ARIZONA HOUSE OF REPRESENTATIVES

HB 2423: space flight activities; release agreement

PRIME SPONSOR: Representative Weninger, LD 17

BILL STATUS: House Engrossed 

Overview

Adds certain requirements for a space flight warning and liability release agreement to be valid and enforceable.

History

The Office of Commercial Space Transportation oversees, authorizes, and regulates both launches and reentries of launch and reentry vehicles, and the operation of launch and reentry sites that are carried out U.S. citizens or within the United States.

Pursuant to A.R.S. § 12-558, a space flight entity may enter into a liability release agreement with a space flight participant to limit the entity's civil liability for a participant's injury that arises out of space flight activities.

A space flight entity is 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.

Space flight participant's injury is an injury sustained by a space flight participant and includes bodily injury, emotional distress, death, disability, property damage or any other loss arising from participation in space flight activities.

Provisions

Warning and Liability Release Agreements for Space Flights (Sec. 1)

1. Requires a release agreement to contain specified language.

2. Stipulates the release agreement is valid and enforceable if the agreement is:

a. In writing;

b. In a separate document other than a warning, consent, or assumption of risk agreement;

c. Printed in capital letters that are not less than ten-point bold type;

d. Signed by a space flight participant or crew and a competent witness; and

e. Provided to the space flight participant or crew at least 24-hours prior to the space flight activity.

3. Asserts valid and enforceable release agreements:

a. Are effective and enforceable against certain persons of the space flight participant or crew;

b. Do not limit liability for a space flight participant's or crew's injury that are either:

i. Proximately caused by the space flight entity's gross negligence; or

ii. Intentionally caused by the space flight entity; and

c. Are not unconscionable or against public policy.

4. Modifies the definition of launch. (Sec. 1)

5. Contains an intent clause. (Sec. 2)

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9. Fifty-fourth Legislature                       HB 2423

10. First Regular Session                            Version 3: House Engrossed

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