BILL ANALYSIS �
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THIRD READING
Bill No: SB 415
Author: Knight (R), et.al.
Amended: 1/22/14
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 1/14/14
AYES: Evans, Corbett, Jackson, Leno, Monning, Vidak
NO VOTE RECORDED: Anderson
SUBJECT : Space flight liability
SOURCE : Author
DIGEST : This bill clarifies that the waiver requirement
approved by AB 2243 (Knight, Chapter 416, Statutes of 2012)
shall not be construed to be contrary to the public policy of
this state.
ANALYSIS : Existing federal law encourages private sector
efforts to provide commercial space flight, provides for the
licensing of entities that provide space launch and reentry
services, and requires a license holder who provides space
launch and reentry services (space flight entities) 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.
Existing state law:
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1.Provides that everyone is responsible, not only for the result
of his/her willful acts, but also for an injury to another
caused by his/her lack of ordinary care or skill in the
management of his/her property or person, except so far as the
latter has, willfully or from lack of ordinary care, brought
the injury upon himself/herself.
2.Requires a space flight entity to provide a space flight
participant, at minimum and in addition to any language
required to be provided by federal law, warning of the
inherent risks associated with space flight for which there is
limited civil liability under California law, including, but
not limited to risk of bodily injury, including death,
emotional injury and property damage. The space flight entity
must obtain the participant's signature acknowledging the
statutory warning.
3.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.
4.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: (a) 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, as specified; and (b) the participant has given
his/her informed consent that he/she is voluntarily
participating in space flight activities after having been
informed of the risks associated with those activities, as
specified.
5.States that if the participant provides informed consent to
the inherent risks, pursuant to the above requirements, then
the participant, his/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,
are precluded from maintaining an action against, or recover
from, a space flight entity for a participant injury that
results from the risks associated with space flight
activities.
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6.Provides that a space flight entity remains subject to civil
liability if it:
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;
intentionally causes a participant injury; or
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.
7.Specifies that the above provisions providing for the limited
immunity of space flight entities shall not 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.
8.Provides specified definitions for "participant," "participant
injury," "space flight activities" and "space flight entity."
Specifically, defines "space flight entity" to mean 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, as specified, including, but not
limited to, a safety approval and a payload determination.
This bill clarifies that the current waiver, approved by AB 2243
shall not be construed to be contrary to the public policy of
this state.
Background
In order to promote the emerging commercial space flight
industry, various states, including Colorado, Florida, Texas,
New Mexico, and Virginia, enacted space flight limited civil
liability laws to protect space flight companies from potential
lawsuits brought by private citizens who participate in space
flights. In California, space flight liability legislation was
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first introduced in AB 2834 (Maze, 2007), but that bill was
never referred to a policy committee. Then, last year, the
Legislature passed AB 2243 (Knight, Chapter 416, Statutes of
2012), providing limited immunity from civil liability for space
flight entities in order to encourage the development of the
space flight industry in California. That bill, however, was
largely predicated on the assumption of risk doctrine and
incorporated requirements to ensure that the participant knew of
and knowingly consented to the risks of space flight.
Significantly, AB 2243 expressly stated that it would not limit
the liability of a manufacturer of a part or component used in
space flight activities if a defective part or component
proximately causes injury to the participant.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 1/21/14)
City of Lancaster
City of Palmdale Commercial Spaceflight Federation
Firestar Technologies, LLC
Greater Antelope Valley Association of Realtors
Mojave Air & Space Port
SpaceX
The Spaceship Company, LLC
Virgin Galactic
ARGUMENTS IN SUPPORT : According to the author, "[i]n order to
promote the emerging industry of private human space travel,
California needs to change current law to allow companies to
remain competitive with commercial spaceflight entities
nationwide. Strengthening the waivers in California is one step
closer to providing suppliers and manufacturers protection in
the event something goes wrong and additionally, to ensure the
state's competitive marketplace."
AL:d 1/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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