HB 366: "An Act relating to indemnification agreements that relate to motor carrier transportation contracts."
00 HOUSE BILL NO. 366 01 "An Act relating to indemnification agreements that relate to motor carrier 02 transportation contracts." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 45.45 is amended by adding a new section to read: 05 Sec. 45.45.905. Indemnification by motor carrier prohibited. (a) A motor 06 carrier and a shipping person may not, with regard to a transportation services 07 contract, agree that the motor carrier will indemnify, defend, or hold the shipping 08 person harmless, or agree to a provision that has the effect of indemnifying, defending, 09 or holding a shipping person harmless, from claims or liability for the negligence, 10 intentional acts, or intentional omissions of the shipping person. 11 (b) An agreement that violates (a) of this section is against public policy and is 12 void and unenforceable. 13 (c) In this section, 14 (1) "motor carrier" means a person who is engaged in the
01 transportation of property for compensation by motor vehicle, and includes an agent, 02 employee, servant, or independent contractor of the motor carrier; 03 (2) "motor vehicle" has the meaning given in AS 28.90.990, except 04 that the motor vehicle must have a gross weight rating or gross combination weight 05 rating that is greater than 10,000 pounds; 06 (3) "shipping person" means a person who enters into a transportation 07 services contract to use the services of a motor carrier, and includes an agent, 08 employee, servant, or independent contractor of the shipping person; 09 (4) "transportation services" means 10 (A) the transportation of property; 11 (B) entry on property to load, unload, or transport property; or 12 (C) providing a service, including the storage of property, 13 incidental to (A) or (B) of this paragraph. 14 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. This Act does not apply to an agreement to indemnify, defend, or 17 hold a shipping person harmless unless the agreement is entered into on or after the effective 18 date of this Act. In this section, "shipping person" has the meaning given in AS 45.45.905.