SENATE BILL 435

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

John Arthur Smith

AN ACT

RELATING TO TORT CLAIMS; EXPANDING THE DEFINITION OF "SPACE FLIGHT ENTITY"; EXTENDING LIMITED LIABILITY TO MANUFACTURERS AND SUPPLIERS.

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) is amended to read:

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

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

          B. "space flight activities" means launch services or reentry services as those terms are defined in 49 U.S.C. Section 70102. "Space flight activities" includes any operations licensed, permitted or authorized by the federal aviation administration of the United States department of transportation, including the issuance of a launch license and a launch site operator license and any activities involving operations of a launch, a launch vehicle, a launch site or reentry site, a reentry vehicle, launch services and reentry services as the same are defined by and set forth in the Commercial Space Launch Amendments Act of 2004 in 49 U.S.C. Section 70101, et seq.; and

          C. "space flight entity" means a public or private entity holding a [United States] federal aviation administration of the United States department of transportation launch, reentry, operator or launch site license for space flight activities or a license, permit or other authorization, including safety approvals and payload determinations, issued by the federal aviation administration, either directly to a corporation or to its subsidiaries or affiliates, for the purpose of engaging in space flight activities. "Space flight entity" includes a:

                (1) manufacturer of components for space vehicles;

                (2) manufacturer of space vehicles; or

                (3) supplier of space vehicles or components of space vehicles or services related to space vehicle launch, flight or reentry that was authorized by the issuance of a license, permit or other authorization by the federal aviation administration of the United States department of transportation to a corporation or its subsidiary or affiliate for the purpose of conducting space flight activities."

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