Bill Text: HI SB824 | 2012 | Regular Session | Amended

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Bill Title: Motor Carriers; Transportation Services; Indemnification

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2012-07-10 - (S) Act 298, 7/9/2012 (Gov. Msg. No. 1415). [SB824 Detail]

Download: Hawaii-2012-SB824-Amended.html

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CONFERENCE COMMITTEE REP. NO. 5-12

 

Honolulu, Hawaii

                 , 2012

 

RE:    S.B. No. 824

       S.D. 2

       H.D. 2

       C.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 824, S.D. 2, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO MOTOR CARRIERS,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to deem void and unenforceable any portion of a motor carrier transportation services contract or agreement that requires the carrier to indemnify, defend, or hold harmless the other party from any claim or liability for that party's negligence or intentional acts or omissions.

 

     Your Committee on Conference finds that motor carriers, including trucking and tour bus companies, are often required to sign transportation service contracts or agreements requiring them to indemnify the other party to the motor carrier transportation services contract for acts of negligence or intentional acts or omissions, regardless of who is actually at fault.

     Your Committee on Conference finds that a motor carrier should be held responsible for liability to the extent that the carrier is at fault.  However, motor carriers often agree to indemnify the other party to secure work, so these indemnification provisions can become unreasonable conditions of a transportation services agreement that carriers are often unable to refuse.

 

     Your Committee on Conference has amended this measure by inserting language to clarify that the provisions that shall be deemed void and unenforceable include provisions that purport to indemnify, defend, or hold harmless, whether in whole or in part, the indemnitee and that the provisions shall be deemed void and unenforceable to the extent that they seek to indemnify, defend, or hold harmless the indemnitee.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 824, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 824, S.D. 2, H.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

 

____________________________ JOSEPH M. SOUKI, Co-Chair		____________________________ J. KALANI ENGLISH, Chair
____________________________ ROBERT N. HERKES, Co-Chair		____________________________ CLAYTON HEE, Co-Chair
____________________________ GILBERT KEITH-AGARAN, Co-Chair