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90_HB3346 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. LRB9011006WHbd LRB9011006WHbd 1 AN ACT in relation to bowling centers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Bowling Center Safety Act. 6 Section 5. Legislative findings and declarations. The 7 General Assembly finds and declares that the recreational 8 sport of bowling is practiced by a large number of citizens 9 of this State; bowling is a wholesome and healthy family 10 activity that should be encouraged; and the allocation of 11 risks and costs of bowling is an important matter of public 12 policy. 13 The General Assembly further finds and declares that the 14 owners of bowling centers face great difficulty in obtaining 15 liability insurance coverage at an affordable cost and that 16 the lack of affordable insurance coverage affects not only 17 owners of bowling centers, but also patrons who may suffer 18 personal injury or property damage as a result of accidents 19 that occur on the premises of a bowling center. In order to 20 make it more economically feasible for insurance companies to 21 provide coverage to bowling centers at an affordable rate to 22 the owners, occurrences resulting in liability to the owners 23 should be more predictable by limiting the liability that may 24 be incurred by the owners and encouraging the development and 25 implementation of risk reduction techniques. This Act should 26 be liberally construed to best carry out the purposes of this 27 Act. 28 Section 10. Definitions. As used in this Act: 29 "Operator" means a person or entity that owns, manages, 30 controls, directs, or has operational responsibility for a -2- LRB9011006WHbd 1 bowling center. 2 "Bowler" means a person in a bowling center for the 3 purpose of recreational or competitive bowling. "Bowler" also 4 includes any person in a bowling center who is an invitee, 5 whether or not that person pays consideration. 6 "Bowling center" means a building, facility, or premises 7 that provides an area specifically designed to be used by the 8 public for recreational or competitive bowling. 9 "Spectator" means a person who is present in a bowling 10 center only for the purpose of observing recreational or 11 competitive bowling. 12 Section 15. Operator responsibilities. It is the 13 responsibility of the operator to the extent practicable to: 14 (1) Post the duties of bowlers and spectators and the 15 duties and obligations of the operator as prescribed in this 16 Act in conspicuous places in at least 3 locations in the 17 bowling center. 18 (2) Comply with all bowling center safety standards 19 published by a recognized association of bowling center 20 operators, including but not limited to the proper 21 maintenance of bowling equipment and bowling facilities. 22 (3) Maintain the stability and legibility of all signs, 23 symbols, and posted notices required by this Act. 24 (4) When the bowling center is open for bowling, have at 25 least one supervisor on duty. 26 (5) Maintain the bowling facilities in a reasonably safe 27 condition and clean and inspect the bowling facilities before 28 each session. 29 (6) Install fire extinguishers and inspect fire 30 extinguishers at recommended intervals. 31 (7) Inspect emergency lighting units periodically to 32 ensure the lights are in proper order. 33 (8) Check rental equipment on a regular basis to ensure -3- LRB9011006WHbd 1 the equipment is in good condition. 2 (9) Comply with all applicable State and local safety 3 codes. 4 Section 20. Bowler responsibilities. It is the 5 responsibility of each bowler to: 6 (1) Maintain reasonable control of the bowler's actions 7 at all times. 8 (2) Heed all posted signs and warnings. 9 (3) Refrain from acting in a manner that may cause or 10 contribute to the injury of the bowler or any other person. 11 Section 25. Assumption of risk. Bowlers and spectators 12 are deemed to have knowledge of and to assume the inherent 13 risks of bowling. 14 Section 30. Bar of suit; complete defense. The 15 assumption of risk set forth in Section 25 is a complete bar 16 of suit and is a complete defense to a suit against an 17 operator by a bowler or spectator for injuries resulting from 18 the assumed risks of bowling unless the operator has violated 19 his or her duties or responsibilities under this Act.
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