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2007 Vetoed Bills and Messages
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S.B. 303
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(I) A. THE TRANSPORTATION OF PROPERTY FOR
COMPENSATION OR HIRE BY A MOTOR CARRIER;
(I) B. THE ENTRANCE ON PROPERTY BY A MOTOR
CARRIER FOR THE PURPOSE OF LOADING, UNLOADING, OR TRANSPORTING
PROPERTY FOR COMPENSATION OR HIRE; OR
(III) C. A SERVICE INCIDENTAL TO AN ACTIVITY
DESCRIBED IN ITEM (I) OR (II) OF THIS PARAGRAPH, INCLUDING STORAGE OF
PROPERTY.
2. "MOTOR CARRIER TRANSPORTATION CONTRACT"
DOES NOT INCLUDE:
A. THE UNIFORM INTERMODAL INTERCHANGE AND
FACILITIES ACCESS AGREEMENT ADMINISTERED BY THE INTERMODAL
ASSOCIATION OF NORTH AMERICA, AS AMENDED BY THE INTERMODAL
INTERCHANGE EXECUTIVE COMMITTEE; OR
B. OTHER AGREEMENTS PROVIDING FOR THE
INTERCHANGE, USE, OR POSSESSION OF INTERMODAL CHASSIS, CONTAINERS,
OR OTHER INTERMODAL EQUIPMENT.
(4) (IV) "PROMISEE" INCLUDES AN AGENT, EMPLOYEE,
SERVANT, OR INDEPENDENT CONTRACTOR WHO IS DIRECTLY RESPONSIBLE TO
THE PROMISEE, OTHER THAN A MOTOR CARRIER THAT IS A PARTY TO A MOTOR
CARRIER TRANSPORTATION CONTRACT WITH THE PROMISEE, AND AN AGENT,
EMPLOYEE, SERVANT, OR INDEPENDENT CONTRACTOR DIRECTLY RESPONSIBLE
TO THAT MOTOR CARRIER.
(5) (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLATERAL
TO, OR AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT
PURPORTS TO INDEMNIFY, DEFEND, OR HOLD HARMLESS, OR HAS THE EFFECT
OF INDEMNIFYING, DEFENDING, OR HOLDING HARMLESS, THE PROMISEE
AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE
OR INTENTIONAL ACTS OR OMISSIONS OF THE PROMISEE IS AGAINST PUBLIC
POLICY AND IS VOID AND UNENFORCEABLE.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2007.
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- 4198 -
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