Bill Text: AZ HB2423 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Space flight activities; release agreement
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Passed) 2019-04-16 - Chapter 91 [HB2423 Detail]
Download: Arizona-2019-HB2423-Introduced.html
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REFERENCE TITLE: space flight activities; release agreement |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2423 |
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Introduced by Representatives Weninger: Blackman, Cobb, Dunn, Fernandez, Finchem, Grantham, Osborne, Peten, Petersen, Shope, Senators Gowan, Kerr
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AN ACT
amending section 12‑558, Arizona Revised Statutes; relating to space flight activities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-558, Arizona Revised Statutes, is amended to read:
12-558. Warning and liability release agreement; space flight activities; definitions
A. 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 space flight participant's injury that arises out of space flight activities. The warning and liability release agreement must include the following language:
WARNING AND liability release agreement
under Arizona law there is limited civil liability for injury, death or other loss resulting from any inherent risks of space flight activities. The inherent risks of space flight activities include the potential for serious bodily injury, sickness, permanent disability, paralysis and loss of life, exposure to extreme conditions and circumstances, accidents, contact or collision with other space flight participants, space flight vehicles and equipment and dangers arising from adverse weather conditions and equipment failure.
I understand and acknowledge that by signing this warning and liability release agreement, I have expressly accepted and assumed all risks and responsibilities for injury, death and other loss that may result from the inherent risks associated with participation in space flight activities. I further understand and agree that by signing this warning and liability release agreement, I have expressly waived all claims of my heirs, executors, administrators, successors and assignees for any injury, death and other loss that may result from my participation in space flight activities due to the inherent risks associated with participation in space flight activities.
Further warning: Do not sign unless you have read and understood this warning and agreement.
B. The warning and liability release agreement is valid and enforceable if it is:
1. in writing.
2. In a document that is separate and apart from any other agreement between the space flight participant and the space flight entity other than a warning, consent or assumption of risk statement.
3. Printed in capital letters that are not less than ten‑point bold type.
4. Signed by the space flight participant.
5. Signed by a competent witness.
6. Provided to the space flight participant at least twenty‑four hours before the space flight participant participates in any space flight activity.
C. A warning and liability release agreement that complies with the requirements of this section:
1. Is effective and enforceable against the heirs, executors, administrators, successors and assignees of the space flight participant with respect to a space flight entity's civil liability or criminal responsibility for a space flight participant's injury.
2. Does not limit liability for a space flight participant's injury that is either:
(a) Proximately caused by the space flight entity's gross negligence that evidences a wilful or wanton disregard for the safety of the space flight participant.
(b) Intentionally caused by the space flight entity.
3. Is not unconscionable or against public policy.
C. D. 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.
Sec. 2. Intent
The legislature intends to promote commercial space flight activities in southern Arizona through the launch of small space orbital devices and to promote the creation of infrastructure of space ports in southern Arizona to increase economic development.
