093_HB1494

 
                                     LRB093 09469 WGH 09704 b

 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
 
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 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.
 
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 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,
 
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 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.