House Bill 1546

AN ACT TO AMEND SECTION 89-2-1, MISSISSIPPI CODE OF 1972, TO CLARIFY IMMUNITY FOR LANDOWNERS WHO ALLOW RECREATIONAL USE OF THEIR PROPERTY; TO AMEND SECTION 89-2-3, MISSISSIPPI CODE OF 1972, TO INCLUDE OFF-ROAD VEHICLES AND ALL-TERRAIN VEHICLES AS RECREATIONAL ACTIVITIES; TO AMEND SECTIONS 89-2-5 AND 89-2-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-2-1, Mississippi Code of 1972, is amended as follows:

89-2-1. The purpose of this article is to encourage persons to make available to the public land and water areas and structures on such land or water for outdoor recreational purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:

(a) Be presumed to extend any assurance that such land * * *or, water area or structure on the property is safe for any purpose;

(b) Incur any duty of care toward a person who goes on the land or water area; * * *or

(c) Assume responsibility or become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land * * *or, water area or structure * * *.;

(d) Owes no duty of care to keep such premises safe for entry or use by others; or

(e) Owes no duty to give warning of any hazardous conditions, use of structure or activities, whether the hazardous conditions or instrumentality causing the harm is one normally encountered in the true outdoors or one created by the placement of structures or conduct of commercial activities on the premises.

The foregoing applies, whether the person going on the land or water area is an invitee, licensee, trespasser or otherwise.

SECTION 2. Section 89-2-3, Mississippi Code of 1972, is amended as follows:

89-2-3. The term "outdoor recreational purposes" as used in this article shall include, but not necessarily be limited to, off-road vehicles, all-terrain vehicles, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.

SECTION 3. Section 89-2-5, Mississippi Code of 1972, is amended as follows:

89-2-5. This article does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be * * *~~deemed~~ construed to create or increase the liability of any person.

SECTION 4. Section 89-2-7, Mississippi Code of 1972, is amended as follows:

89-2-7. The provisions of this article shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area or structure located thereon, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said article shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.