Bill No.: HB0191                  Drafter:  LGC

LSO No.:  09LSO-0326              Effective Date:  7/1/2009

Enrolled Act No.:  HEA0112

Chapter No.:       187

Prime Sponsor:     Representative Cohee

Catch Title:       Motor carrier transportation contracts.

Subject:       Declares certain indemnification provisions in motor carrier transportation contract to be unenforceable.

Summary/Major Elements:

· The act declares unenforceable any provision in a motor carrier contract or related access agreement that purports to indemnify, defend or hold harmless the indemnitee from or against any loss or damage resulting from its own negligence or intentional acts or omissions.

· The act defines motor carrier transportation contract to include a contract for the transportation of property for compensation, for entrance on property for the purpose of loading, unloading or transporting property for compensation or for service incidental to those activities.  The definition does not include railroads or uniform intermodal interchange and facilities agreements or similar agreements.  The  uniform intermodal interchange & facilities access agreement is a standard interchange contract developed to promote intermodal productivity and operating efficiencies through the development of uniform industry processes and procedures governing the interchange of intermodal equipment between ocean carriers, railroads, equipment leasing companies and intermodal trucking companies.

Note:

· Final action on this bill was not taken at the time this summary was prepared.  Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.