NOTE: The governor signed this measure on 3/24/2014.
      
      
      HOUSE BILL 14-1065
      
      
      BY REPRESENTATIVE(S) Moreno, Priola, Fields, Labuda, Salazar,
      Schafer;
      also SENATOR(S) Hodge, Steadman, Tochtrop, Guzman, Heath, Herpin,
      Kefalas, Rivera, Todd.
      
      
      Concerning limits on indemnification provisions in motor carrier
           transportation contracts.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-7-103, add (16) as
      follows:
      
           42-7-103.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (16) (a)  "Transportation contract" means a contract,
      agreement, or understanding, whether written or oral, express
      or implied, between a motor carrier and another party regarding:
      
           (I)  The transportation of property by motor vehicle for
      compensation or hire;
      
           (II)  Entrance on property for the purpose of loading,
      unloading, or transporting property by motor vehicle for
      compensation or hire; or
      
           (III)  Access or services incidental or related to an activity
      described in subparagraph (I) or (II) of this paragraph (a).
      
           (b)  "Transportation contract" does not include:
      
           (I)  A contract, subcontract, or agreement that concerns
      or affects transportation involving a railroad;
      
           (II)  The uniform intermodal interchange and facilities
      access agreement administered by the intermodal association of
      North America; or
      
           (III)  Any other agreement providing for the interchange,
      use, or possession of an intermodal chassis or container or other
      intermodal equipment.
      
           SECTION 2.  In Colorado Revised Statutes, add 42-7-505.5 as
      follows:
      
           42-7-505.5.  Motor carrier indemnity agreements void - choice
      of law for transportation contracts. (1)  Notwithstanding any other
      provision of law, if any provision of a transportation 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, then, to that
      extent, the provision is hereby declared contrary to public policy
      and is therefore void.
      
           (2)  Notwithstanding any contractual provision to the
      contrary, the laws of the state of Colorado apply to every
      transportation contract executed or renewed, or under which
      services are performed, within the state of Colorado.
      
           SECTION 3.  Effective date - applicability. This act takes effect
      on passage and applies to contracts executed or renewed on or after the
      effective date of this act.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO