~5–1106.~~
	33	+	AN ACT concerning 1
40	34
41		-	(A) The provisions of this subtitle do not limit in any way any liability which
42		-	otherwise exists for [willful]:
	35	+	Natural Resources – Recreation on Private Land – Hunting 2
43	36
44		-	(1) WILLFUL or malicious failure to guard or warn against a dangerous
45		-	condition, use, structure, or activity; or [for]
46		-	Ch. 523 2022 LAWS OF MARYLAND
	37	+	FOR the purpose of providing that if a landowner directly invites or permits on a limited 3
	38	+	entry basis, with or without charge, an individual to use the landowner’s real 4
	39	+	property for hunting, the invited or permitted individual impliedly consents to 5
	40	+	adhere to every law, observe every safety precaution and practice, observe all 6
	41	+	property boundaries, take every precaution against fire, and assume all 7
	42	+	responsibility and liability for the individual’s safety and property while hunting on 8
	43	+	the landowner’s real property; altering the stated purpose of the Maryland 9
	44	+	Recreational Use Statute; and generally relating to hunting on private land. 10
47	45
48		-	~~– 2 –~~
49		-	~~(2) EXCEPT AS PROVIDED IN § 5–1109 § 5–1109(A)(2) OF THIS~~
50		-	~~SUBTITLE~~, ~~injury suffered where the owner of the land charges the person who enters or~~
51		-	~~goes on the land for recreational or educational use.~~ ~~[However, if]~~
	46	+	BY repealing and reenacting, with amendments, 11
	47	+	Article – Natural Resources 12
	48	+	Section 5–1106 5–1102(a), 5–1106, and 5–1109 13
	49	+	Annotated Code of Maryland 14 2 SENATE BILL 582
52	50
53		-	(B) IF land is leased to the State or any of its political subdivisions, any
54		-	consideration the owner receives for the lease is not a charge within the meaning of this
55		-	section.
56	51
57		-	~~5–1109.~~
	52	+	(2018 Replacement Volume and 2021 Supplement) 1
58	53
59		-	(a) (1) If a landowner agrees to the PUBLIC use of a defined part of the
60		-	landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for
61		-	hunting, any person who uses the part of the real property impliedly consents to adhere to
62		-	every law, to observe every safety precaution and practice, to take every precaution against
63		-	fire, and to assume all responsibility and liability for the person’s safety and property while
64		-	cross–country skiing, using an OHV, or hunting on the landowner’s real property.
	54	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MAR YLAND, 2
	55	+	That the Laws of Maryland read as follows: 3
65	56
66		-	(2) IF A LANDOWNER DIRECTLY INVITES OR PERMITS ON A LIMITED
67		-	ENTRY BASIS , WITH OR WITHOUT CHARGE , AN INDIVIDUAL TO USE THE
68		-	LANDOWNER ’S REAL PROPERTY FOR HUNTING, THE INVITED OR PERMI TTED
69		-	INDIVIDUAL WHO USES THE REAL PROPERTY FO R HUNTING IMPLIEDLY CONSENTS
70		-	TO ADHERE TO EVERY L AW, TO OBSERVE EVERY SAF ETY PRECAUTI ON AND
71		-	PRACTICE, TO OBSERVE ALL PROPE RTY BOUNDARIES , TO TAKE EVERY PRECAU TION
72		-	AGAINST FIRE, AND TO ASSUME ALL RE SPONSIBILITY AND LIA BILITY FOR THE
73		-	INDIVIDUAL’S SAFETY AND PROPERT Y WHILE HUNTING ON T HE LANDOWNER ’S REAL
74		-	PROPERTY.
	57	+	Article – Natural Resources 4
75	58
76		-	(b) The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner
77		-	leases any defined part of the landowner’s real property for the use of cross–country skiing,
78		-	for the use of an OHV, or for hunting.
	59	+	5–1102. 5
79	60
80		-	(c) The Department shall adopt regulations to allow cross–country skiing, OHV
81		-	use, or hunting BY THE PUBLIC on those defined parts of a landowner’s real property on
82		-	which cross–country skiing, OHV use, or hunting BY THE PUBLIC is allowed under this
83		-	section.
