Bill Text: MI SB0873 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transportation; carriers; indemnity clauses; prohibit in motor carrier transportation contracts. Amends 1933 PA 254 (MCL 475.1 - 479.43) by adding sec. 21 to art. V.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Passed) 2012-12-31 - Assigned Pa 0480'12 [SB0873 Detail]

Download: Michigan-2011-SB0873-Engrossed.html

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SB-0873, As Passed House, December 6, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 873

 

December 7, 2011, Introduced by Senators MARLEAU, EMMONS, KOWALL, CASPERSON, JONES, BRANDENBURG, HANSEN, PAVLOV and NOFS and referred to the Committee on Transportation.

 

 

     A bill to amend 1933 PA 254, entitled

 

"The motor carrier act,"

 

(MCL 475.1 to 479.43) by adding section 21 to article V.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE V

 

     Sec. 21. (1) A provision, clause, covenant, or agreement

 

contained in, collateral to, or affecting a motor carrier

 

transportation contract that purports to indemnify, defend, or hold

 

harmless, or has the effect of indemnifying, defending, or holding

 

harmless, the promisee from or against any liability for loss or

 

damage resulting from the negligence or intentional acts or

 

omissions of the promisee is against the public policy of this

 

state and is void and unenforceable.

 

     (2) This section does not apply to the uniform intermodal

 

interchange and facilities access agreement administered by the

 

intermodal association of North America or other agreements

 

providing for the interchange, use, or possession of intermodal

 

chassis or other intermodal equipment.

 

     (3) As used in this section:

 

     (a) "Motor carrier transportation contract" means a contract,

 

agreement, or understanding for any of the following:

 

     (i) The transportation of property for compensation or hire by

 

a motor carrier.

 

     (ii) Entrance on property by a motor carrier for the purpose of

 

loading, unloading, or transporting property for compensation or

 

hire.

 

     (iii) A service incidental to activity described in

 

subparagraphs (i) and (ii), including, but not limited to, the

 

storage of property.

 

     (b) "Promisee" means a party to a motor carrier transportation

 

contract who is not a motor carrier or, if the promisee is a motor

 

carrier, a party to a motor carrier transportation contract who is

 

not transporting property for compensation or hire. Promisee

 

includes agents, employees, servants, and independent contractors

 

who are directly responsible to the promisee.