First Substitute H.B. 73

Senator Stephen H. Urquhart proposes the following substitute bill:

1 MOTOR CARRIER TRANSPORTATION CONTRACT
2 INDEMNITY AGREEMENTS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Don L. Ipson
6 Senate Sponsor: Stephen H. Urquhart
7
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;
15 . provides that any provision in a motor carrier transportation contract that requires
16 either party or either party's surety or insurer to indemnify or hold harmless the
17 other party against liability for death, personal injury, or property damage caused in
18 whole or in part by the negligence or intentional acts or omissions of the other party
19 is void; and
20 . provides that this provision does not affect any provision in a motor carrier
21 transportation contract that requires either party or either party's surety or insurer to
22 indemnify another person against liability for death, personal injury, or property
23 damage that arises out of the fault of the indemnitor or the indemnitor's agents or
24 representatives.
25 Money Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 13-8-6, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 13-8-6 is enacted to read:
35 13-8-6. Definitions -- Motor carrier indemnity agreements void.
36 (1) As used in this section, "motor carrier transportation contract" means any written
37 agreement for:
38 (a) the transportation of personal property for compensation or hire;
39 (b) entry on real property for the purpose of packing, loading, unloading, or
40 transporting personal property for compensation or hire; or
41 (c) a service incidental to an activity described in Subsection (1)(a) or (b) including
42 storage of personal property for compensation or hire.
43 (2) Except as provided in Subsection (3), any provision in a motor carrier
44 transportation contract that requires either party or either party's surety or insurer to indemnify
45 or hold harmless the other party against liability for death, personal injury, or property damage
46 caused in whole or in part by the negligence or intentional acts or omissions of the other party
47 is void.
48 (3) This section does not affect any provision in a motor carrier transportation contract
49 that requires either party or either party's surety or insurer to indemnify another person against
50 liability for death, personal injury, or property damage that arises out of the fault of:
51 (a) the indemnitor; or
52 (b) the indemnitor's agents or representatives.