HOUSE BILL 68

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Dayan Hochman-Vigil

 

 

 

 

 

AN ACT

RELATING TO TORT CLAIMS; EXPANDING DEFINITIONS IN THE SPACE FLIGHT INFORMED CONSENT ACT; MAKING THE PROVISIONS OF THE SPACE FLIGHT INFORMED CONSENT ACT PERMANENT BY ELIMINATING THE DELAYED REPEAL IN LAWS 2013, CHAPTER 131, SECTION 4.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 41-14-2 NMSA 1978 (being Laws 2010, Chapter 8, Section 2, as amended) is amended to read:

     "41-14-2. DEFINITIONS.--As used in the Space Flight Informed Consent Act:

          A. "crew" means an employee of a space flight entity who performs activities in the course of that employment directly relating to the launch, reentry or other operation of or in a launch vehicle or reentry vehicle that carries human beings;

          B. "launch" means placing or trying to place a launch vehicle or reentry vehicle and any payload, crew or participant in a suborbital trajectory, in earth orbit in outer space or otherwise in outer space. "Launch" includes activities involved in the preparation of a launch vehicle or payload for launch when those activities take place at a launch site in New Mexico;

          C. "launch vehicle" means:

                (1) a vehicle built to operate in, or place a payload or human beings in, outer space; or

                (2) a [suborbital rocket] vehicle built to operate in, or transport a payload or human being by, suborbital flight;

          D. "participant" means an individual who is not crew and who is carried within a launch vehicle or reentry vehicle;

          E. "participant injury" means an injury sustained by a participant, including bodily injury, emotional distress, death, property damage or any other loss arising from the participant's participation in space flight activities;

          F. "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object;

          G. "reenter" or "reentry" means to purposefully return or attempt to return a reentry vehicle and its payload, crew or participants from earth orbit or from outer space to earth;

          H. "reentry vehicle" means a vehicle, including a reusable launch vehicle, designed to return from earth orbit or outer space to earth substantially intact;

          I. "space flight activities" means:

                (1) activities, including crew training, involved in the preparation of a launch vehicle, payload, crew or participant for launch;

                (2) the conduct of a launch;

                (3) activities, including crew training, involved in the preparation of a reentry vehicle and payload, crew or participant; and

                (4) the conduct of a reentry; and

          J. "space flight entity" means:

                (1) a public or private entity holding a United States federal aviation administration launch, reentry, operator or launch site license, permit or other authorization for space flight activities; or

                (2) a manufacturer or supplier of components, services or vehicles used by the entity that has been reviewed by the United States federal aviation administration as part of issuing such a license, permit or authorization."

     SECTION 2. REPEAL.--Laws 2013, Chapter 131, Section 4 is repealed.

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