Amended in Senate January 22, 2014

Amended in Senate January 6, 2014

Senate Bill No. 415

Introduced by Senator Knight

(Coauthor: Senator Fuller)

(Coauthors: Assembly Members Fox and Beth Gaines)

February 20, 2013

An act to amend Section begin delete 2210 of, and to add Section 2213 to, end delete begin insert 2211 of 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.

This bill would begin delete 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. end delete begin insert include in the warning statement provisions a prohibition against construing those provisions to be contrary to the public policy of this state. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2211 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

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.

begin insert

(c) Nothing in this section shall be construed to be contrary to
the public policy of this state.

end insert

begin delete

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.

end delete