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Key: (1) language to be deleted (2) new language

CHAPTER 165--H.F.No. 1992

An act

relating to transportation; motor carriers; prohibiting indemnity provisions in motor carrier contracts;

proposing coding for new law in Minnesota Statutes, chapter 221.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [221.87] INDEMNITY PROVISION IN MOTOR CARRIER TRANSPORTATION CONTRACTS. new text end

new text begin Subdivision 1. new text end

new text begin Void. new text end

new text begin Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable. new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section: new text end

new text begin (1) "motor carrier transportation contract" means a contract, agreement, or understanding covering: new text end

new text begin (i) the transportation of property for compensation or hire by the motor carrier; new text end

new text begin (ii) entrance on property by a motor carrier or a private carrier for the purpose of loading, unloading, or transporting property; or new text end

new text begin (iii) a service incidental to activity described in item (i) or (ii), including, but not limited to, storage of property; and new text end

new text begin (2) "promisee" means the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with promisee, and such motor carrier's agents, employees, servants, or independent contractors directly responsible to the motor carrier. new text end

new text begin Subd. 3. new text end

new text begin Exclusion. new text end

new text begin "Motor carrier transportation contract," as defined in this section, shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, containers, or other intermodal equipment. new text end

Sec. 2.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin Section 1 is effective the day following final enactment and applies to existing contracts on that date and contracts entered into or renewed on or after that date. new text end

Presented to the governor April 3, 2012

Signed by the governor April 5, 2012, 03:19 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes