HB339 bans certain indemnity clauses in motor carrier transportation contracts to prevent shifting liability for specific acts between shippers and carriers.
If enacted, it makes void parts of motor carrier transportation contracts that would indemnify the shipper from liability for losses caused by the shipper's criminal acts, intentionally wrongful acts, wanton acts, or sole negligence. It also bars provisions that would indemnify the shipper for losses when the property was loaded and sealed by the shipper and the carrier cannot inspect. It prohibits indemnifying the motor carrier from liabilities arising from the motor carrier's own negligence or intentional acts. The bill allows certain exceptions, such as standard liability insurance requirements with the shipper as an additional insured (not workers' comp) and indemnification when losses don't result from the shipper's fault or in other permitted forms; and it applies only to contracts entered after the act's effective date.
Delivered to Governor at 10:09 a. m. on April 26, 2012.
Assigned Act No. 2012-277.
Clerk of the House Certification
Signature Requested
Concurred in Second House Amendment
Enrolled
Johnson (R) motion to Concur In and Adopt adopted Roll Call 944
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 727
Dial motion to Adopt adopted Roll Call 726
Dial first Substitute Offered
Dial motion to Table adopted Voice Vote
Judiciary Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the Senate committee on Judiciary
Bracy intended to vote Yea
Motion to Read a Third Time and Pass adopted Roll Call 599
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Transportation, Utilities and Infrastructure
Source: Alabama Legislature