95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4332


 
Introduced , by Rep. Frank J. Mautino
 
SYNOPSIS AS INTRODUCED:
 		












New Act











    Creates the Bowling Center Safety Act. Sets forth responsibilities of
operators of  bowling centers and bowlers. Provides that bowlers and
spectators are deemed to have knowledge of and to assume the inherent
risks of bowling. Provides that this assumption of risk is a complete bar of
suit and is a complete defense to a suit against an operator by a
bowler or spectator for injuries resulting from the
assumed risks of bowling unless the operator has violated his
or her duties or responsibilities under the Act.
















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A BILL FOR









 











HB4332

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    AN ACT in relation to bowling centers. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 1. Short title.   This Act may be cited as the 
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Bowling Center Safety Act.


 
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    Section 5. Legislative findings and declarations.  The

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General Assembly finds and declares that the recreational
sport 
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of bowling is practiced by a large number of
citizens of this 
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State; bowling is a wholesome and
healthy family activity that 
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should be encouraged; and the
allocation of risks and costs of 
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bowling is an
important matter of public policy.


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    The General Assembly further finds and declares that the

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owners of bowling centers face great difficulty in
obtaining 
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liability insurance coverage at an affordable cost
and that the 
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lack of affordable insurance coverage affects
not only owners 
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of bowling centers, but also patrons who
may suffer personal 
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injury or property damage as a result of
accidents that occur 
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on the premises of a bowling
center.  In order to make it more 
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economically feasible for
insurance companies to provide 
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coverage to bowling
centers at an affordable rate to the 
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owners, occurrences
resulting in liability to the owners should 
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be more
predictable by limiting the liability that may be 
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incurred by
the owners and encouraging the development and 
 


 






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implementation
of risk reduction techniques.  This Act should be 
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liberally
construed to best carry out the purposes of this Act.



 
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    Section 10. Definitions.   As used in this Act:


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    "Operator" means a person or entity that owns, manages,

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controls, directs, or has operational responsibility for a

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bowling center.


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    "Bowler" means a person in a bowling center for the purpose 
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of
recreational or competitive bowling. "Bowler"
also includes 
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any person in a bowling center
who is an invitee, whether or 
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not that person pays
consideration.


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    "Bowling center" means a building, facility, or
premises 
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that provides an area specifically designed to be
used by the 
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public for  recreational or competitive bowling.


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    "Spectator" means a person who is present in a bowling 
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center only for
the purpose of observing recreational
or 
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competitive bowling.



 
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    Section 15. Operator responsibilities.   It is the

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responsibility of the operator to the extent practicable to:


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    (1) Post the duties of bowlers and
spectators and the 
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duties and obligations of the operator
as prescribed in this 
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Act in a conspicuous place
in the bowling center.


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    (2) Comply with all bowling center safety
standards 
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published by a recognized association of bowling center

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operators, including but not limited to the proper
maintenance 
 


 






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of bowling equipment and bowling facilities.


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    (3) Maintain the stability and legibility of all
signs, 
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symbols, and posted notices required by this Act.


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    (4) Install fire extinguishers and inspect fire

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extinguishers at recommended intervals.


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    (5) Inspect emergency lighting units periodically
to 
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ensure the lights are in proper order.


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    (6) Check rental shoes on a regular basis to
ensure the 
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shoes are in good condition.


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    (7) Comply with all applicable State and local
safety 
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codes.



 
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    Section 20. Bowler responsibilities.   It is the

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responsibility of each bowler to:


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    (1) Maintain reasonable control of the bowler's
actions at 
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all times.


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    (2) Heed all posted signs and warnings.


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    (3) Refrain from acting in a manner that may cause
or 
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contribute to the injury of the bowler or any other
person.



 
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    Section 25. Assumption of risk.
Bowlers and spectators are 
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deemed to have knowledge of
and to assume the inherent risks of 
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bowling.



 
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    Section 30. Bar of suit; complete defense.  The assumption

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of risk set forth in Section 25 is a complete bar of suit and
is 
 


 






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a complete defense to a suit against an operator by a
bowler or 
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spectator for injuries resulting from the
assumed risks of 
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bowling unless the operator has violated his
or her duties or 
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responsibilities under this Act.