BILL NUMBER: AB 2430	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Wiggins
    (Principal coauthor:  Senator Chesbro) 

                        FEBRUARY 19, 2004

   An act to  add Section 2174.5 to the Civil Code, and to 
amend Sections 5500 and 5501 of the Public Utilities Code, relating
to commercial air carriers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2430, as amended, Wiggins.  Commercial air carriers:  hot air
balloons.
   Existing law requires the Public Utilities Commission to require
every commercial air operator, as defined, to procure and continue in
effect, adequate protection against liability for personal bodily
injuries and property damage as a result of an accident, that may be
imposed by law upon the operator and upon any person using,
operating, or renting an aircraft, as defined, with the permission of
the operator.
   This bill would exclude a corporation or person furnishing or
providing transportation by hot air balloon for entertainment or
recreational purposes from the definitions of commercial air operator
and aircraft. 
   This bill would require that any person providing transportation
by hot air balloon for entertainment or recreational purposes provide
passengers with a copy of a release of liability agreement, as
specified, and require every passenger to execute the release of
liability agreement. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.   Section 2174.5 is added to the Civil Code, to
read:
   2174.5.  Notwithstanding any other law, including Section 2175,
any person owning, controlling, operating, renting, managing,
furnishing, or otherwise providing transportation by hot air balloon
for entertainment or recreational purposes shall provide every
passenger with a copy of a release of liability agreement and shall
require every passenger to execute a release of liability agreement.
A copy of the release of liability agreement shall be provided to
every passenger prior to any payment by the passenger.  The release
of liability agreement shall be in 14 point boldface type if printed,
or in boldface capital letters if typed.  The release of liability
agreement shall read as follows:
   By signing this agreement, I am assuming personal responsibility
for my decision to take part in this outdoor adventure of hot air
ballooning provided by (name of hot air balloon operator), its
officers, employees, agents, and subcontractors, and I am expressly
accepting the risks that are and may be inherent in ballooning and
its associated activities on the ground, with the knowledge that hot
air ballooning is subject to risks that include, but are not limited
to, accident, negligence, error, inconvenience, injury and, in
extremely rare cases, death, associated with outdoor adventures, hot
air ballooning and aviation activities.  By signing this agreement, I
understand that I am releasing from all liability (name of hot air
balloon operator), its officers, agents, employees, subcontractors
and the owners of the land used for launches and landings.  I have
carefully read this agreement, have had the opportunity to ask for
clarification and further details, and fully understand its contents
and my responsibility as a passenger.  I also understand that should
I decide not to fly after reading this that the cancellation
penalties will not apply.
  SEC. 2.   Section 5500 of the Public Utilities Code is amended
to read:
   5500.  As used in this article, "commercial air operator" means
any person owning, controlling, operating, renting, or managing
aircraft for any commercial purpose for compensation.  "Commercial
air operator" does not include any person owning, controlling,
operating, renting, managing, furnishing, or otherwise providing
transportation by hot air balloon for entertainment or recreational
purposes.   
  SEC. 2.   
  SEC. 3.   Section 5501 of the Public Utilities Code is amended
to read:
   5501.  As used in this article, "aircraft" means any contrivance
used for navigation of, or flight in, the air.  "Aircraft" does not
include a hot air balloon furnished or providing transportation for
entertainment or recreational purposes.