00                            HOUSE BILL NO. 366                                                                          
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 by motor carrier prohibited. (a) A motor                                   
06       carrier and a shipping person may not, with regard to a transportation services                                   
07       contract, agree that 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.                                                
11            (b)  An agreement that violates (a) of this section is against public policy and is                          
12       void and unenforceable.                                                                                           
13            (c)  In this section,                                                                                        
14                 (1)  "motor carrier" means a person who is engaged in the                                               

01       transportation of property for compensation by motor vehicle, and includes an agent,                              
02       employee, servant, or independent contractor of the motor carrier;                                                
03                 (2)  "motor vehicle" has the meaning given in AS 28.90.990, except                                      
04       that the motor vehicle must have a gross weight rating or gross combination weight                                
05       rating that is greater than 10,000 pounds;                                                                        
06                 (3)  "shipping person" means a person who enters into a transportation                                  
07       services contract to use the services of a motor carrier, and includes an agent,                                  
08       employee, servant, or independent contractor of the shipping person;                                              
09                 (4)  "transportation services" means                                                                    
10                      (A)  the transportation of property;                                                               
11                      (B)  entry on property to load, unload, or transport property; or                                  
12                      (C)  providing a service, including the storage of property,                                       
13            incidental to (A) or (B) of this paragraph.                                                                  
14    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
15 read:                                                                                                                   
16       APPLICABILITY. This Act does not apply to an agreement to indemnify, defend, or                                   
17 hold a shipping person harmless unless the agreement is entered into on or after the effective                          
18 date of this Act. In this section, "shipping person" has the meaning given in AS 45.45.905.