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| PRIOR PRINTER'S NO. 3467 | PRINTER'S NO. 3938 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY LONGIETTI, M. KELLER, MARKOSEK, GEIST, CALTAGIRONE, HARKINS, HARPER, HESS, HICKERNELL, KOTIK, MARSHALL, MARSICO, MILLER, PETRARCA, SAINATO, SOLOBAY, WATSON, YOUNGBLOOD, MURT, MELIO, PASHINSKI AND KORTZ, MARCH 25, 2010 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 21, 2010 |
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| AN ACT |
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1 | Amending Title 74 (Transportation) of the Pennsylvania |
2 | Consolidated Statutes, proscribing indemnity agreements in |
3 | motor carrier transportation contracts. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 74 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a chapter to read: |
8 | CHAPTER 84 |
9 | MOTOR CARRIERS |
10 | Sec. |
11 | 8401. Definitions. |
12 | 8402. Indemnity provisions void. |
13 | § 8401. Definitions. |
14 | The following words and phrases when used in this chapter |
15 | shall have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
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1 | "Common carrier by motor vehicle." As defined in 66 Pa.C.S. |
2 | § 102 (relating to definitions). |
3 | "Contract carrier by motor vehicle." As defined in 66 |
4 | Pa.C.S. § 2501(b) (relating to definitions). |
5 | "Indemnity provision." A provision which: |
6 | (1) is contained in, is collateral to or affects a motor |
7 | carrier transportation contract; and |
8 | (2) indemnifies or attempts to indemnify the promisee |
9 | against liability for loss or damage resulting from |
10 | intentional, reckless or negligent acts or omissions. |
11 | "Motor carrier." As defined in 66 Pa.C.S. § 102 (relating to |
12 | definitions). |
13 | "Motor carrier transportation contract." Any contract, |
14 | agreement or understanding covering any of the following: |
15 | (1) Transportation of property for compensation by a |
16 | motor carrier. |
17 | (2) Entrance on property by a motor carrier for the |
18 | purpose of loading, unloading or transporting property for |
19 | compensation. |
20 | (3) Service incidental to activity described in |
21 | paragraph (1) or (2). This paragraph includes storage of |
22 | property. |
23 | The term does not include the Uniform Intermodal Interchange and |
24 | Facilities Access Agreement administered by the Intermodal |
25 | Association of North America or other agreements providing for |
26 | the interchange, use or possession of intermodal chassis, |
27 | containers or other intermodal equipment. |
28 | "Promisee." A person that receives a promise under a motor |
29 | carrier transportation contract. The term includes any agent, |
30 | employee or independent contractor that is directly responsible |
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1 | to the promisee. The term excludes a motor carrier. |
2 | § 8402. Indemnity provisions void. |
3 | (a) Public policy.--The General Assembly finds and declares |
4 | that, except as set forth in subsection (c), indemnity |
5 | provisions are against the public policy of the Commonwealth. |
6 | (b) Effect.--Except as set forth in subsection (c), an |
7 | indemnity provision is void. |
8 | (c) Exception.--This section shall not apply to a contract |
9 | or agreement which concerns or affects transportation involving |
10 | a railroad. |
11 | Section 2. The addition of 74 Pa.C.S. § 8402 shall apply to |
12 | contracts entered into or renewed on or after the effective date | <-- |
13 | of this section. |
14 | Section 3. This act shall take effect in 60 days. |
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