senate Bill S4179

2013-2014 Legislative Session

Requires operators of bowling centers to give certain notices to bowlers and grants immunity from civil liability to operators of bowling centers from certain action

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jun 21, 2013 committed to rules
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1140
Mar 13, 2013 referred to consumer protection

Votes

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Jun 5, 2013 - Consumer Protection committee Vote

S4179
2
0
committee
2
Aye
0
Nay
9
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jun 5, 2013

aye (2)

S4179 - Bill Details

See Assembly Version of this Bill:
A4739
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง390-d, Gen Bus L

S4179 - Bill Texts

view summary

Requires operators of bowling centers to give certain notices to bowlers about bowling shoes and grants immunity from civil liability to operators of bowling centers from certain actions.

view sponsor memo
BILL NUMBER:S4179

TITLE OF BILL: An act to amend the general business law, in relation
to requiring the operators of bowling centers to give certain notices
to bowlers and to grant immunity from civil liability to operators of
bowling centers from certain lawsuits

PURPOSE: To protect bowling center operators, who maintain a safe
premises and post notices to warn patrons of the dangers of wearing
bowling shoes outside, from civil liability for injuries to a bowler
from falls caused by a substance or material on their bowling shoes,
the bowler acquired outside.

SUMMARY OF PROVISIONS:

Section one contains the title, the "Bowling Center Act".

Section two contains definitions and provides protection from civil
liability to bowling center operators, who maintain a reasonably safe
premises and post conspicuous notices at every entrance and exit to
warn persons of the dangers of wearing bowling shoes outside.

Section three contains the effective date.

JUSTIFICATION: There have been numerous instances of slips and falls
in bowling facilities as a result of individuals going outside and
returning with substances or materials on their bowling shoes. This
bill will help to protect bowling alley operators, who maintain a safe
premises and take necessary precautions to warn patrons of the dangers
of wearing bowling shoes outside, from civil liability for injuries to
a bowler from falls caused by a substance or material on their bowling
shoes, the bowler acquired outside, The states of Illinois and
Michigan have enacted similar laws.

LEGISLATIVE HISTORY: A.10365 of 2012.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4179

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to  requiring  the
  operators of bowling centers to give certain notices to bowlers and to
  grant  immunity  from  civil liability to operators of bowling centers
  from certain lawsuits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known, and may be cited as, the "bowling
center act".
  S 2. The general business law is amended by adding a new section 390-d
to read as follows:
  S 390-D. BOWLING CENTERS. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "BOWLER" MEANS A PERSON IN A BOWLING CENTER  FOR  THE  PURPOSE  OF
RECREATIONAL OR COMPETITIVE BOWLING.
  (B)  "BOWLING  CENTER" MEANS A STRUCTURE THAT HAS AN AREA SPECIFICALLY
DESIGNED TO BE USED BY THE PUBLIC FOR RECREATIONAL OR COMPETITIVE  BOWL-
ING.
  (C) "BOWLING SHOES" MEANS SHOES THAT ARE SPECIFICALLY DESIGNED FOR THE
PURPOSE OF RECREATIONAL OR COMPETITIVE BOWLING.
  (D)  "OPERATOR"  MEANS A PERSON THAT OWNS, MANAGES, CONTROLS, DIRECTS,
OR HAS THE RESPONSIBILITY OF OPERATING A BOWLING CENTER.
  2. NOTICES. AN OPERATOR SHALL POST A CONSPICUOUS NOTICE IN A CONSPICU-
OUS PLACE NEAR EACH ENTRANCE TO AND EXIT  FROM  A  BOWLING  CENTER  THAT
READS AS FOLLOWS:
  "DO  NOT  WEAR  BOWLING  SHOES  OUTSIDE. BOWLING SHOES ARE SPECIALIZED
FOOTWEAR FOR INDOOR USE ONLY. BOWLING SHOES WORN OUTSIDE MAY BE AFFECTED
BY SUBSTANCES OR MATERIALS INCLUDING BUT NOT LIMITED TO SNOW, ICE, RAIN,
MOISTURE, FOOD, OR DEBRIS THAT MAY CAUSE THE PERSON WEARING THE  BOWLING
SHOES  TO  SLIP,  TRIP,  STUMBLE, OR FALL ON THE FLOOR OR ALLEY SURFACES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08636-01-3

S. 4179                             2

INSIDE THE BOWLING CENTER. NEW YORK LAW MAKES A BOWLING  CENTER  POSTING
THIS NOTICE IMMUNE FROM LIABILITY FOR SUCH AN INJURY."
  3.  LIABILITY. (A) IF AN OPERATOR POSTS A NOTICE AS REQUIRED BY SUBDI-
VISION TWO OF THIS SECTION, THE OPERATOR IS NOT CIVILLY LIABLE FOR INJU-
RIES TO A BOWLER RESULTING FROM A SLIP, TRIP, STUMBLE,  OR  FALL  INSIDE
THE  BOWLING  CENTER  SUBSTANTIALLY CAUSED BY A SUBSTANCE OR MATERIAL ON
THE BOWLER'S BOWLING SHOES THAT WAS ACQUIRED OUTSIDE THE BOWLING  CENTER
BEFORE THE BOWLER ENTERED OR REENTERED THE BOWLING CENTER.
  (B) THE PROTECTION FROM LIABILITY UNDER THIS SECTION DOES NOT APPLY IF
THE INJURY RESULTS FROM ACTS OR OMISSIONS AMOUNTING TO WILLFUL OR WANTON
MISCONDUCT  OR  IF  THE  OPERATOR  FAILS  TO  MAINTAIN THE PREMISES IN A
REASONABLY SAFE CONDITION AND THE  CONDITION  SUBSTANTIALLY  CAUSES  THE
INJURY TO THE BOWLER.
  S 3. This act shall take effect immediately.

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