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ENROLLED
ACT No. 5842026 Regular Session
HOUSE BILL NO. 1175
BY REPRESENTATIVE TURNER
1 AN ACT
2 To amend and reenact R.S. 2:1(2), (3), (6) through (10), (16), (21), and (23) and to enact
3 R.S. 2:1(28) through (36), relative to aerospace facilities and aerospace activities; to
4 provide for definitions; to direct the Louisiana State Law Institute to alphabetize and
5 renumber definitions; to provide for an effective date; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 2:1(2), (3), (6) through (10), (16), (21), and (23) are hereby amended
9 and reenacted and R.S. 2:1(28) through (36) are hereby enacted to read as follows:
10 §1. Definitions
11 For the purposes of this Title, the following definitions shall apply:
12 * * *
13 (2) "Aeronautics" means the act or practice of the art and science of
14 transportation by any activity that involves, makes possible, or is required for the
15 operation of an aircraft, or that contributes to or is required for the safety of such
16 operation, including and the research, development, testing, operation operations,
17 manufacture, construction, repair, or maintenance of aircraft, airports, landing fields,
18 landing strips, air navigation facilities, or air instruction.
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1 (3) "Aircraft" means any contrivance or object and its components now
2 known or hereafter invented, used, or designed for navigation of, or flight in, the air,
3 including rockets, spacecraft, launch and reentry vehicles, and any subparts of the
4 launch vehicle specifically designed or adapted for that contrivance or object.
5 * * *
6 (6) "Airman" means any person, including the one in command, and any
7 pilot, mechanic or member of the crew, who engages in the navigation of aircraft
8 while under way, and, any person who is in charge of the inspection performs
9 inspections, overhauling overhauls, or repair of repairs aircraft, and any individual
10 who served in the capacity of serves as an aircraft dispatcher or air traffic control
11 tower operator, and any person who otherwise performs activities relating to the
12 takeoff, launch, reentry, or landing of aircraft.
13 (7) "Air navigation" means the operation or navigation of aircraft in the
14 airspace space over the lands and waters of the state of Louisiana.
15 (8) "Air navigation facility" means any facility, other than facilities owned
16 or operated by the United States, used, or available or designed for use, in aid of air
17 navigation, including any structures, mechanisms, lights, beacons, markers,
18 communicating systems, or other facilities used or useful as an aid, or constituting
19 an advantage or convenience, to the safe taking off, launch, navigation, reentry, and
20 landing of aircraft, or the safe and efficient operation or maintenance of an airport.
21 * * *
22 (9) "Airport" means any area of land or water, except a restricted landing
23 area, or aerospace facility which is designed for the landing, and takeoff, launch, and
24 reentry of aircraft, whether or not facilities are provided for the sheltering, servicing,
25 or repairing of aircraft or for receiving or discharging passengers or cargo; all
26 appurtenant areas used or suitable for airport buildings or other airport aeronautical
27 facilities; and all appurtenant rights of way including easements through or other
28 interests in air space over land or water and other protection privileges, the
29 acquisition or control of which is necessary to insure safe approaches to the landing
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1 areas and efficient operation thereof; and all areas necessary to ensure the safety of
2 the aeronautical activities conducted therein.
3 (10) "Airport hazard" means any structure, object of natural growth, or use
4 of land, which obstructs the air space required for the flight of aircraft in landing,
5 launching, or taking off at any airport or restricted landing area or is otherwise
6 hazardous to such landing, launch, or taking off.
7 * * *
8 (16) "Director" means the Assistant Secretary, Office of Aviation, secretary
9 of the Louisiana Department of Transportation and Development.
10 * * *
11 (21) "Political subdivision" means any parish, city, town, village, city and
12 parish, public corporation, district, or other political entity or public corporation of
13 this state.
14 * * *
15 (23) "Restricted landing area" means any area of land, water, or both, which
16 is used or is made available for the landing, launch, and takeoff of aircraft, the use
17 of which shall, except in case of emergency, be only as provided from time to time
18 by the department.
19 * * *
20 (28) "Aerospace facility" includes the following:
21 (a) An area intended to be used for aerospace flight activities for the transport
22 of goods or persons.
23 (b) An area intended to be used for aerospace flight activities.
24 (c) An aerospace building or facility located in an area reasonably proximate
25 to a launching or landing area.
26 (d) An area reasonably proximate to a launch vehicle or aerospace craft in
27 an area that is intended for use for an aerospace building or facility.
28 (e) Any property, including a temporary protection zone, necessary to ensure
29 public safety related to the conduct of aerospace flight activities.
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1 (29) "Aerospace flight activities" means any act or activity related to the
2 research, development, testing, manufacture, preparation, launch, operation, reentry,
3 descent, landing, or post-landing recovery of a launch vehicle, aerospace craft,
4 payload, or related equipment, including but not limited to fueling, integration,
5 conditioning, transport, and any associated ground support operations, whether
6 conducted on-site or involving overflight.
7 (30) "Aerospace flight entity" means any person, corporation, partnership,
8 limited liability company, or other entity that conducts space flight activities and, to
9 the extent required by federal law, holds or operates anywhere under a valid Federal
10 Aviation Administration license, experimental permit, or other authorization for the
11 relevant activities requiring such a license. The term includes any employee,
12 officer, director, agent, contractor, manufacturer, supplier, or vendor of such entity;
13 any owner or lessor of immovable property used for space flight activities; and any
14 political subdivision or public entity with a contractual or operational relationship
15 facilitating such activities.
16 (31) "Aerospace flight participant" means an individual carried aboard a
17 craft or vehicle.
18 (32) "Aerospace flight participant injury" means an injury sustained by an
19 aerospace flight participant, including bodily injury, emotional distress, death,
20 disability, property damage, or any other loss arising from the individual's
21 participation in aerospace flight activities.
22 (33) "Craft" means any object and its components designed to be launched
23 for operation, and any subcomponents of the launch vehicle specifically designed or
24 adapted for that object.
25 (34) "Launch" means a placement or attempted placement of a launch
26 vehicle or aerospace craft.
27 (35) "Launch vehicle" means any vehicle and its stages or components
28 designed to operate in or place aerospace craft.
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1 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
2 alphabetize and renumber the definitions contained in R.S. 2:1 and to correct any cross-
3 references to the renumbered paragraphs if necessary, consistent with the provisions of this
4 Act.
5 Section 3. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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