SENATE BILL 240

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO TORT CLAIMS; EXPANDING THE APPLICATION OF THE SPACE FLIGHT INFORMED CONSENT ACT; AMENDING THE CIRCUMSTANCES UNDER WHICH A SPACE FLIGHT ENTITY IS LIABLE UNDER THE SPACE FLIGHT INFORMED CONSENT ACT; REPEALING THE SUNSET PROVISION OF THE ACT.

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

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

     "41-14-1. SHORT TITLE.--[This act] Chapter 41, Article 14 NMSA 1978 may be cited as the "Space Flight Informed Consent Act"."

     SECTION 2. Section 41-14-2 NMSA 1978 (being Laws 2010, Chapter 8, Section 2) 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;

          [A.] D. "participant" means [a space flight participant as that term is defined in 49 U.S.C. Section 70102] 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;

          [B.] I. "space flight activities" means [launch services or reentry services as those terms are defined in 49 U.S.C. Section 70102; and]:

                (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

          [C.] 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 3. Section 41-14-3 NMSA 1978 (being Laws 2010, Chapter 8, Section 3) is amended to read:

     "41-14-3. [CIVIL IMMUNITY FOR SPACE FLIGHT ENTITIES] LIMITED LIABILITY.--

          A. Except as provided in Subsection B of this section, a space flight entity is not liable for injury to or death of a participant resulting from the inherent risks of space flight activities so long as the warning contained in Section [4 of the Space Flight Informed Consent Act] 41-14-4 NMSA 1978 is distributed and signed as required. Except as provided in Subsection B of this section, a participant or participant's representative may not maintain an action against or recover from a space flight entity for the loss, damage or death of the participant resulting exclusively from any of the inherent risks of space flight activities.

          B. Subsection A of this section does not prevent or limit the liability of a space flight entity if the space flight entity:

                (1) commits an act or omission that constitutes [gross negligence or] willful [or], wanton or reckless disregard for the safety of the participant and that act or omission proximately causes injury, damage or death to the participant;

                (2) has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the space flight activities and the danger proximately causes injury, damage or death to the participant; or

                (3) intentionally injures the participant.

          C. A space flight entity shall present to and file with the spaceport authority a certificate of insurance coverage in the amount of at least one million dollars ($1,000,000) that covers liability by the space flight entity for all space flight activities. No space flight entity that fails to satisfy the requirements of this section shall receive any of the protections afforded by the Space Flight Informed Consent Act.

          [C.] D. The limitation on legal liability provided to a space flight entity by the Space Flight Informed Consent Act is in addition to any other limitation of legal liability otherwise provided by law."

     SECTION 4. Laws 2010, Chapter 8, Section 5 is amended to read:

     "DELAYED REPEAL.--The Space Flight Informed Consent Act is repealed effective July 1,[2018] 2021."

- 6 -