00 CS FOR HOUSE BILL NO. 366(TRA) 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) In this section, 04 (1) "motor carrier" means a person who is engaged in the 05 transportation of property for compensation by motor vehicle, and includes an agent, 06 employee, servant, or independent contractor of the motor carrier if the agent, 07 employee, servant, or independent contractor provides services in connection with the 08 particular transportation services contract to which (a) of this section is being applied; 09 (2) "motor vehicle" has the meaning given in AS 28.90.990, except 10 that the motor vehicle must have a gross weight rating or gross combination weight 11 rating that is greater than 10,000 pounds; 12 (3) "shipping person" means a person who enters into a transportation 13 services contract to use the services of a motor carrier, and includes an agent, 14 employee, servant, or independent contractor of the shipping person if the agent, 15 employee, servant, or independent contractor provides services in connection with the 16 particular transportation services contract to which (a) of this section is being applied; 17 (4) "transportation services" means 18 (A) the transportation of property; 19 (B) entry on property to load, unload, or transport property; or 20 (C) providing a service, including the packing or storage of 21 property, incidental to (A) or (B) of this paragraph. 22 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. This Act does not apply to an agreement to indemnify, defend, or 25 hold a shipping person or a motor carrier harmless unless the agreement is entered into on or 26 after the effective date of this Act. In this section, "shipping person" and "motor carrier" have 27 the meanings given in AS 45.45.905.