State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

338T0401   HOUSE BILL   NO.  1073  

Introduced by:    Representatives Gosch, Abdallah, Dennert, Fargen, Feinstein, Gibson, Hunt, Lust, Schrempp, Sly, Turbiville, Van Gerpen, Vanneman, Verchio, and Willadsen and Senators Johnston, Cutler, Fryslie, Hundstad, Krebs, Lederman, Olson (Russell), Putnam, Tieszen, and Vehle
 

        FOR AN ACT ENTITLED, An Act to prohibit certain indemnity provisions in motor carrier transportation contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. Terms used in this Act mean:
            (1)    "Affiliate," any employee or agent of a promisee, or any independent contractor who is directly responsible to a promisee other than a motor carrier that is a party to a motor carrier transportation contract with the promisee or an employee or agent of such motor carrier or an independent contractor directly responsible to such motor carrier;
            (2)    "Motor carrier transportation contract," a contract or agreement between a motor carrier and a promisee covering the transportation of property for hire by the motor carrier; the motor carrier's entrance on property for the purpose of loading, unloading, or transporting property for hire; or any service of the motor carrier that is incidental to these activities, including the storage of property;
            (3)    "Promisee," any person who enters into a motor carrier transportation contract with a motor carrier.
    Section 2. Notwithstanding any other law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may require the motor carrier to indemnify, hold harmless, or defend the promisee or affiliate, or have the effect of indemnifying, holding harmless, or defending the promisee or affiliate from or against any liability for loss or damage resulting from the negligence, intentional acts, or omissions of the promisee or affiliate. Any contract or agreement in violation of this Act is void and unenforceable.
    Section 3. This Act does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.