Bill Text: MS SB2881 | 2011 | Regular Session | Comm Sub

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Bill Title: Professional contracts; certain indemnity provisions void.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-02-10 - Died In Committee [SB2881 Detail]

Download: Mississippi-2011-SB2881-Comm_Sub.html

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MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary, Division A

By: Senator(s) Fillingane

Senate Bill 2881

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE PROFESSIONAL CONTRACT INDEMNITY CLAUSE STUDY COMMITTEE TO CONDUCT A STUDY OF INDEMNITY PROVISIONS IN PROFESSIONAL SERVICES CONTRACTS AND TO MAKE RECOMMENDATIONS OF PROPOSED LEGISLATION; TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE AND ITS POWERS AND DUTIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  There is hereby created the Professional Contract Indemnity Clause Study Committee, which shall be composed of twenty-one (21) members as follows:

     (a)  Four (4) members appointed by the Governor who are attorneys and who as a significant part of their practice of law represent clients who enter into professional services contracts, one (1) of whom the Governor shall designate as the chairperson of the study committee;

     (b)  Two (2) engineers named by the Mississippi Engineering Society;

     (c)  Two (2) architects named by the American Institute of Architects, Mississippi Chapter;

     (d)  Two (2) surveyors named by the Mississippi Association of Professional Surveyors;

     (e)  Two (2) contractors named by the Associated General Contractors of Mississippi;

     (f)  Two (2) members of the House of Representatives appointed by the Speaker of the House, one (1) of whom shall be the Chairperson of the House Judiciary "A" Committee, or his designee;

     (g)  Two (2) members of the Senate appointed by the Lieutenant Governor, one (1) of whom shall be the Chairperson of the Senate Judiciary Committee, Division "A", or his designee;

     (h)  The executive director of the Mississippi Department of Finance and Administration, or his designee;

     (i)  The executive director of the Mississippi Department of Transportation or his designee;

     (j)  One (1) member designated by the Commissioner of Insurance;

     (k)  The Executive Director of the Mississippi Association of Supervisors, or his designee; and

     (l)  The Executive Director of the Mississippi Municipal League.

(2)  All members of the committee shall be appointed in accordance with subsection (1) and shall be so designated or appointed in sufficient time so as to allow for all members of the committee to be identified before the first meeting of the committee.

     (3)  The first meeting of the committee shall take place no later than June 1, 2011, on the call of the person designated by the Governor as the chairperson at a place designated by the chairperson.  At the first meeting of the committee, the committee shall organize and elect a vice chairperson from its membership and the committee shall adopt rules for transacting its business and keeping records.  Members of the committee other than the legislative members shall serve without compensation or reimbursement for travel expenses incurred while engaged in official business of the study committee, and the legislative members of the committee shall receive the compensation authorized for committee meetings when the Legislature is not in session.

     (4)  The committee shall be charged with the duty to conduct an extensive study of indemnity clauses in contracts for professional services.  The study shall include, but not be limited to, the following issues:

          (a)  The availability of insurance coverage for indemnified negligence, acts or omissions;

          (b)  The review of all applicable federal law;

          (c)  Thorough review of other states' results and implementation of statutes voiding indemnity clauses in contracts for professional services; and

          (d)  Any proposed legislation deemed advisable through the course of the work of the committee.

     (5)  The Department of Finance and Administration shall provide such support to the study committee as is necessary to accomplish the purposes of the study committee, including, but not limited to, research and clerical assistance.

     (6)  On or before December 1, 2011, the study committee shall make a report presenting its findings and recommendations to the Governor and to all members of the Legislature for consideration during the 2012 Regular Session.

     (7)  The provisions of this section shall stand repealed from and after January 31, 2012.

     SECTION 2.  This act shall take effect and be in force from and after its passage.