South Carolina General Assembly
116th Session, 2005-2006

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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

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-58
   1/11/2005  House   Referred to Committee on Judiciary HJ-58
    2/9/2005  House   Member(s) request name added as sponsor: Whipper
   2/10/2005  House   Member(s) request name added as sponsor: Hagood

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 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:

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 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."

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

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