House Bill 660

(As Passed the House)

AN ACT TO CREATE NEW SECTION 77-7-265, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN INDEMNIFICATION OR HOLD HARMLESS CLAUSES IN TRANSPORTATION SERVICES CONTRACTS BETWEEN A MOTOR CARRIER AND A SHIPPING PERSON ARE AGAINST PUBLIC POLICY AND SHALL BE VOID AND UNENFORCEABLE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 77-7-265, Mississippi Code of 1972:

77-7-265. (1) A motor carrier and a shipping person may not, with regard to a transportation services contract, agree that:

(a) The motor carrier will indemnify, defend, pay the attorney's fees of, or hold the shipping person harmless, or agree to a provision that has the effect of indemnifying, defending, paying the attorney's fees of, or holding a shipping person harmless, from claims or liability for the negligence, intentional acts or intentional omissions of the shipping person; or

(b) The shipping person will indemnify, defend, pay the attorney's fees of, or hold the motor carrier harmless, or agree to a provision that has the effect of indemnifying, defending, paying the attorney's fees of, or holding a motor carrier harmless, from claims or liability for the negligence, intentional acts or intentional omissions of the motor carrier.

(2) An agreement that violates subsection (1) of this section is against public policy and is void and unenforceable.

(3) This section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or to any other agreement that provides for the interchange, use or possession of intermodal chassis, intermodal containers or other intermodal equipment.

(4) As used in this section, the following terms shall have the meanings ascribed to them unless the context indicates otherwise:

(a) "Motor carrier" means a person who is engaged in the transportation of goods for compensation by motor vehicle, and includes an agent, employee, servant or independent contractor of the motor carrier if the agent employee, servant or independent contractor provides services in connection with the particular transportation services contract to which subsection (1) of this section is applied.

(b) "Motor vehicle" shall have the same meaning as under Section 63-3-103, except that the motor vehicle must have a gross weight rating or gross combination weight rating that is greater than ten thousand (10,000) pounds.

(c) "Shipping person" means a person who enters into a transportation services contract to use the services of a motor carrier, and includes an agent, employee, servant or independent contractor of the shipping person if the agent, employee, servant or independent contractor provides services in connection with the particular transportation services contract to which subsection (1) of this section is applied.

(d) "Transportation services" means:

(i) The transportation of goods;

(ii) Entry onto property to load, unload or transport goods; or

(iii) Providing a service, including the packing or storing of goods, incidental to subparagraphs (i) or (ii) of this paragraph (d).

(5) This section does not apply to an agreement to indemnify, defend, pay the attorney's fees of, or hold a shipping person or a motor carrier harmless that is entered into prior to July 1, 2012.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.