House Study Bill 678 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON QUIRK) 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 5905YC (2) 83 md/nh

H.F. _____ 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, or 20 agreement that purports to indemnify, defend, or hold harmless, 21 or has the effect of indemnifying, defending, or holding 22 harmless, the motor carrier transportation contract’s promisee 23 from or against any liability for loss or damage resulting 24 from the negligence or intentional acts or omissions of the 25 promisee, or any agents, employees, servants, or independent 26 contractors who are directly responsible to the promisee. This 27 prohibition applies to any provisions or agreements collateral 28 to or affecting a motor carrier transportation contract. Any 29 such provisions, clauses, covenants, or agreements are void and 30 unenforceable. 31 3. This section does not apply to the uniform intermodal 32 interchange and facilities access agreement administered by the 33 intermodal association of north America, as amended, or other 34 contracts or agreements providing for the interchange, use, or 35 -1- LSB 5905YC (2) 83 md/nh 1/ 2

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