House
File
917
-
Enrolled
House
File
917
AN
ACT
RELATING
TO
CIVIL
LIABILITY
ACTIONS
AGAINST
MOTOCROSS
FACILITIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
673B.1
Motocross
facility
——
immunity.
1.
As
used
in
this
section,
unless
the
context
otherwise
provides:
a.
“Facility
operator”
means
any
individual,
group,
club,
partnership,
corporation,
or
business
entity,
whether
or
not
operating
for
profit
or
not
for
profit,
or
any
employee
or
agent,
which
sponsors,
organizes,
rents,
or
provides
to
the
House
File
917,
p.
2
general
public
the
opportunity
to
use
a
motocross
vehicle
by
a
participant
on
a
motocross
facility.
“Facility
operator”
includes
a
fair
authority
as
defined
in
section
673.1.
b.
“Inherent
risks
of
motocross
activities”
means
those
dangers,
hazards,
or
conditions
that
are
an
integral
part
of
motocross
activities,
including
all
of
the
following:
(1)
Operator
error.
(2)
Cold
weather
or
heat-related
injuries
and
illnesses,
including
hypothermia,
frostbite,
heat
exhaustion,
heat
stroke,
and
dehydration.
(3)
An
act
of
nature
which
may
include
rock
fall,
inclement
weather,
thunder
and
lightning,
severe
or
varied
temperature,
weather
conditions,
and
winds
including
tornadoes.
(4)
Attack
or
bite
by
animals.
(5)
The
aggravation
of
injuries
or
illnesses
because
they
occurred
in
remote
places
where
there
are
no
available
medical
facilities.
c.
“Motocross
activity”
means
riding
on,
training
in
or
on,
using,
or
being
a
passenger
on
a
motocross
vehicle
as
follows:
(1)
A
competition,
exercise,
or
undertaking
that
involves
a
motocross
vehicle.
(2)
Training
or
teaching
activities
regarding
the
operation
of
a
motocross
vehicle
at
a
motocross
facility.
d.
“Motocross
facility”
means
an
area
created
and
maintained
for
the
operation
of
motocross
vehicles
on
natural
or
man-made
terrain.
e.
“Motocross
vehicle”
means
a
motorized
two-wheel
or
four-wheel
vehicle
being
operated
over
terrain
created
and
maintained
for
recreational
use.
f.
“Participant”
means
a
person,
whether
amateur
or
professional,
whether
or
not
a
fee
is
paid,
which
rents,
leases,
or
uses
a
motocross
vehicle
or
is
a
passenger
on
a
rented,
leased,
or
used
motocross
vehicle
while
participating
in
a
motocross
activity.
2.
Except
as
provided
in
subsection
4,
a
motocross
facility
shall
not
be
liable
for
any
injury
to
or
the
death
of
a
participant
resulting
from
the
inherent
risks
of
motocross
activities
and,
except
as
provided
in
subsection
4,
a
participant
or
a
participant’s
representative
shall
not
make
House
File
917,
p.
3
any
claim
against,
maintain
any
action
against,
or
recover
from
a
facility
operator,
owner,
or
its
agents,
servants,
or
employees
for
injury,
loss,
damage,
or
death
of
the
participant
resulting
from
any
of
the
inherent
risks
of
motocross
activities
which
injury,
loss,
damage,
or
death
occurred
at
a
motocross
facility.
3.
This
section
shall
not
apply
to
any
employer
and
employee
relationship
governed
by
the
provisions
of
chapter
87.
4.
The
provisions
of
subsection
2
shall
not
prevent
or
limit
the
liability
of
a
facility
operator
of
a
motocross
facility
that
does
any
of
the
following:
a.
Intentionally
injures
the
participant.
b.
Commits
an
act
or
omission
that
constitutes
negligence
for
the
safety
of
a
participant
in
a
motocross
activity
and
that
negligence
is
a
proximate
cause
of
the
injury
or
death
of
a
participant.
c.
Provides
unsafe
equipment
to
a
participant
and
knew
or
should
have
known
that
use
of
the
furnished
equipment
was
unsafe.
d.
Fails
to
use
that
degree
of
care
that
a
reasonably
prudent
person
would
use
under
the
same
or
similar
circumstances.
5.
Every
facility
operator
shall
post
and
maintain
signs
which
contain
the
warning
notice
specified
in
this
subsection.
Such
signs
shall
be
placed
in
a
clearly
visible
location
on
or
near
areas
where
the
facility
operator
conducts
motocross
activities.
The
warning
notice
specified
in
this
subsection
shall
appear
on
the
sign
in
black
letters
on
a
white
background
with
each
letter
to
be
a
minimum
of
one
inch
in
height.
The
signs
described
in
this
subsection
shall
contain
the
following
warning
notice:
WARNING
Under
Iowa
law,
a
facility
operator
is
not
liable
for
an
injury
to
or
the
death
of
a
participant
in
motocross
activities
resulting
from
the
inherent
risks
of
motocross
activities
pursuant
to
Iowa
Code
chapter
673B.
6.
This
section
shall
not
be
construed
to
affect,
limit,
or
modify
any
claim
or
defense
existing
in
statute
or
common
law
or
to
affect
any
claim
against
a
motocross
facility
for
House
File
917,
p.
4
any
injury
to
or
the
death
of
a
participant
that
occurred
at
a
motocross
facility
prior
to
the
effective
date
of
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
917,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor