2005-2006 Bill 3030: Motor Carrier Transportation Contract That Holds Promisee Harmless

South Carolina General Assembly

116th Session, 2005-2006

H. 3030

STATUS INFORMATION

General Bill

Sponsors: Reps. Harrison, G.R.Smith, Sandifer, Viers, Rice, Hinson, Toole, Whipper and Hagood

Document Path: l:\council\bills\swb\6172cm05.doc

Companion/Similar bill(s): 106, 3173

Introduced in the House on January 11, 2005

Currently residing in the House Committee on Judiciary

Summary: Motor carrier transportation contract that holds promisee harmless from liability is void and unenforceable

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

12/8/2004HousePrefiled

12/8/2004HouseReferred to Committee on Judiciary

1/11/2005HouseIntroduced and read first time HJ58

1/11/2005HouseReferred to Committee on JudiciaryHJ58

2/9/2005HouseMember(s) request name added as sponsor: Whipper

2/10/2005HouseMember(s) request name added as sponsor: Hagood

VERSIONS OF THIS BILL

12/8/2004

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5823110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS OR HOLDS HARMLESS THE CONTRACT’S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT’S PROMISEE IS VOID AND UNENFORCEABLE, AND TO DEFINE THE TERMS “MOTOR CARRIER TRANSPORTATION CONTRACT” AND “PROMISEE”.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Article 1, Chapter 23, Title 58 of the 1976 Code is amended by adding:

“Section 5823110.(A)Notwithstanding another 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 contract’s promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the contract’s promisee is against the public policy of this State and is void and unenforceable.

(B)As used in this section:

(1)‘Motor carrier transportation contract’ means a contract, agreement, or understanding covering:

(a)the transportation of property for compensation or hire by the motor carrier;

(b)entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or

(c)a service incidental to activity described in subitems (a) or (b) including, but not limited to, storage of property.

(2)‘Promisee’ includes the contract’s promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for a motor carrier that is a party to a motor carrier transportation contract with the promisee, and the motor carrier’s agents, employees, servants or independent contractors directly responsible to the motor carrier.”

SECTION2.This act takes effect upon approval by the Governor.

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