House File 2498 - Introduced HOUSE FILE 2498 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 678) A BILL FOR An Act relating to the contents of certain motor carrier 1 transportation contracts by declaring certain indemnity 2 provisions to be unlawful and void. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5905HV (2) 83 md/nh

H.F. 2498 Section 1. NEW SECTION . 325B.1 Contents of motor carrier 1 transportation contracts —— certain provisions void. 2 1. As used in this section: 3 a. “Motor carrier” means the same as defined in section 4 325A.1. 5 b. “Motor carrier transportation contract” means a contract, 6 agreement, or understanding related to any of the following: 7 (1) The transportation for hire of property by a motor 8 carrier. 9 (2) The entrance upon property by a motor carrier for the 10 purpose of loading, unloading, or transporting property for 11 transportation for hire. 12 (3) A service incidental to the activities described in 13 subparagraph (1) or (2), including but not limited to the 14 storage of property. 15 c. “Transportation for hire” means the same as defined in 16 section 325A.1. 17 2. Notwithstanding any provision of law to the contrary, 18 a motor carrier transportation contract, whether express or 19 implied, shall not contain a provision, clause, covenant, 20 or agreement that purports to indemnify, defend, or hold 21 harmless, or has the effect of indemnifying, defending, or 22 holding harmless, a promisee from or against any liability for 23 injury, death, loss, or damage resulting from the negligence 24 or intentional acts or omissions of that promisee, or any 25 agents, employees, servants, or independent contractors who 26 are directly responsible to that promisee. This prohibition 27 applies to any provisions or agreements collateral to or 28 affecting a motor carrier transportation contract. Any 29 such provisions, clauses, covenants, or agreements are void 30 and unenforceable. If any provision, clause, covenant, or 31 agreement is deemed void and unenforceable under this section, 32 the remaining provisions of the motor carrier transportation 33 contract are severable and shall be enforceable unless 34 otherwise prohibited by law. 35 -1- LSB 5905HV (2) 83 md/nh 1/ 2

H.F. 2498 3. This section does not apply to the uniform intermodal 1 interchange and facilities access agreement administered by the 2 intermodal association of north America, as amended, or other 3 contracts or agreements providing for the interchange, use, or 4 possession of intermodal chassis or other intermodal equipment. 5 4. This section applies to motor carrier transportation 6 contracts entered into, extended, or renewed on or after July 7 1, 2010. 8 EXPLANATION 9 This bill creates new Code section 325B.1 relating to the 10 contents of certain motor carrier transportation contracts, 11 as defined in the bill. The bill prohibits a motor carrier 12 transportation contract, whether express or implied, from 13 containing a provision, clause, covenant, or agreement that 14 purports to indemnify, defend, or hold harmless, or has the 15 effect of indemnifying, defending, or holding harmless, a 16 promisee from or against any liability for injury, death, loss, 17 or damage resulting from the negligence or intentional acts or 18 omissions of that promisee, or any agents, employees, servants, 19 or independent contractors who are directly responsible to that 20 promisee. 21 The bill provides that if any provision, clause, covenant, 22 or agreement is deemed void and unenforceable under the bill, 23 the remaining provisions of the motor carrier transportation 24 contract are severable and enforceable unless otherwise 25 prohibited by law. 26 The bill does not apply to the uniform intermodal 27 interchange and facilities access agreement administered by the 28 intermodal association of north America, as that agreement may 29 be amended, or other contracts or agreements providing for the 30 interchange, use, or possession of intermodal chassis or other 31 intermodal equipment. 32 The bill applies to motor carrier transportation contracts 33 entered into, extended, or renewed on or after July 1, 2010. 34 -2- LSB 5905HV (2) 83 md/nh 2/ 2