 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
space flight activities; release agreement
Purpose
Allows a space flight entity to enter into a liability release agreement with crew members.
Background
A space flight entity (entity) is a person that conducts space flight activities and has obtained the appropriate Federal Aviation Administration (FAA) license or other authorization, including safety approval and payload determination. An entity includes: 1) a manufacturer or supplier of components, services, spacecrafts, launch vehicles or reentry vehicles used by the entity and reviewed by the FAA as a part of issuing the license or other authorization; 2) an employee, officer, director, owner, stockholder, member, manager, advisor or partner of the entity, manufacturer or supplier; 3) an owner or lessor of real property where space flight activities are conducted; and 4) a political subdivision in the territory or extraterritorial jurisdiction in which space flight activities are conducted.
A space flight participant (participant) is an individual who is not crew and participates in space flight activities. Crew means an employee of an entity or an entity contractor, licensee or agent who performs space flight activities.
A launch is 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.
Statute states that an entity may enter into a liability release agreement with a participant to limit the entity's civil liability for a participant's injury that arises out of space flight activities. Space flight participant's injury means an injury sustained by a 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 (A.R.S. § 12-558).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an entity to enter into a liability release agreement with crew to limit the entity's civil liability for injury arising out of space flight activities.
2. Limits the definition of launch to a placement or attempted placement of a launch vehicle and any spacecraft, payload, crew or participant in a flight path targeted to exceed an altitude of 60,000 feet.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes required language for a warning and liability release agreement between an entity and a participant or crew.
2. Removes requirements for the format of a warning and liability release agreement between an entity and a participant or crew.
3. Removes the stipulation that an agreement between an entity and a participant or crew is effective and enforceable against the heirs, executors, administrators, successors and assignees of the participant or crew regarding a warning and liability release agreement.
4. Removes specified exceptions to a release from liability of injury for an entity.
5. Removes the legislative intent clause.
House Action Senate Action
COM 2/12/19 DPA 9-0-0-0 JUD 3/21/19 DPA 6-0-1
3rd Read 2/25/19 60-0-0
Prepared by Senate Research
March 22, 2019
JA/RC/kja