Amended in Senate January 6, 2014

Senate Bill No. 415

Introduced by Senator Knight

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(Coauthor: Senator Fuller)

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(Coauthors: Assembly Members Fox and Beth Gaines)

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February 20, 2013

An act to amend Section 2210 of begin insert , and to add Section 2213 to, end insert 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.

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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.

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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.

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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.

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(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.

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(c)

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begin insert (d) end insert  “Space flight activities” means launch services or reentry
services as defined in Section 50902 of Title 51 of the United
States Code.

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(d)

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begin insert (e) end insert  “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. begin delete “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. end delete

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begin insert SEC. 2. end insert   

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begin insert Section 2213 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

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begin insert 2213. end insert   

(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.

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