HLS 202ES-49 ENGROSSED
2020 Second Extraordinary Session
HOUSE BILL NO. 16
BY REPRESENTATIVE FRIEMAN
LIABILITY/PUBLIC: Provides relative to limitations of liability for public and non-public
schools and postsecondary education during public health emergencies (Items #1, 2,
3, 28, and 42)
1 AN ACT
2To amend and reenact R.S. 17:439.1 and 3392, relative to the applicability of certain
3 limitations of liability during public health emergencies; to provide for a limitation
4 of liability for causes of action related to COVID-19 and public health emergencies;
5 to provide relative to the liability of public, nonpublic, and charter schools, systems,
6 and governing boards under certain circumstances; to provide relative to the liability
7 of public and nonpublic postsecondary education systems and institutions; to provide
8 for an effective date; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 17:439.1 and 3392 are hereby amended and reenacted to read as
11follows:
12 §439.1. Immunity from claims or causes of action related to the COVID-19 public
13 health emergency
14 A. Notwithstanding any other provision of law to the contrary, public and
15 nonpublic schools, public and nonpublic school systems, public and nonpublic
16 school governing authorities, and charter school governing authorities, and the
17 officers, employees, and agents thereof shall not be held liable for any civil damages
18 for injury or death resulting from or related to actual or alleged exposure to COVID-
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1 19 or acts undertaken in the effort to respond or adapt to the COVID-19 public health
2 emergency.
3 B. There shall be no cause of action related to a person contracting COVID-
4 19 at a public or nonpublic school, other public or nonpublic school facility, on a
5 public or nonpublic school bus, or at a public or nonpublic school sponsored event,
6 which is based on the actions or failure to act by school officers, employees, or
7 agents in response to the COVID-19 public health emergency.
8 C. This Section shall not affect the right of any person to receive benefits
9 provided under the Louisiana Workers' Compensation Law.
10 D. The provisions of this Section shall be limited to claims related to the
11 COVID-19 public health emergency.
12 E.(1) Public and nonpublic schools, public and nonpublic school systems,
13 public or nonpublic school governing authorities, charter school governing
14 authorities, and the officers, employees, and agents thereof may not avail themselves
15 of the immunity provided by this Section if the action or failure to act was in
16 violation of a policy, rule, or regulation adopted by the public or nonpublic school,
17 public or nonpublic school system, public or nonpublic school governing authority,
18 or charter school governing authority or was in violation of any procedure mandated
19 by law or by rule or regulation adopted by a federal or state agency in accordance
20 with the Administrative Procedure Act, and such action or inaction is determined to
21 be grossly negligent or wanton or reckless misconduct.
22 (2) A public school governing authority shall not adopt a policy, rule, or
23 regulation that imposes a lesser standard than what is prescribed in a rule or
24 regulation adopted by the State Board of Elementary and Secondary Education in
25 accordance with the Administrative Procedure Act.
26 * * *
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HB NO. 16
1 §3392. Immunity from claims or causes of action related to the COVID-19 public
2 health emergency
3 A. Notwithstanding any other provision of law to the contrary, public and
4 nonpublic postsecondary education systems, public and nonpublic postsecondary
5 education institutions, and public and nonpublic postsecondary education
6 management boards, and the officers, employees, and agents thereof shall not be held
7 liable for any civil damages for injury or death resulting from or related to actual or
8 alleged exposure to COVID-19 or acts undertaken in the effort to respond or adapt
9 to the COVID-19 public health emergency.
10 B. There shall be no cause of action related to a person contracting COVID-
11 19 at a public or nonpublic postsecondary education institution, other public or
12 nonpublic postsecondary education facility, or at a public or nonpublic
13 postsecondary education institution sponsored event, which is based on the actions
14 or failure to act by the institution's officers, employees, or agents in response to the
15 COVID-19 public health emergency.
16 C. This Section shall not affect the right of any person to receive benefits
17 provided under the Louisiana Workers' Compensation Law.
18 D. The provisions of this Section shall be limited to claims related to the
19 COVID-19 public health emergency.
20 E. The public and nonpublic postsecondary education systems, public and
21 nonpublic postsecondary education institutions, and public and nonpublic
22 postsecondary education management boards, and the officers, employees, and
23 agents thereof may not avail themselves of the immunity provided for by this Section
24 if the action or failure to act was in violation of a policy, rule, or regulation adopted
25 by the public or nonpublic postsecondary education system, public or nonpublic
26 postsecondary education institution, or public or nonpublic postsecondary education
27 management board or was in violation of any procedure mandated by law or by rule
28 or regulation adopted by a federal or state agency in accordance with the
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1 Administrative Procedure Act, and such action or inaction is determined to be
2 grossly negligent or wanton or reckless misconduct.
3 Section 2. Due to the impact of COVID-19, this Act shall be retroactive to March
411, 2020.
5 Section 3. This Act shall become effective upon signature by the governor or, if not
6signed by the governor, upon expiration of the time for bills to become law without signature
7by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8vetoed by the governor and subsequently approved by the legislature, this Act shall become
9effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 16 Engrossed 2020 Second Extraordinary Session Frieman
Abstract: Provides for the applicability of limitations of liability for schools, school
systems, postsecondary education institutions, and postsecondary education
governing authorities relating to COVID-19.
Present law provides that all of the following are immune from civil liability for damages
resulting from exposure to COVID-19 or acts undertaken to respond to the COVID-19 public
health emergency.
(1)Public and nonpublic schools, school systems, and school governing authorities.
(2)Public and nonpublic postsecondary education systems, institutions, and
management boards.
(3)The officers, employees, and agents of any of the above.
Proposed law provides that the immunity for acts undertaken applies to acts undertaken to
respond to COVID-19 rather than those undertaken to respond to the COVID-19 public
health emergency. Otherwise retains present law.
Present law provides that present law is limited to claims related to the COVID-19 public
health emergency. Proposed law provides instead that present law and proposed law are
limited to claims related to COVID-19.
Present law provides that the immunity provided by present law does not apply to an action
if the action violated established laws, polices, rules, or regulations and if the action is
determined to be grossly negligent or wanton or reckless misconduct. Prohibits public
school governing authorities from adopting a policy, rule, or regulation that imposes a lesser
standard than a rule or regulation adopted by the State Bd. of Elementary and Secondary
Education.
Proposed law retains present law.
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HB NO. 16
Present law and proposed law are retroactive to March 11, 2020.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:439.1 and 3392)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Reinstate present law prohibition against a public school governing authority's
adoption of a policy, rule, or regulation that imposes a lesser standard than what
is prescribed in a rule or regulation adopted by BESE.
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