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REFERENCE TITLE: limited liability; space flight activities |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2163 |
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Introduced by Representatives Orr, Cardenas, Dial, Sherwood, Steele: Borrelli, Livingston
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AN ACT
AMENDING TITLE 12, CHAPTER 5, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 12-558; RELATING TO SPACE FLIGHT LIABILITY.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 12-558, to read:
12-558. Limited liability; space flight activities; definitions
A. Except as provided in subsection B of this section, a space flight entity is not liable to any person for a space flight participant's injury that arises out of space flight activities if the space flight participant signs a liability release agreement as prescribed in subsection C of this section.
B. This section does not limit liability for a space flight participant's injury that is either:
1. Proximately caused by the space flight entity's gross negligence evidencing wilful or wanton disregard for the safety of the space flight participant.
2. Intentionally caused by the space flight entity.
C. A space flight entity may require a space flight participant to sign a liability release agreement as a condition of participation in any space flight activity. The participant shall sign the liability release agreement before participation in space flight activities begins. the liability release agreement must include the following language:
Agreement and warning
I understand and acknowledge that a space flight entity is not liable for a space flight participant's injury that may include injury, damages or death of a space flight participant resulting from space flight activities. I understand that I have accepted all risk of injury, damages or death and any other loss that may result from space flight activities. I understand that I am willing and able to accept full responsibility for my own safety and welfare and release the space flight entity and its owners, lessees, agents and operators from liability.
D. A liability release agreement under subsection C of this section is effective and enforceable if it is all of the following:
1. In writing and printed in not less than ten point type.
2. A separate document from any other agreement between the space flight participant and the space flight entity.
3. Signed by the space flight participant and a competent witness.
E. For the purposes of this section:
1. "Crew" means an employee of a space flight entity or a space flight entity contractor, licensee or agent who performs space flight activities.
2. "Launch" means a placement or attempted placement of a launch vehicle and any spacecraft, payload, crew or space flight participant in a suborbital trajectory, earth orbit or outer space, including activities involved in the preparation of a launch vehicle or spacecraft for launch.
3. "Launch vehicle" means a vehicle and its stages or components that are designed to operate in or place spacecraft, if any, in a suborbital trajectory, earth orbit or outer space.
4. "Reentry" means a return or attempted return to earth of a launch vehicle, a reentry vehicle and the spacecraft, payload, crew or space flight participant from a suborbital trajectory, earth orbit or outer space and includes activities involved in the recovery of a launch vehicle, reentry vehicle or spacecraft.
5. "Spacecraft" means any object and its components that are designed to be launched for operations in a suborbital trajectory, in earth orbit or in outer space and includes a satellite, a payload, an object carrying crew or a space flight participant and any subcomponents of the launch vehicle or reentry vehicle that are specifically designed or adapted for that object.
6. "Space flight activities" means activities and training in any phase of preparing for and undertaking space flight, including:
(a) The research, development, testing or manufacturing of a launch vehicle, reentry vehicle or spacecraft.
(b) The preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant for launch, space flight and reentry.
(c) The conduct of the launch.
(d) Conduct occurring between the launch and reentry.
(e) The preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant for reentry.
(f) The conduct of reentry and descent.
(g) The conduct of the landing.
(h) The conduct of postlanding recovery of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant.
7. "Space flight entity" means a person that conducts space flight activities and that has obtained the appropriate federal aviation administration license or other authorization, including safety approval and a payload determination, and includes any of the following:
(a) A manufacturer or supplier of components, services, spacecrafts, launch vehicles or reentry vehicles used by the entity and reviewed by the federal aviation administration as part of issuing the license or other authorization.
(b) An employee, officer, director, owner, stockholder, member, manager, advisor or partner of the entity, manufacturer or supplier.
(c) An owner or lessor of real property where space flight activities are conducted, including a municipality, county or political subdivision of this state with a contractual relationship with a space flight entity.
(d) A municipality, county, economic development organization or other political subdivision in the territory or extraterritorial jurisdiction in which space flight activities are conducted.
8. "Space flight participant" means an individual who is not crew and who participates in space flight activities.
9. "Space flight participant's injury" means an injury sustained by a space flight participant and includes bodily injury, emotional distress, death, disability, property damage or any other loss arising from the individual's participation in space flight activities.