	61	+	(a) The purpose of this subtitle is to encourage any owner of land to make land, 6
	62	+	water, and airspace above the land and water areas available to the public for any 7
	63	+	recreational and educational purpose, OR ON A LIMITED ENTR Y BASIS FOR ANY 8
	64	+	RECREATIONAL HUNTING PURPOSE, by limiting the owner’s liability toward any person 9
	65	+	who enters on land, water, and airspace above the land and water areas for these purposes. 10
84	66
85		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
86		-	1, 2022.
	67	+	5–1106. 11
87	68
88		-	Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
	69	+	(A) The provisions of this subtitle do not limit in any way any liability which 12
	70	+	otherwise exists for [willful]: 13
	71	+
	72	+	(1) WILLFUL or malicious failure to guard or warn against a dangerous 14
	73	+	condition, use, structure, or activity; or [for] 15
	74	+
	75	+	(2) EXCEPT AS PROVIDED IN § 5–1109 § 5–1109(A)(2) OF THIS 16
	76	+	SUBTITLE, injury suffered where the owner of the land charges the person who enters or 17
	77	+	goes on the land for recreational or educational use. [However, if] 18
	78	+
	79	+	(B) IF land is leased to the State or any of its political subdivisions, any 19
	80	+	consideration the owner receives for the lease is not a charge within the meaning of this 20
	81	+	section. 21
	82	+
	83	+	5–1109. 22
	84	+
	85	+	(a) (1) If a landowner agrees to the PUBLIC use of a defined part of the 23
	86	+	landowner’s real property for the use of cross–country skiing, for the use of an OHV, or for 24
	87	+	hunting, any person who uses the part of the real property impliedly consents to adhere to 25
	88	+	every law, to observe every safety precaution and practice, to take every precaution against 26
	89	+	fire, and to assume all responsibility and liability for the person’s safety and property while 27
	90	+	cross–country skiing, using an OHV, or hunting on the landowner’s real property. 28
	91	+
	92	+	(2) IF A LANDOWNER DIRECTLY INVITES OR PERMITS ON A LIMITED 29
	93	+	ENTRY BASIS , WITH OR WITHOUT CHARGE , AN INDIVIDUAL TO USE THE 30
	94	+	LANDOWNER ’S REAL PROPERTY FOR HUNTING, THE INVITED OR PERMI TTED 31
	95	+	INDIVIDUAL WHO USES THE REAL PROPERTY FO R HUNTING IMPLIEDLY CONSENTS 32
	96	+	TO ADHERE TO EVERY L AW, TO OBSERVE EVERY SAF ETY PRECAUTIO N AND 33 SENATE BILL 582 3
	97	+
	98	+
	99	+	PRACTICE, TO OBSERVE ALL PROPE RTY BOUNDARIES , TO TAKE EVERY PRECAU TION 1
	100	+	AGAINST FIRE, AND TO ASSUME ALL RE SPONSIBILITY AND LIA BILITY FOR THE 2
	101	+	INDIVIDUAL’S SAFETY AND PROPERT Y WHILE HUNTING ON T HE LANDOWNER ’S REAL 3
	102	+	PROPERTY. 4
	103	+
	104	+	(b) The provisions of § 5–1108(b) and (c) of this subtitle apply when a landowner 5
	105	+	leases any defined part of the landowner’s real property for the use of cross–country skiing, 6
	106	+	for the use of an OHV, or for hunting. 7
	107	+
	108	+	(c) The Department shall adopt regulations to allow cross–country skiing, OHV 8
	109	+	use, or hunting BY THE PUBLIC on those defined parts of a landowner’s real property on 9
	110	+	which cross–country skiing, OHV use, or hunting BY THE PUBLIC is allowed under this 10
	111	+	section. 11
	112	+
	113	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
	114	+	1, 2022. 13
	115	+
	116	+
	117	+
	118	+
	119	+	Approved:
	120	+	________________________________________________________________________________
	121	+	Governor.
	122	+	________________________________________________________________________________
	123	+	President of the Senate.
	124	+	________________________________________________________________________________
	125	+	Speaker of the House of Delegates.