BILL ANALYSIS �
AB 2243
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2243 (Knight)
As Amended August 7, 2012
Majority vote
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|ASSEMBLY: |73-0 |(May 10, 2012) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: JUD.
SUMMARY : Provides qualified immunity from liability to a space
flight entity for injuries to a space flight participant, so
long as a written warning statement is provided to the
participant and the injury was not the result of space flight
entity's gross negligence or intentional acts, as specified.
Specifically, this bill :
1)Defines "space flight activity" to mean space launch and
reentry services, as those terms are defined by federal law.
Defines "space flight entity" to mean any public or private
entity that holds a federal license to provide space launch
and reentry services. Defines a space flight "participant" to
mean, consistent with federal law, any person, other than a
crew member, who is carried in a launch vehicle or reentry
vehicle.
2)Requires a space flight entity to have each space flight
participant sign a prescribed warning statement acknowledging
that the participant understands the inherent risks associated
with space flight activity, including death, and also
acknowledging that the space flight entity has limited
liability for injuries or damages sustained by a participant
as a result of these inherent risks.
3)Provides that a space flight entity shall not be liable for a
participant injury arising out of space flight activities if
both of the following apply:
a) The participant has been informed of the inherent risks
associated with space flight activities, pursuant to the
warning and acknowledgement described above.
b) The participant has given his or her informed consent
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that he or she is voluntarily participating in space flight
activities after having been informed of the risks
associated with those activities.
4)Specifies that if informed consent is given, pursuant to the
above, a participant, his or her representative, including
heirs, estate, or next-of-kin, or any person who attempts to
bring a claim on behalf of the participant, shall not be
authorized to maintain an action against, or recover from, a
space flight entity for injury, including death, that resulted
from the inherent risks associated with space flight activity.
5)Provides that nothing in this bill shall prevent or limit the
liability of a space flight entity if it does any of the
following:
a) 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.
b) Intentionally causes a participant injury.
c) 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
conditions proximately causes injury, damage, or death to
the participant.
6)Specifies that nothing in this bill shall be construed to
limit the legal 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.
7)Specifies that any limitation on legal liability afforded by
this section to a space flight entity is in addition to any
other limitations of legal liability otherwise provided by
law.
The Senate amendments:
1)Delete legislative findings and declarations.
2)Amend the prescribed warning statement to clarify that the
space flight entity has "limited" liability as opposed to "no"
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liability.
EXISTING LAW :
1)Promotes and encourages, under the federal Commercial Space
Launch Amendments Act of 2004, the use of the space
environment for peaceful purposes and private sector efforts
to provide commercial space flight services.
2)Provides, under federal law, for the licensing of persons or
entities who wish to provide space launch and reentry services
and requires, among other things, that the license holder
inform the space flight participant in writing about the risks
of the launch and reentry, including the safety record of the
launch or reentry vehicle type, and has informed the space
flight participant in writing of any relevant information
related to risk or probable loss during each phase of the
flight.
3)Provides that every person is responsible, not only for the
result of his or her willful acts, but also for an injury
caused to another by his or her want of ordinary care or skill
in the management of his or her property or person.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : None
COMMENTS : In 2004 Congress passed the Commercial Space Launch
Amendments Act of 2004 (CSLAA). This Act was designed to
"promote the development of the emerging commercial space flight
industry." CSLAA creates a licensing and regulatory regime
designed to foster the growth of this emerging industry; it also
recognizes that the inherent dangers of space travel, especially
at this early stage of development, creates liability and
litigation concerns that could potentially stymie this infant
industry. For example, under CSLAA the federal government
indemnified the industry for liability to injured third parties
through 2007; thereafter, the industry was required to obtain
liability insurance for injuries to third parties. However
protection from third party liability - e.g. property that might
be damaged if a space vehicle crashed on takeoff or reentry -
did not immunize commercial space flight providers for injuries
to passengers who participate in the commercial space flight.
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This bill - similar to laws recently enacted in Florida,
Virginia, Texas, and New Mexico - would limit the liability of
the commercial space flight industry for death or injury arising
out of the inherent risks of space flight, so long the
participant has informed of those risks and has signed a
prescribed statement acknowledging the he or she understands the
nature of the risk and the limits of the space flight entity's
liability for death or injury. Nothing in this bill would
prevent or limit the liability of a space flight entity for an
injury that is caused by gross negligence or a willful or
intentional act. The bill also specifies that the immunity
applies only to the provider of the space flight activity; it
does not apply to the manufacture of a part or component used in
space flight activities.
With the retirement of the U.S. space shuttle program, the
author claims that innovators in private industry are looking to
fill the void, but they are wary of civil suits if anyone is
harmed undertaking this inherently dangerous activity. By
providing this emerging industry with limited immunity for
injuries that result from the inherent risks of space flight,
the author hopes that this measure will ensure California's
place in the competitive marketplace.
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0004553