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92_HB3807 LRB9213626WHcs 1 AN ACT concerning ice skating rinks. 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 Ice Skating Rink Safety Act. 6 Section 5. Legislative findings and declarations. The 7 General Assembly finds and declares that the recreational 8 sport of ice skating is practiced by a large number of 9 citizens of this State; ice skating is a wholesome and 10 healthy family activity that should be encouraged; and the 11 allocation of risks and costs of ice skating is an important 12 matter of public policy. 13 The General Assembly further finds and declares that the 14 owners of ice skating rinks face great difficulty in 15 obtaining liability insurance coverage at an affordable cost 16 and that the lack of affordable insurance coverage affects 17 not only owners of ice skating rinks, but also patrons who 18 may suffer personal injury or property damage as a result of 19 accidents that occur on the premises of a ice skating rink. 20 In order to make it more economically feasible for insurance 21 companies to provide coverage to ice skating rinks at an 22 affordable rate to the owners, occurrences resulting in 23 liability to the owners should be more predictable by 24 limiting the liability that may be incurred by the owners and 25 encouraging the development and implementation of risk 26 reduction techniques. This Act should be liberally construed 27 to best carry out the purposes of this 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 an -2- LRB9213626WHcs 1 ice skating rink. 2 "Ice skater" or "skater" means a person wearing ice 3 skates while in an ice skating rink for the purpose of 4 recreational or competitive ice skating. "Ice skater" or 5 "skater" also includes any person in an ice skating rink who 6 is an invitee, whether or not that person pays consideration. 7 "Ice skating rink" means a building, facility, or 8 premises that provides an area specifically designed to be 9 used by the public for recreational or competitive ice 10 skating. 11 "Spectator" means a person who is present in an ice 12 skating rink only for the purpose of observing recreational 13 or competitive ice skating. 14 Section 15. Operator responsibilities. It is the 15 responsibility of the operator to the extent practicable to: 16 (1) Post the duties of ice skaters and spectators 17 and the duties and obligations of the operator as 18 prescribed in this Act in conspicuous places in at least 19 3 locations in the ice skating rink. 20 (2) Maintain the stability and legibility of all 21 signs, symbols, and posted notices required by this Act. 22 (3) When the rink is open for sessions, have at 23 least one floor supervisor on duty for every 200 skaters. 24 (4) Maintain the skating surface in a reasonably 25 safe condition and clean and inspect the skating surface 26 before each session. 27 (5) Maintain in good condition the railings, 28 kickboards, and walls surrounding the skating surface. 29 (6) In rinks with step-up or step-down skating 30 surfaces, ensure that the covering on the riser is 31 securely fastened. 32 (7) Install fire extinguishers and inspect fire 33 extinguishers at recommended intervals. -3- LRB9213626WHcs 1 (8) Inspect emergency lighting units periodically 2 to insure the lights are in proper order. 3 (9) Keep exit lights and lights in service areas on 4 when skating surface lights are turned off during special 5 numbers. 6 (10) Check rental skates on a regular basis to 7 insure the skates are in good mechanical condition. 8 (11) Comply with all applicable State and local 9 safety codes. 10 Section 20. Skater responsibilities. It is the 11 responsibility of each ice skater to: 12 (1) Maintain reasonable control of the skater's 13 speed and course at all times. 14 (2) Heed all posted signs and warnings. 15 (3) Maintain a proper outlook to avoid other ice 16 skaters and objects. 17 (4) Accept the responsibility for knowing the range 18 of the skater's own ability to negotiate the intended 19 direction of travel while on ice skates and to skate 20 within the limits of that ability. 21 (5) Refrain from acting in a manner that may cause 22 or contribute to the injury of the skater or any other 23 person. 24 Section 25. Assumption of risk; collisions; injuries. 25 Ice skaters and spectators are deemed to have knowledge of 26 and to assume the inherent risks of ice skating. Those risks 27 not otherwise attributable to an operator's breach of his or 28 her duties as set forth in Section 15 include, but are not 29 limited to, injuries that result from collisions or 30 incidental contact with other ice skaters or spectators, 31 injuries that result from falls caused by loss of balance, 32 and injuries that involve structures such as support columns, -4- LRB9213626WHcs 1 walls, doors, lockers, benches, railings, and other properly 2 placed structures within the building. 3 Section 30. Bar of suit; complete defense. The 4 assumption of risk set forth in Section 25 is a complete bar 5 of suit and is a complete defense to a suit against an 6 operator by an ice skater or spectator for injuries resulting 7 from the assumed risks of skating unless the operator has 8 violated his or her duties or responsibilities under this 9 Act.