HOUSE BILL No. 5486 January 21, 1998, Introduced by Rep. Whyman and referred to the Committee on Judiciary. A bill to amend 1988 PA 389, entitled "Roller skating safety act of 1988," by amending sections 2, 3, 4, 5, and 6 (MCL 445.1722, 445.1723, 445.1724, 445.1725, and 445.1726). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. As used in this act: 2 (a) "Emergency personnel" means police, fire, or other 3 appropriate emergency medical personnel. 4 (b) "Operator" means a person or entity who owns or controls 5 or who has operational responsibility for a roller skating 6 center. 7 (c) "Roller skater" means a person wearing roller skates 8 while that person is in a roller skating center for the purpose 9 of roller skating. 04993'97 FDD 2 1 (d) "Roller skating center" means a building, facility, or 2 premiseswhichTHAT provides an area specifically designed to 3 be used for roller skating OR SKATEBOARDING by the public. 4 (E) "SKATEBOARDER" MEANS A PERSON OPERATING A SKATEBOARD 5 WHILE THAT PERSON IS IN A ROLLER SKATING CENTER FOR THE PURPOSE 6 OF SKATEBOARDING. 7 (F)(e)"Spectator" means a person who is present in a 8 roller skating center only for the purpose of observing ROLLER 9 skating OR SKATEBOARDING activity, whether recreational or 10 competitive. 11 Sec. 3. Each roller skating center operator shall do all of 12 the following: 13 (a) Post the duties of roller skaters, SKATEBOARDERS, and 14 spectators as prescribed in this act and the duties, obligations, 15 and liabilities of operators as prescribed in this act in con- 16 spicuous places. 17 (b) Comply with the safety standards specified in the roller 18 skating rink safety standards published by the roller skating 19 rink operators association, (1980). 20 (c) Maintain roller skating equipment,androller skating 21 surfaces, SKATEBOARD EQUIPMENT, AND SKATEBOARDING SURFACES 22 according to the safety standards cited in subdivision (b). 23 (d) Maintain the stability and legibility of all required 24 signs, symbols, and posted notices. 25 Sec. 4. While in a roller skating area, each roller skater 26 OR SKATEBOARDER shall do all of the following: 04993'97 3 1 (a) Maintain reasonable control of his or her speed and 2 course at all times. 3 (b) Read all posted signs and warnings. 4 (c) Maintain a proper lookout to avoid other roller skaters, 5 SKATEBOARDERS, and objects. 6 (d) Accept the responsibility for knowing the range of his 7 or her own ability to negotiate the intended direction of travel 8 while on roller skates OR WHILE OPERATING A SKATEBOARD and to 9 ROLLER skate OR SKATEBOARD within the limits of that ability. 10 (e) Refrain from acting in a mannerwhichTHAT may cause 11 injury to others. 12 Sec. 5. Each person who participates in roller skating OR 13 SKATEBOARDING accepts the danger thatinheresIS INHERENT in 14 that activityinsofar asTO THE EXTENT THAT the dangers are 15 obvious and necessary. Those dangers include, but are not 16 limited to, injuries that result from collisions with other 17 roller skaters, OTHER SKATEBOARDERS, or other spectators, inju- 18 ries that result from falls, and injurieswhichTHAT involve 19 objects or artificial structures properly within the intended 20 travel of the roller skaterwhichOR SKATEBOARDER THAT are not 21 otherwise attributable to the operator's breach of his or her 22 common law duties. 23 Sec. 6. A roller skater, SKATEBOARDER, spectator, or opera- 24 tor who violates this actshall beIS liable in a civil action 25 for damages for that portion of the loss or damage resulting from 26 the violation. 04993'97 Final page. FDD