|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to transportation|
|Jan 09, 2013||referred to transportation|
senate Bill S1087
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1087 - Details
S1087 - Sponsor Memo
BILL NUMBER:S1087 TITLE OF BILL: An act to amend the transportation law, in relation to proscribing indemnity agreements in motor carrier transportation contracts PURPOSE OF GENERAL IDEA OF BILL: Article 8 of the Transportation Law is amended by adding Section 182, This section will prohibit the use of indemnification clauses in contracts between shippers and common earners. SUMMARY OF SPECIFIC PROVISIONS: Section 182(1)(a) defines "motor carrier transportation contract. Section 182(1)(b) defines "promisee". Section 182(2) makes any 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. JUSTIFICATION: Current law does not prohibit a shipper from including indemnification language in the contract between the shipper and
S1087 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1087 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to proscribing indemnity agreements in motor carrier transportation contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The transportation law is amended by adding a new section 182 to read as follows: S 182. INDEMNITY PROVISION IN MOTOR CARRIER TRANSPORTATION CONTRACTS. 1. FOR THE PURPOSES OF THIS SECTION: (A) "MOTOR CARRIER TRANSPORTATION CONTRACT" MEANS A CONTRACT, AGREE- MENT OR UNDERSTANDING COVERING: (I) THE TRANSPORTATION OF PROPERTY FOR COMPENSATION OR HIRE BY THE MOTOR CARRIER; (II) ENTRANCE ON PROPERTY BY THE MOTOR CARRIER FOR THE PURPOSE OF LOADING, UNLOADING OR TRANSPORTING PROPERTY FOR COMPENSATION OR HIRE; OR (III) A SERVICE INCIDENTAL TO ACTIVITY DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, STORAGE OF PROPERTY. (B) "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 THE PROMISEE AND SUCH MOTOR CARRIER'S AGENTS, EMPLOYEES, SERVANTS OR INDEPENDENT CONTRACTORS DIRECTLY RESPONSIBLE TO SUCH MOTOR CARRIER. 2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PROVISION, CLAUSE 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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