Bill Text: NY S04173 | 2015-2016 | General Assembly | Amended

---

Bill Title: Proscribes indemnity agreements in motor carrier transportation contracts.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-06-14 - SUBSTITUTED BY A7307 [S04173 Detail]

Download: New_York-2015-S04173-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4173--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     March 5, 2015
                                      ___________
       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to amend the general business 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:
    1    Section 1. The general business law is amended by adding a new section
    2  398-e to read as follows:
    3    S  398-E.  INDEMNITY  PROVISION  IN   MOTOR   CARRIER   TRANSPORTATION
    4  CONTRACTS. 1. FOR THE PURPOSES OF THIS SECTION:
    5    (A)  "MOTOR  CARRIER TRANSPORTATION CONTRACT" MEANS A CONTRACT, AGREE-
    6  MENT OR UNDERSTANDING COVERING:
    7    (I) THE TRANSPORTATION OF PROPERTY FOR COMPENSATION  OR  HIRE  BY  THE
    8  MOTOR CARRIER;
    9    (II)  ENTRANCE  ON  PROPERTY  BY  THE MOTOR CARRIER FOR THE PURPOSE OF
   10  LOADING, UNLOADING OR TRANSPORTING PROPERTY FOR COMPENSATION OR HIRE; OR
   11    (III) A SERVICE INCIDENTAL TO ACTIVITY DESCRIBED IN  SUBPARAGRAPH  (I)
   12  OR  (II)  OF  THIS  PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, STORAGE OF
   13  PROPERTY.
   14    (B) "PROMISEE" MEANS THE PROMISEE AND ANY AGENTS, EMPLOYEES,  SERVANTS
   15  OR  INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE PROMISEE
   16  EXCEPT FOR MOTOR  CARRIERS  PARTY  TO  A  MOTOR  CARRIER  TRANSPORTATION
   17  CONTRACT  WITH  THE PROMISEE AND SUCH MOTOR CARRIER'S AGENTS, EMPLOYEES,
   18  SERVANTS OR INDEPENDENT CONTRACTORS DIRECTLY RESPONSIBLE TO  SUCH  MOTOR
   19  CARRIER.
   20    2.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PROVISION,
   21  CLAUSE OR AGREEMENT CONTAINED IN, COLLATERAL TO  OR  AFFECTING  A  MOTOR
   22  CARRIER  TRANSPORTATION  CONTRACT  THAT PURPORTS TO INDEMNIFY, DEFEND OR
   23  HOLD HARMLESS, OR HAS THE EFFECT OF INDEMNIFYING, DEFENDING  OR  HOLDING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09764-02-5
       S. 4173--A                          2
    1  HARMLESS,  THE PROMISEE FROM OR AGAINST ANY LIABILITY FOR LOSS OR DAMAGE
    2  RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR  OMISSIONS  OF  THE
    3  PROMISEE  IS  AGAINST  THE  PUBLIC  POLICY OF THIS STATE AND IS VOID AND
    4  UNENFORCEABLE.
    5    3.  "MOTOR  CARRIER  TRANSPORTATION  CONTRACT,"  AS  DEFINED  IN  THIS
    6  SECTION, SHALL NOT INCLUDE THE UNIFORM INTERMODAL INTERCHANGE AND FACIL-
    7  ITIES ACCESS AGREEMENT ADMINISTERED BY  THE  INTERMODAL  ASSOCIATION  OF
    8  NORTH  AMERICA OR OTHER AGREEMENTS PROVIDING FOR THE INTERCHANGE, USE OR
    9  POSSESSION OF INTERMODAL CHASSIS, CONTAINERS OR OTHER INTERMODAL  EQUIP-
   10  MENT.
   11    S 2. This act shall take effect immediately.