Bill Text: OR SB259 | 2011 | Regular Session | Enrolled
Bill Title: Relating to motor carrier transportation contracts; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-05-27 - Effective date, May 27, 2011. [SB259 Detail]
Download: Oregon-2011-SB259-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 259
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Business and Transportation)
CHAPTER ................
AN ACT
Relating to motor carrier transportation contracts; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 825. + }
SECTION 2. { + (1) Except as provided under subsections (2)
and (3) of this section, any provision in a motor carrier
transportation contract that requires either party or either
party's surety or insurer to indemnify or hold harmless the other
party against liability for death, personal injury or property
damage caused in whole or in part by the negligence or
intentional acts or omissions of the other party is void.
(2) This section does not affect any provision in a motor
carrier transportation contract that requires either party or
either party's surety or insurer to indemnify another person
against liability for death, personal injury or property damage
that arises out of the fault of the indemnitor, or the fault of
the indemnitor's agents, representatives or subcontractors.
(3) This section does not apply to any Uniform Intermodal
Interchange and Facilities Access Agreement administered by the
Intermodal Association of North America or any other agreement
providing for the interchange, use or possession of intermodal
chassis, intermodal containers or other intermodal equipment.
(4) As used in this section, 'motor carrier transportation
contract' means any written agreement for:
(a) The transportation of personal property for compensation or
hire;
(b) Entry upon real property for the purpose of packing,
loading, unloading or transporting personal property for
compensation or hire; or
(c) A service incidental to an activity described in paragraph
(a) or (b) of this subsection including, but not limited to,
storage of personal property for compensation or hire. + }
SECTION 3. { + Section 2 of this 2011 Act applies only to
motor carrier transportation contracts entered into on or after
the effective date of this 2011 Act. + }
SECTION 4. This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
Enrolled Senate Bill 259 (SB 259-A) Page 1
is declared to exist, and this 2011 Act takes effect on its
passage.
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Passed by Senate March 14, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 16, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 259 (SB 259-A) Page 2
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 259 (SB 259-A) Page 3
