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H. B. No. 971 *HR31/R63* ~ OFFICIAL ~ G1/2
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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Mangold
HOUSE BILL NO. 971
AN ACT TO AMEND SECTION 89-2-1, MISSISSIPPI CODE OF 1972, TO 1
CLARIFY IMMUNITY FOR LANDOWNERS WHO ALLOW RECREATIONAL USE OF 2
THEIR PROPERTY; TO AMEND SECTION 89-2-3, MISSISSIPPI CODE OF 1972, 3
TO INCLUDE OFF-ROAD VEHICLES AND ALL-TERRAIN VEHICLES AS 4
RECREATIONAL ACTIVITIES; TO AMEND SECTIONS 89-2-5 AND 89-2-7, 5
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; 6
AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 89-2-1, Mississippi Code of 1972, is 9
amended as follows: 10
89-2-1. The purpose of this article is to encourage persons 11
to make available to the public land and water areas and 12
structures on such land or water for outdoor recreational 13
purposes. A lessee or owner who opens a land or water area to the 14
public for outdoor recreational purposes shall not, by opening 15
such land or water for such use: 16
(a) Be presumed to extend any assurance that such land 17
* * *, water area or structure on the property is safe for any 18
purpose; 19
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(b) Incur any duty of care toward a person who goes on 20
the land or water area; * * * 21
(c) Assume responsibility or become liable or 22
responsible for any injury to persons or property caused by the 23
act or omission of a person who goes on the land * * *, water area 24
or structure * * *; 25
(d) Owes no duty of care to keep such premises safe for 26
entry or use by others; or 27
(e) Owes no duty to give warning of any hazardous 28
conditions, use of structure or activities, whether the hazardous 29
conditions or instrumentality causing the harm is one normally 30
encountered in the true outdoors or one created by the placement 31
of structures or conduct of commercial activities on the premises. 32
The foregoing applies, whether the person going on the land 33
or water area is an invitee, licensee, trespasser or otherwise. 34
SECTION 2. Section 89-2-3, Mississippi Code of 1972, is 35
amended as follows: 36
89-2-3. The term "outdoor recreational purposes" as used in 37
this article shall include, but not necessarily be limited to, 38
off-road vehicles, all-terrain vehicles, hunting, fishing, 39
swimming, boating, camping, picnicking, hiking, cycling, pleasure 40
driving, nature study, water skiing and visiting historical, 41
archaeological, scenic or scientific sites. 42
SECTION 3. Section 89-2-5, Mississippi Code of 1972, is 43
amended as follows: 44
H. B. No. 971 *HR31/R63* ~ OFFICIAL ~
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ST: Outdoor recreational premises; include use
of ATVs and off-road vehicles.
89-2-5. This article does not relieve any person of 45
liability which would otherwise exist for deliberate, willful or 46
malicious injury to persons or property. The provisions hereof 47
shall not be * * * construed to create or increase the liability 48
of any person. 49
SECTION 4. Section 89-2-7, Mississippi Code of 1972, is 50
amended as follows: 51
89-2-7. The provisions of this article shall not apply if 52
any fee is charged for entering or using any part of such land or 53
water outdoor recreational area or structure located thereon, or 54
if any concession is operated on said area offering to sell or 55
selling any item or product to persons entering thereon for 56
recreational purposes. Said article shall not apply unless public 57
notice of the availability of such lands for such public use shall 58
have been published once annually in a newspaper of general 59
circulation in the county where such lands are situated. 60
SECTION 5. This act shall take effect and be in force from 61
and after July 1, 2026. 62