Bill Text: NY A07307 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 7307 (Prior Session Legislation)

Introduced

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

Spectrum: Slight Partisan Bill (Democrat 18-7)

Status: (Passed) 2016-11-04 - signed chap.405 [A07307 Detail]

Download: New_York-2015-A07307-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7307
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 5, 2015
                                      ___________
       Introduced by M. of A. LUPARDO, GOTTFRIED, COOK, JAFFEE, CRESPO, ARROYO,
         ENGLEBRIGHT,  BLAKE,  MONTESANO  --  Multi-Sponsored  by  --  M. of A.
         CROUCH, GALEF, MURRAY -- read once and referred to  the  Committee  on
         Transportation
       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.
                                                                  LBD10304-01-5
       A. 7307                             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.