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AR SB762

Bill

Status

Failed

5/17/2013

Primary Sponsor

Jeremy Hutchinson

Click for details

Origin

Senate

89th General Assembly (2013 Regular)

AI Summary

  • Amends Arkansas Code § 4-7-309 to void and make unenforceable indemnity clauses in motor carrier transportation contracts that require carriers or their insurers to indemnify others for negligent, reckless, intentional, malicious, willful, or wanton acts or omissions of the indemnitee.

  • Applies to contracts covering transportation of property for compensation or hire, property entrance for loading/unloading/delivery, or related services including storage, entered into or modified on or after the act's passage.

  • Exempts the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, other intermodal equipment agreements, and insurance contracts from the prohibition.

  • Establishes that Arkansas law on indemnity shall apply to and govern all motor carrier transportation contracts performed in whole or in part within Arkansas, regardless of choice-of-law provisions.

  • Declares an emergency effective immediately upon gubernatorial approval, non-veto expiration, or veto override, based on the public policy concern that such indemnity provisions eliminate incentives for indemnitees to prevent accidents or losses.

Legislative Description

To Prohibit Enforcement Of Certain Indemnity Clauses In Motor Carrier Transportation Contracts.

Last Action

Sine Die adjournment

5/17/2013

Committee Referrals

Judiciary3/4/2013

Full Bill Text

No bill text available