BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2243|
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THIRD READING
Bill No: AB 2243
Author: Knight (R), et al.
Amended: 8/7/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 7/3/12
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Space flight: Space Flight Liability and
Immunity Act
SOURCE : Author
DIGEST : This bill provides a limited civil immunity to
space flight entities for injuries sustained by a space
flight participant if the entities meet certain
requirements; including warning the voluntary participant
of the inherent risks of space flight and obtaining the
participant's informed signed consent. This bill does not
provide immunity for injuries proximately caused by a space
flight entity that is grossly negligent, willfully or
wantonly disregards the safety of the participant,
intentionally causes injury, or has actual knowledge or
reasonably should have known of a dangerous condition, as
specified.
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ANALYSIS : Existing federal law encourages private sector
efforts to provide commercial space flight. (51 U.S.C.S.
Sec. 50901 et seq.)
Existing federal law provides for the licensing of entities
who provide space launch and reentry services. (51
U.S.C.S. Sec. 50905.)
Existing federal law requires a license holder who provides
space launch and reentry services to inform the space
flight participant in writing about the risks of the launch
and reentry and requires that the space flight participant
be informed in writing of relevant information related to
the risk or probable loss during each phase of the space
flight. (51 U.S.C.S. Sec. 50905(b)(5).)
Existing law provides that everyone is responsible, not
only for the result of his or her willful acts, but also
for an injury to another caused by his or her lack of
ordinary care or skill in the management of his or her
property or person, except so far as the latter has,
willfully or from lack of ordinary care, brought the injury
upon himself or herself. (Civil Code Sec. 1714(a).)
This bill requires a space flight entity to provide, in
addition to any language required to be provided by federal
law, a space flight participant with the following warning
of inherent risks associated with space flight:
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
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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.
This bill requires the space flight entity to obtain the
participant's written acknowledgment of this warning.
This bill provides that a space flight entity's failure to
comply with the written warning and consent requirements
above shall prevent the space flight entity from invoking
the limited immunity provided in this bill.
This bill provides the following definitions:
"participant" means a space flight participant as defined
in Section 50902 of Title 51 of the United States Code;
"participant injury" means a bodily injury, including
death, emotional injury, or property damage, sustained by
the participant;
"space flight activities" means launch services or
reentry services; and
"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.
This bill provides that a space flight entity shall not be
liable for participant injury arising out of space flight
activities if both of the following apply: (1) the
participant has been informed of the risks associated with
space flight activities as required by federal law and the
written warning and consent requirements contained in this
bill; and (2) the participant has given his or her informed
consent that he or she is voluntarily participating in
space flight activities after having been informed of the
risks associated with those activities, as required by
federal law and the provisions of the bill.
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This bill provides that if the participant provides
informed consent to the inherent risks specified in the
warning, then a participant, his or her representative,
including the heirs, administrators, executors, assignees,
next of kin, and estate of the participant, or any person
who attempts to bring a claim on behalf of the participant
for a participant injury, shall not be authorized to
maintain an action against, or recover from, a space flight
entity for a participant injury that results from the risks
associated with space flight activities.
This bill provides that a space flight entity is still
subject to civil liability if the space flight entity does
any of the following:
1. Commits an act or omission that constitutes gross
negligence or willful or wanton disregard for the safety
of the participant, and that act or omission proximately
causes a participant injury;
2. Intentionally causes a participant injury; or
3. Has actual knowledge or reasonably should have known of
a dangerous condition on the land or in the facilities
or equipment used in space flight activities and the
dangerous condition proximately causes injury, damage,
or death to the participant.
This bill specifies that any limitation on legal liability
afforded by this bill to a space flight entity is in
addition to any other limitations of legal liability
otherwise provided by law.
This bill specifies that it shall be construed to limit the
liability of a manufacturer of a part or component used in
space flight activities if a defective part or component
proximately causes an injury to the participant.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/7/12)
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Commercial Spaceflight Federation
Mojave Air & Space Port
The Spaceship Company
Virgin Galactic
ARGUMENTS IN SUPPORT : According to the author:
The first human entered space over 50 years ago, a
pursuit that was decades in the making. Every
astronaut since has assumed the immense risk involved
in being hurled into orbit to further human
development through the exploration of countless
scientific experiments producing everything from new
consumer products and the expansion of communications
to cures for diseases. Human space flight has been
carried-out exclusively by government spaces agencies
of the United States and Russia, with expertise
provided by the private sector. With the retirement
of the U.S. space shuttle program, innovators in
private industry have developed new forms of space
transportation vehicles and are being looked upon to
fill the void of manned space flight. Undoubtedly,
however, they face the risk of civil suits if anyone
is harmed undertaking this inherently dangerous
activity.
In order to promote the emerging industry of private
human space travel, California must provide innovators
with regulatory latitude and limited indemnification
from civil liability to ensure the state's competitive
marketplace.
Supporters of this bill assert that the commercial space
flight industry feels vulnerable to law suits that may
arise if passengers are injured or die during commercial
space flight. Indeed, the commercial space flight industry
is working to get state laws passed that limit their
liability for participants injured as a result of the
inherent risks associated with commercial space flight.
Since California is an industry leader in commercial
spaceflight and home to the nation's first licensed
commercial spaceport, housed in Mojave, proponents of the
bill argue that California must enact similar legislation
to remain competitive and not lose industry jobs to the
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other states that have enacted limited civil liability laws
for commercial space flight.
Virgin Galactic and The Spaceship Company, in support,
assert that "the human spaceflight industry and the jobs it
creates require sensible regulation governing liability."
Further, they argue that "the net effect of AB 2243 will be
to provide �their companies] with important assurances that
are already offered by a growing number of competing states
? and ensure that California remains a center of American
aerospace leadership." They also assert that their
"companies have invested �since 2005] approximately $200
million in California, and created or supported roughly 500
high quality jobs in the state."
Mojave Air & Space Port, also in support, argues that time
"is of the essence" and California "must take all means to
insure barriers such as civil liability litigation does not
hinder the efforts of those that strive to innovate."
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
RJG:nl 8/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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