BILL NUMBER: SB 415	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Knight
    (   Coauthor:   Senator   Fuller
  ) 
    (   Coauthors:   Assembly Members 
 Fox   and Beth Gaines   ) 

                        FEBRUARY 20, 2013

   An act to amend Section 2210 of  , and to add Section 2213 to,
 the Civil Code, relating to civil liability.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, as amended, Knight. Space flight liability.
   The Space Flight Liability and Immunity Act requires a space
flight entity, as defined, to collect a signed warning statement from
each participant in space flight activities. The warning statement
is required to inform the participant that there is limited civil
liability for bodily injury sustained as a result of the inherent
risks associated with space flight activities. The act limits the
liability of a space flight entity that complies with these
provisions. 
    This bill would require a space flight entity to enter into a
reciprocal waiver of claims with its contractors, subcontractors,
customers, participants, and contractors and subcontractors of the
customers or participants, as specified.  
   This bill would include a manufacturer or supplier of components,
services, or vehicles that have been reviewed by the United States
Federal Aviation Administration as part of issuing a license, permit,
or other authorization pursuant to specified provisions of federal
law relating to commercial space launch activities as a space flight
entity with limited liability for any participant injury. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2210 of the Civil Code is amended to read:
   2210.  For purposes of this article:
   (a) "Participant" means a space flight participant as defined in
Section 50902 of Title 51 of the United States Code.
   (b) "Participant injury" means a bodily injury, including death,
emotional injury, or property damage, sustained by the participant.

   (c) "Reciprocal waiver of claims" means an agreement between
parties under which each party waives and releases claims against all
the other parties to the waiver and agrees to assume financial
responsibility for those claims.  
   (c) 
    (d)  "Space flight activities" means launch services or
reentry services as defined in Section 50902 of Title 51 of the
United States Code. 
   (d) 
    (e)  "Space flight entity" means any public or private
entity that holds, either directly or through a corporate subsidiary
or parent, a license, permit, or other authorization issued by the
United States Federal Aviation Administration pursuant to Chapter 509
(commencing with Section 50901) of Subtitle V of Title 51 of the
United States Code, including, but not limited to, a safety approval
and a payload determination.  "Space flight entity" shall
also include a manufacturer or supplier of components, services, or
vehicles that have been reviewed by the United States Federal
Aviation Administration as part of issuing a license, permit, or
other authorization pursuant to Chapter 509 (commencing with Section
50901) of Subtitle V of Title 51 of the United States Code. 

   SEC. 2.    Section 2213 is added to the  
Civil Code   , to read:  
   2213.  (a) A space flight entity shall enter into a reciprocal
waiver of claims with its contractors, subcontractors, customers,
participants, and contractors and subcontractors of the customers or
participants, involved in space flight activities.
   (b) Under a reciprocal waiver of claims, each party to the waiver
shall agree to be responsible for property damage or loss it
sustains, or for personal injury to, death of, or property damage or
loss sustained by its employees resulting from space flight
activities.
   (c) Nothing in this section shall prevent or limit the liability
of a space flight entity for actions described in subdivision (c) of
Section 2212.