BILL NUMBER: SB 415	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 22, 2014
	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,   2211 of  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.
 include in the warning statement provisions a
prohibition against construing those provisions to be contrary to the
public policy of this state. 
   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 2211 of the   Civil
Code   is amended to read: 
   2211.  (a) A space flight entity providing space flight activities
to a participant shall have each participant sign a warning
statement that shall contain, at a minimum, and in addition to any
language required by federal law, the following notice:

   "WARNING AND ACKNOWLEDGMENT: I understand and acknowledge that,
under California law, there is limited civil liability for bodily
injury, including death, emotional injury, or property damage,
sustained by a participant as a result of the inherent risks
associated with space flight activities provided by a space flight
entity. I have given my informed consent to participate in space
flight activities after receiving a description of the inherent risks
associated with space flight activities, as required by federal law
pursuant to Section 50905 of Title 51 of the United States Code and
Section 460.45 of Title 14 of the Code of Federal Regulations. The
consent that I have given acknowledges that the inherent risks
associated with space flight activities include, but are not limited
to, risk of bodily injury, including death, emotional injury, and
property damage. I understand and acknowledge that I am participating
in space flight activities at my own risk. I have been given the
opportunity to consult with an attorney before signing this
statement."

   (b) Failure to comply with the requirements provided in this
section shall prevent a space flight entity from invoking the
privileges of immunity provided by Section 2212. 
   (c) Nothing in this section shall be construed to be contrary to
the public policy of this state.  
  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.
   (d) "Space flight activities" means launch services or reentry
services as defined in Section 50902 of Title 51 of the United States
Code.
   (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.  
  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.