Senate Bill 2744

AN ACT TO REGULATE INDEMNIFICATION AGREEMENTS BETWEEN MOTOR CARRIERS AND SHIPPERS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In this section:

(a) "Motor carrier" means a person who is engaged in the transportation of property 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 this section is being applied.

(b) "Motor vehicle" has the meaning given in Sec. 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 serices in connection with the particular transportation services contract to which this section is being applied.

(d) "Transportation services" means:

(i) The transportation of property;

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

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

(2) 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.

(3) An agreement that violates this section is against public policy and is void and unenforceable.

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

(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

the effective date of this section.

(6) This section shall only apply to motor carrier transportation contracts entered into or renewed on or after July 1, 2012.

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