South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

A35, R36, S106

STATUS INFORMATION

General Bill
Sponsors: Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts, Elliott and Richardson
Document Path: l:\council\bills\swb\6184cm05.doc
Companion/Similar bill(s): 3030, 3173

Introduced in the Senate on January 11, 2005
Introduced in the House on February 9, 2005
Last Amended on February 8, 2005
Passed by the General Assembly on April 8, 2005
Became law without Governor's signature, April 19, 2005

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

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2004  Senate  Prefiled
  12/15/2004  Senate  Referred to Committee on Transportation
   1/11/2005  Senate  Introduced and read first time SJ-136
   1/11/2005  Senate  Referred to Committee on Transportation SJ-136
    2/2/2005  Senate  Committee report: Favorable with amendment 
                        Transportation SJ-25
    2/3/2005  Senate  Amended SJ-12
    2/3/2005  Senate  Read second time SJ-12
    2/4/2005          Scrivener's error corrected
    2/8/2005  Senate  Amended SJ-24
    2/8/2005  Senate  Read third time and sent to House SJ-24
    2/9/2005  House   Introduced and read first time HJ-9
    2/9/2005  House   Referred to Committee on Judiciary HJ-10
    4/6/2005  House   Committee report: Favorable Judiciary HJ-37
    4/7/2005  House   Read second time HJ-12
    4/7/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-13
    4/8/2005  House   Read third time and enrolled HJ-2
   4/12/2005          Ratified R 36
   4/19/2005          Became law without Governor's signature
   4/21/2005          Copies available
   4/21/2005          Effective date 04/19/05
   4/25/2005          Act No. 35

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/15/2004
2/2/2005
2/3/2005
2/4/2005
2/8/2005
4/6/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A35, R36, S106)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT CONTAINED IN, COLLATERAL TO, OR 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, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", TO PROVIDE THAT THIS SECTION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A "MOTOR CARRIER TRANSPORTATION CONTRACT" SHALL NOT INCLUDE THE UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT ADMINISTERED BY THE INTERMODAL ASSOCIATION OF NORTH AMERICA.

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

Motor carrier transportation contracts

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

"Section 58-23-110.    (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, or any agents, employees, servants, or independent contractors who are directly responsible to the contract's promisee, is against the public policy of this State and is unenforceable.

(B)    As used in this section 'motor carrier transportation contract' means a contract, agreement, or understanding covering:

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

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

(3)    a service incidental to activity described in items (1) or (2) including, but not limited to, storage of property.

(C)    Nothing contained in this section affects a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the contract's promisee against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier, its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.

(D)    Notwithstanding the other provisions contained in this section, a 'motor carrier transportation contract' shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 12th day of April, 2005.

Became law without the signature of the Governor -- 4/19/05.

__________


This web page was last updated on Friday, December 4, 2009 at 3:26 P.M.