00                       CS FOR HOUSE BILL NO. 366(JUD)                                                                    
01 "An Act relating to indemnification agreements that relate to motor carrier                                             
02 transportation contracts."                                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 45.45 is amended by adding a new section to read:                                                  
05            Sec. 45.45.905. Indemnification prohibited. (a) A motor carrier and a                                      
06       shipping person may not, with regard to a transportation services contract, agree that                            
07                 (1)  the motor carrier will indemnify, defend, or hold the shipping                                     
08       person harmless, or agree to a provision that has the effect of indemnifying, defending,                          
09       or holding a shipping person harmless, from claims or liability for the negligence,                               
10       intentional acts, or intentional omissions of the shipping person; or                                             
11                 (2)  the shipping person will indemnify, defend, or hold the motor                                      
12       carrier harmless, or agree to a provision that has the effect of indemnifying, defending,                         
13       or holding a motor carrier harmless, from claims or liability for the negligence,                                 
14       intentional acts, or intentional omissions of the motor carrier.                                                  
01            (b)  An agreement that violates (a) of this section is against public policy and is                          
02       void and unenforceable.                                                                                           
03            (c)  This section does not apply to the Uniform Intermodal Interchange and                                   
04       Facilities Access Agreement administered by the Intermodal Association of North                                   
05       America or to another agreement that provides for the interchange, use, or possession                             
06       of intermodal chassis, intermodal containers, or other intermodal equipment.                                      
07            (d)  In this section,                                                                                        
08                 (1)  "motor carrier" means a person who is engaged in the                                               
09       transportation of property for compensation by motor vehicle, and includes an agent,                              
10       employee, servant, or independent contractor of the motor carrier if the agent,                                   
11       employee, servant, or independent contractor provides services in connection with the                             
12       particular transportation services contract to which (a) of this section is being applied;                        
13                 (2)  "motor vehicle" has the meaning given in AS 28.90.990, except                                      
14       that the motor vehicle must have a gross weight rating or gross combination weight                                
15       rating that is greater than 10,000 pounds;                                                                        
16                 (3)  "shipping person" means a person who enters into a transportation                                  
17       services contract to use the services of a motor carrier, and includes an agent,                                  
18       employee, servant, or independent contractor of the shipping person if the agent,                                 
19       employee, servant, or independent contractor provides services in connection with the                             
20       particular transportation services contract to which (a) of this section is being applied;                        
21                 (4)  "transportation services" means                                                                    
22                      (A)  the transportation of property;                                                               
23                      (B)  entry on property to load, unload, or transport property; or                                  
24                      (C)  providing a service, including the packing or storage of                                      
25            property, incidental to (A) or (B) of this paragraph.                                                        
26    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
27 read:                                                                                                                   
28       APPLICABILITY. This Act does not apply to an agreement to indemnify, defend, or                                   
29 hold a shipping person or a motor carrier harmless unless the agreement is entered into on or                           
30 after the effective date of this Act. In this section, "shipping person" and "motor carrier" have                       
31 the meanings given in AS 45.45.905.