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House
File
632
-
Introduced
HOUSE
FILE
632
BY
SEXTON
and
FISHER
A
BILL
FOR
An
Act
relating
to
civil
liability
actions
against
motocross
1
facilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2713HH
(3)
91
cm/jh
H.F.
632
Section
1.
NEW
SECTION
.
673B.1
Motocross
facility
——
1
immunity.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
provides:
4
a.
“Facility
operator”
means
any
individual,
group,
club,
5
partnership,
corporation,
or
business
entity,
whether
or
not
6
operating
for
profit
or
not
for
profit,
or
any
employee
or
7
agent,
which
sponsors,
organizes,
rents,
or
provides
to
the
8
general
public
the
opportunity
to
use
a
motocross
vehicle
by
a
9
participant
on
a
motocross
facility.
10
b.
“Inherent
risks
of
motocross
activities”
means
those
11
dangers,
hazards,
or
conditions
that
are
an
integral
part
of
12
motocross
activities,
including
all
of
the
following:
13
(1)
Operator
error.
14
(2)
Cold
weather
or
heat-related
injuries
and
illnesses,
15
including
hypothermia,
frostbite,
heat
exhaustion,
heat
stroke,
16
and
dehydration.
17
(3)
An
act
of
nature
which
may
include
rock
fall,
inclement
18
weather,
thunder
and
lightning,
severe
or
varied
temperature,
19
weather
conditions,
and
winds
including
tornadoes.
20
(4)
Attack
or
bite
by
animals.
21
(5)
The
aggravation
of
injuries
or
illnesses
because
they
22
occurred
in
remote
places
where
there
are
no
available
medical
23
facilities.
24
c.
“Motocross
activity”
means
riding
on,
training
in
or
on,
25
using,
or
being
a
passenger
on
a
motocross
vehicle
as
follows:
26
(1)
A
competition,
exercise,
or
undertaking
that
involves
a
27
motocross
vehicle.
28
(2)
Training
or
teaching
activities
regarding
the
operation
29
of
a
motocross
vehicle
at
a
motocross
facility.
30
d.
“Motocross
facility”
means
an
area
created
and
maintained
31
for
the
operation
of
motocross
vehicles
on
natural
or
man-made
32
terrain
for
recreation
and
for
which
a
fee
is
charged
for
33
access.
34
e.
“Motocross
vehicle”
means
a
motorized
two-wheel
vehicle
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632
being
operated
over
terrain
created
and
maintained
for
1
recreational
use
by
operators
of
a
motocross
facility.
2
f.
“Participant”
means
a
person,
whether
amateur
or
3
professional,
whether
or
not
a
fee
is
paid,
which
rents,
4
leases,
or
uses
a
motocross
vehicle
or
is
a
passenger
on
a
5
rented,
leased,
or
used
motocross
vehicle
while
participating
6
in
a
motocross
activity.
7
2.
Except
as
provided
in
subsection
4,
a
motocross
facility
8
shall
not
be
liable
for
any
injury
to
or
the
death
of
a
9
participant
resulting
from
the
inherent
risks
of
motocross
10
activities
and,
except
as
provided
in
subsection
4,
a
11
participant
or
a
participant’s
representative
shall
not
make
12
any
claim
against,
maintain
any
action
against,
or
recover
13
from
a
facility
operator,
owner,
or
its
agents,
servants,
or
14
employees
for
injury,
loss,
damage,
or
death
of
the
participant
15
resulting
from
any
of
the
inherent
risks
of
motocross
16
activities
which
injury,
loss,
damage,
or
death
occurred
at
a
17
motocross
facility.
18
3.
This
section
shall
not
apply
to
any
employer
and
employee
19
relationship
governed
by
the
provisions
of
chapter
87.
20
4.
The
provisions
of
subsection
2
shall
not
prevent
or
limit
21
the
liability
of
a
facility
operator
of
a
motocross
facility
22
that
does
any
of
the
following:
23
a.
Intentionally
injures
the
participant.
24
b.
Commits
an
act
or
omission
that
constitutes
negligence
25
for
the
safety
of
a
participant
in
a
motocross
activity
and
26
that
negligence
is
the
proximate
cause
of
the
injury
or
death
27
of
a
participant.
28
c.
Provides
unsafe
equipment
to
a
participant
and
knew
29
or
should
have
known
that
use
of
the
furnished
equipment
was
30
unsafe.
31
d.
Fails
to
use
that
degree
of
care
that
an
ordinarily
32
careful
and
prudent
person
would
use
under
the
same
or
similar
33
circumstances.
34
5.
Every
facility
operator
shall
post
and
maintain
signs
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which
contain
the
warning
notice
specified
in
this
subsection.
1
Such
signs
shall
be
placed
in
a
clearly
visible
location
on
2
or
near
areas
where
the
facility
operator
conducts
motocross
3
activities.
The
warning
notice
specified
in
this
subsection
4
shall
appear
on
the
sign
in
black
letters
on
a
white
background
5
with
each
letter
to
be
a
minimum
of
one
inch
in
height.
The
6
signs
described
in
this
subsection
shall
contain
the
following
7
warning
notice:
8
WARNING
9
Under
Iowa
law,
a
facility
operator
is
not
liable
for
an
10
injury
to
or
the
death
of
a
participant
in
motocross
activities
11
resulting
from
the
inherent
risks
of
motocross
activities
12
pursuant
to
Iowa
Code
chapter
673B.
13
6.
This
section
shall
not
be
construed
to
affect,
limit,
14
or
modify
any
claim
or
defense
existing
in
statute
or
common
15
law
or
to
affect
any
claim
against
a
motocross
facility
for
16
any
injury
to
or
the
death
of
a
participant
that
occurred
at
a
17
motocross
facility
prior
to
the
effective
date
of
this
Act.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
civil
liability
actions
against
22
motocross
facilities.
The
bill
provides
definitions.
The
bill
23
provides
that
a
motocross
facility
shall
not
be
liable
for
any
24
injury
to
or
the
death
of
a
participant
resulting
from
the
25
inherent
risks
of
motocross
activities
and
no
participant
or
26
a
participant’s
representative
shall
make
any
claim
against,
27
maintain
any
action
against,
or
recover
from
a
facility
for
28
injury,
loss,
damage,
or
death
of
the
participant
resulting
29
from
any
motocross
activities
which
injury,
loss,
damage,
or
30
death
occurred
at
a
motocross
facility.
31
The
bill
provides
the
following
exceptions
that
impose
32
liability
upon
a
motocross
facility
that
does
any
of
the
33
following:
(1)
intentionally
injures
the
participant,
(2)
34
commits
an
act
or
omission
that
constitutes
negligence
for
35
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H.F.
632
the
safety
of
a
participant
in
a
motocross
activity
and
that
1
negligence
is
the
proximate
cause
of
the
injury
or
death
of
a
2
participant,
(3)
provides
unsafe
equipment
to
a
participant
and
3
knew
or
should
have
known
that
use
of
the
furnished
equipment
4
was
unsafe,
or
(4)
fails
to
use
that
degree
of
care
that
an
5
ordinarily
careful
and
prudent
person
would
use
under
the
same
6
or
similar
circumstances.
7
The
bill
requires
that
every
facility
shall
post
and
8
maintain
signs
in
a
clearly
visible
location
on
or
near
areas
9
where
the
facility
operator
conducts
motocross
activities
which
10
show
a
warning
notice.
11
The
bill
does
not
limit
or
modify
any
claim
or
defense
12
existing
under
statute
or
common
law
and
does
not
affect
any
13
claim
occurring
prior
to
the
effective
date
of
the
bill.
14
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