ENROLLEDSFAHB1098 539 4498 SENATE FLOOR AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Senator Talbot to Reengrossed House Bill No.

1098 BYby REPRESENTATIVESRepresentative MCFARLANDMcFarland ANDAMENDMENT CHASSIONNO. AN ACT To enact R.S.

9:2800.31,1 relativeOn topage limitation1, ofline liability11, forafter aerospace"of" flightand entitiesbefore "launch" delete "a" and aerospaceactivities;insert "an aeronautic or astronautic" AMENDMENT NO.

2 On page 1, line 17, change "space" to provide"aerospace" forAMENDMENT exceptions;NO.

3 On page 2, line 2, change "space" to provide"aerospace" fordefinitions;AMENDMENT NO.

to4 provideOn forpage an2, effectiveline date;6, after "from" and before "nuisance" insert "negligence," AMENDMENT NO.

and5 toOn providepage for2, relatedat matters.the beginning of line 13, before "flight" insert "aerospace" AMENDMENT NO.

Be6 itOn enactedpage by2, theline Legislature15, ofchange Louisiana:"any" to "either" AMENDMENT NO.

Section7 1.On page 2, delete lines 21 through 24 Page 1 of 1

R.S.

9:2800.31 is hereby enacted to read as follows:

§2800.31.

Aerospace flight entities and activities;

limitation of liability A.

For purposes of this Section, the following definitions apply:

(1) "Aerospace flight activities" mean any act or activity related to the research,development,testing,manufacture,preparation,launch,operation,reentry, descent, landing, or post-landing recovery of an aeronautic or astronautic launch vehicle, craft, payload, or related equipment, including but not limited to fueling, integration,conditioning,andtransporting,includingbutnotlimitedtothetransport of goods and persons, and any associated ground support operations, whether conducted on-site or involving overflight.

(2) "Aerospace flight entity" means any person, corporation, partnership, limitedliabilitycompany,oranyotherentitythatconductsaerospaceflightactivities and, to the extent required byfederal law, holds or operates anywhere under a valid FederalAviationAdministrationlicense,experimentalpermit,orotherauthorization fortherelevantactivitiesrequiringsuchalicense.

This alsoincludesanyemployee, officer, director, agent, contractor, manufacturer,supplier, or vendor of such entity, any owner or lessor of immovable property used for aerospace flight activities, and Page 1 of 3 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

1098 ENROLLED any political subdivision or public entity with a contractual or operational relationship facilitating such activities.

B.

Notwithstanding anyother provision oflawto thecontrary,noaerospace flightentitythatownsandoccupiesaminimumoftwentythousandcontiguousacres in this state shall be liable for any cause of action arising from nuisance, trespass, inverse condemnation, strict liability, or any other claim based upon noise, sonic booms, overflight, vibration, light, heat, exhaust, smoke, odor, visual intrusion, temporary access restrictions, or any other disturbance resulting from aerospace flight activities.

C.

An aerospace flight entity shall not be liable to any aerospace flight participant for anyinjuryor damages resultingfrom aerospaceflight activities if the aerospace flight participant has signed an agreement and given written consent as required by 51 U.S.C.

50905.

D.

The limitations provided in this Section do not apply to any of the following:

(1) The gross negligence or willful or wanton misconduct of the aerospace flight entity.

(2) Intentional injury caused by the aerospace flight entity to the aerospace flight participant.

(3) A violation of a condition of a Federal Aviation Administration license, experimental permit, or federal authorization, (4) Injury to persons or property caused by falling debris that exceeds the normal risk associated with aerospace flight activities.

E.

Areciprocalwaiverofclaimsbetweenpartiesengagedinaerospaceflight activities under Federal Aviation Administration Regulations (14 CFR 440.17) is effective and enforceable in this state, including waiver by a contractor, subcontractor, or customer of anypartyparticipating in an aerospace flight activity.

F.

An aerospace flight entity is presumed to be acting lawfully if the aerospace activity is conducted in substantial compliance with applicable federal, state, and local licenses, permits, or authorizations.

Page 2 of 3 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

1098 ENROLLED Section 2.

This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.