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H.B. 73
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to the unenforceability of certain motor carrier
11 transportation contract indemnity agreements.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions; and
15 . provides that a provision, clause, covenant, or agreement contained in, collateral to,
16 or affecting a motor carrier transportation contract that purports to indemnify,
17 defend, or hold harmless or has the effect of indemnifying, defending, or holding
18 harmless the promisee from or against any liability for loss or damage resulting
19 from the negligence or intentional acts or omissions of the promisee is against the
20 public policy of this state and is void and unenforceable.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 13-8-6, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 13-8-6 is enacted to read:
31 13-8-6. Definitions -- Motor carrier indemnity agreements void.
32 (1) As used in this section:
33 (a) "Motor carrier" has the same meaning as defined in Section 72-9-102 .
34 (b) "Motor carrier transportation contract" means a contract, agreement, or
35 understanding covering:
36 (i) the transportation of property for compensation or hire by the motor carrier;
37 (ii) entrance on property by the motor carrier for the purpose of loading, unloading, or
38 transporting property for compensation or hire; or
39 (iii) service incidental to an activity described in Subsection (1)(b)(i) or (ii) including
40 storage of property.
41 (c) "Promisee" means the promisee and an agent, employee, or independent contractor
42 who is directly responsible to the promisee.
43 (2) Notwithstanding any provision of law to the contrary, a provision, clause, covenant,
44 or agreement contained in, collateral to, or affecting a motor carrier transportation contract that
45 purports to indemnify, defend, or hold harmless or has the effect of indemnifying, defending, or
46 holding harmless the promisee from or against any liability for loss or damage resulting from
47 the negligence or intentional acts or omissions of the promisee is against the public policy of
48 this state and is void and unenforceable.
Legislative Review Note
as of 1-25-11 11:12 AM