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HB0191 • 2009

Motor carrier transportation contracts.

AN ACT relating to motor carrier transportation contracts; declaring specified indemnification provisions unenforceable against negligent or intentional acts; providing a definition; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Cohee
Last action
2009-03-12
Official status
enrolled
Effective date
7/1/2009

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0191HS001

Standing Committee • H08

Adopted

Plain English: Adopted Standing Committee by H08

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0191S3001

3rd reading • LANDEN

Adopted

Plain English: Adopted 3rd reading by LANDEN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0191SS001

Standing Committee • VON FLATER

Adopted

Plain English: Adopted Standing Committee by VON FLATER

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2009-03-12 LSO

    Assigned Chapter Number - 187

  2. 2009-03-12 Governor

    Governor Signed HEA No. 0112

  3. 2009-03-05 Senate

    S President Signed HEA No. 0112

  4. 2009-03-05 House

    H Speaker Signed HEA No. 0112

  5. 2009-03-04 LSO

    Assigned Number HEA No. 0112

  6. 2009-03-04 House

    H Did Concur

  7. 2009-03-03 House

    H Received for Concurrence

  8. 2009-03-03 Senate

    S Passed 3rd Reading

  9. 2009-03-03 Senate

    Amendment Adopted

  10. 2009-03-02 Senate

    S Passed 2nd Reading

  11. 2009-02-27 Senate

    S Passed CoW

  12. 2009-02-27 Senate

    S Amendments Adopted

  13. 2009-02-27 Senate

    Amendment Adopted

  14. 2009-02-26 Senate

    S Placed on General File

  15. 2009-02-26 Senate

    S08 Recommended Amend and Do Pass

  16. 2009-02-17 Senate

    S Introduced and Referred to S08

  17. 2009-02-13 Senate

    S Received for Introduction

  18. 2009-02-11 House

    H Passed 3rd Reading

  19. 2009-02-10 House

    H Passed 2nd Reading

  20. 2009-02-09 House

    H Passed CoW

  21. 2009-02-09 House

    H Amendments Adopted

  22. 2009-02-09 House

    Amendment Adopted

  23. 2009-02-04 House

    H Placed on General File

  24. 2009-02-04 House

    H08 Recommended Amend and Do Pass

  25. 2009-01-21 House

    H Introduced and Referred to H08

  26. 2009-01-16 House

    H Received for Introduction

  27. 2009-01-15 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0191
Drafter:

LGC

LSO No.:
09LSO-0326
Effective Date:

7/1/2009

Enrolled Act No.:
HEA0112

Chapter No.:
187

Prime Sponsor:
Representative
Cohee

Catch Title:
Motor
carrier transportation contracts.

Subject:
Declares
certain indemnification provisions in motor carrier transportation contract to
be unenforceable.

Summary/Major Elements:

The act declares unenforceable any provision in a motor carrier
contract or related access agreement that purports to indemnify, defend or hold
harmless the indemnitee from or against any loss or damage resulting from its
own negligence or intentional acts or omissions.

The act defines motor carrier transportation contract to include
a contract for the transportation of property for compensation, for entrance on
property for the purpose of loading, unloading or transporting property for
compensation or for service incidental to those activities. The definition
does not include railroads or uniform intermodal interchange and facilities
agreements or similar agreements. The uniform intermodal interchange
& facilities access agreement is a standard interchange contract developed
to promote intermodal productivity and operating efficiencies through the
development of uniform industry processes and procedures governing the
interchange of intermodal equipment between ocean carriers, railroads,
equipment leasing companies and intermodal trucking companies.

Note:

Final action on this bill was not taken at the time this summary
was prepared. Should changes be made to the bill upon final passage, an
updated summary will be transmitted to all legislators.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0191

ENROLLED ACT NO. 112, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
motor carrier transportation contracts; declaring
specified
indemnification provisions
unenforceable against negligent or intentional acts; providing a definition;

creating exception
s
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 40
‑
17
‑
102 is created to read:

40
‑
17
‑
102.

Motor carrier indemnity agreements void.

(a)

Notwithstanding any
other
provision of law, any provision, clause, covenant or agreement contained in a motor carrier transportation contract
or a related access agreement under which the motor carrier transporter enters on property for the purpose of loading, unloading or transporting property, to the extent that the contract
purports to indemnify, defend or hold harmless or has the effect of indemnifying, defending or holding harmless
the indemnitee
from or against any liability for loss or damage resulting from
its own
negligence or intentional acts or omissions is against the public policy of this state and is void and unenforceable. For purposes of this section, "motor carrier transportation contract" means a contract, agreement or understanding regarding:

(
i
)

The transportation of property for compensation or hire;

(
ii)

Entrance on property for the purpose of loading, unloading or transporting property for compensation or hire; or

(iii)

A service incidental to activity described in paragraphs (i)

and
(ii) of this subsection
.

(b)

Subsection (a) of this section shall not apply to a contract, subcontract or agreement that concerns or affects transportation involving a railroad.
As used in this section, "motor carrier transportation contract" shall not include the uniform intermodal interchange and facilities
access
agreement administered by the intermodal association of North America, or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment.

Section
2
.

This act is effective July 1, 200
9
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1