House Bill 418

AN ACT TO PROVIDE CERTAIN IMMUNITY FOR MOTOCROSS OR MOUNTAIN BIKE ACTIVITIES AND FOR THE PERSONS ENGAGED IN SUCH ACTIVITIES; TO DEFINE CERTAIN TERMS; TO SPECIFY THE EXTENT OF IMMUNITY PROVIDED UNDER THIS ACT; TO SPECIFY ACTIVITIES FOR WHICH SUCH IMMUNITY SHALL NOT APPLY; TO REQUIRE THE POSTING OF WARNINGS RELATED TO THE IMMUNITY GRANTED UNDER THIS ACT; TO AMEND SECTION 95-9-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature recognizes that persons who participate in motocross or mountain bike shows or activities may incur injuries as a result of the risks involved in such activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The Legislature finds, determines and declares that this chapter is necessary for the immediate preservation of the public peace, health and safety. It is, therefore, the intent of the Legislature to encourage motocross and mountain bike shows and activities by limiting the civil liability of those involved in such activities.

SECTION 2. As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) "Engages in motocross or mountain bike shows or activity" means riding, training, providing or assisting in providing medical treatment of, driving, or being a passenger upon a motorcycle or mountain bike, or any person assisting a participant or show management. The term "engages in motocross or mountain bike shows or activity" does not include being a spectator at a motocross or mountain bike show or activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the motocross or mountain bike show or activity.

(b) "Motocross or mountain bike show or activity" means an event where participants ride motorcycles or mountain bikes in competition with other riders whether or not the winners receive any awards or other consideration for participation.

(c) "Motocross or mountain bike activity sponsor" means an individual, group, club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for a motocross or mountain bike activity or show including, but not limited to, riding clubs, school and college sponsored classes, programs, and operators, instructors, and promoters of motocross or mountain bike facilities, including, any area or arenas at which the activity is held.

(d) "Motocross or mountain bike professional" means a person engaged for compensation in:

(i) Instructing a participant or renting to a participant, a motorcycle or mountain bike for the purpose of riding, driving or being a passenger upon the motorcycle or mountain bike.

(ii) Renting equipment to a participant.

(iii) Examining or administering medical treatment to a participant in such activities.

(e) "Inherent risks of motocross or mountain bike activities" means those dangers or conditions which are an integral part of motocross or mountain bike activities.

(f) "Participant" means any person, whether amateur or professional, who engages in a motocross or mountain bike activity or show, whether or not a fee is paid to participate in the activity or show.

SECTION 3. (1) Except as provided in subsection (2) of this section, a motocross or mountain bike activity sponsor, a motocross or mountain bike professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of motocross or mountain bike activities or shows and, except as provided in subsection (2) of this section, a participant's representative shall not make any claim against, or recover from a motocross or mountain bike professional, or any other person for injury, loss, damage or death of the participant resulting from any of the inherent risks of motocross or mountain bike activities or shows.

(2) Nothing in subsection (1) of this section shall prevent or limit the liability of a motocross or mountain bike activity sponsor, a motocross or mountain bike professional or any other person if the motocross or mountain bike activity sponsor, motocross or mountain bike professional or person:

(a) (i) Provided the equipment and knew or should have known that the equipment was faulty, and such equipment was faulty to the extent that it did cause the injury.

(ii) Provided the motorcycle or mountain bike and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the motocross or mountain bike activity or show and to safely manage the particular equipment based on the participant's representations of his ability.

(b) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the motocross or mountain bike activity sponsor, motocross or mountain bike professional or person, and for which warning signs have not been conspicuously posted.

(c) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.

(d) Intentionally injures the participant.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of a motocross or mountain bike activity sponsor or a motocross or mountain bike professional under liability provisions as set forth in products liability laws.

SECTION 4. (1) Every motocross or mountain bike activity sponsor and every motocross or mountain bike professional shall post and maintain signs which contain the warning notice specified in subsection (2) of this section. Such signs shall be placed in a clearly visible location on tracks, areas or arenas where the motocross or mountain bike activity sponsor or the motocross or mountain bike professional conducts motocross or mountain bike activities or shows. The warning notice specified in subsection (2) of this section shall appear on the sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by a motocross or mountain bike professional or by a motocross or mountain bike activity sponsor for the providing of professional services, instruction or the rental of equipment, or a motocross or mountain bike participant, whether or not the contract involves motocross or mountain bike activities or shows on or off the location or site of the motocross or mountain bike activity sponsor's or the motocross or mountain bike professional's business, shall contain in clearly readable print the warning notice specified in subsection (2) of this section.

(2) The signs and contracts described in subsection (1) of this section shall contain the following warning notice:

WARNING:

Under Mississippi law, a motocross or mountain bike activity sponsor or a motocross or mountain bike professional is not liable for an injury to or the death of a participant in motocross or mountain bike activities or shows resulting from the inherent risks of motocross or mountain bike activities or shows, pursuant to this chapter.

(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent a motocross or mountain bike activity sponsor or motocross or mountain bike professional from invoking the privileges of immunity provided by this chapter.

SECTION 5. Section 95-9-1, Mississippi Code of 1972, is amended as follows:

95-9-1. (1) For the purposes of this section, unless the context otherwise requires:

(a) "Qualified volunteer" means any person who freely provides services, goods or the use of real or personal property or equipment, without any compensation or charge to any volunteer agency in connection with a volunteer activity. For purposes of this chapter, reimbursement of actual expenses, including travel expenses, necessarily incurred in the discharge of a member's duties, insurance coverage and workers' compensation coverage of volunteers, shall not be considered monetary compensation.

(b) "Volunteer agency" means any department, institution, community volunteer organization or any nonprofit corporation designated 501(c)(3) by the United States Internal Revenue Service, except an agency established primarily for the recreational benefit of its stockholders or members. Volunteer agency shall also include any volunteer fire fighter association which is eligible to be designated as a nonprofit corporation under 501(c)(3) by the United States Internal Revenue Service.

(c) "Volunteer activity" means any activity within the scope of any project, program or other activity regularly sponsored by a volunteer agency with the intent to effect a charitable purpose, or other public benefit including, but not limited to, fire protection, rescue services, the enhancement of the cultural, civic, religious, educational, scientific or economic resources of the community, equine activity as provided in Sections 95-11-1 et seq. or motocross or mountain bike activity as provided in House Bill No. ____, 2006 Regular Session.

(2) A qualified volunteer shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his volunteer activities.

(3) A qualified volunteer who renders assistance to a participant in, or a recipient, consumer or user of the services or benefits of a volunteer activity shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith except:

(a) Where the qualified volunteer engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent; or

(b) Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat or other powered mode of conveyance.

SECTION 6. This act shall take effect and be in force from and after July 1, 2006.