| Passed by the Senate February 13, 2010 YEAS 46 ________________________________________ President of the Senate Passed by the House February 28, 2010 YEAS 96 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6674 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/03/10.
AN ACT Relating to agreements to indemnify against liability for negligence involving motor carriers; and amending RCW 4.24.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 4.24.115 and 1986 c 305 s 601 are each amended to read
as follows:
(1) A covenant, promise, agreement or understanding in, or in
connection with or collateral to, a contract or agreement relative to
the construction, alteration, repair, addition to, subtraction from,
improvement to, or maintenance of, any building, highway, road,
railroad, excavation, or other structure, project, development, or
improvement attached to real estate, including moving and demolition in
connection therewith, or a motor carrier transportation contract,
purporting to indemnify against liability for damages arising out of
bodily injury to persons or damage to property:
(((1))) (a) Caused by or resulting from the sole negligence of the
indemnitee, his agents or employees is against public policy and is
void and unenforceable;
(((2))) (b) Caused by or resulting from the concurrent negligence
of (((a))) (i) the indemnitee or the indemnitee's agents or employees,
and (((b))) (ii) the indemnitor or the indemnitor's agents or
employees, is valid and enforceable only to the extent of the
indemnitor's negligence and only if the agreement specifically and
expressly provides therefor, and may waive the indemnitor's immunity
under industrial insurance, Title 51 RCW, only if the agreement
specifically and expressly provides therefor and the waiver was
mutually negotiated by the parties. This subsection applies to
agreements entered into after June 11, 1986.
(2) As used in this section, a "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 (a) or (b)
of this subsection, including, but not limited to, storage of property,
moving equipment or trailers, loading or unloading, or monitoring
loading or unloading. "Motor carrier transportation contract" shall
not include agreements providing for the interchange, use, or
possession of intermodal chassis, containers, or other intermodal
equipment.