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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 826 2020 Regular Session Pressly
Keyword and oneliner of the instrument as it left the House
LIABILITY: Provides relative to the limitations of liability due to the COVID-19 public health
emergency
Report adopts Senate amendments to:
1. Remove provisions relative to liability associated with the use of real estate, the performance
of a contract with the state, assistance or advice provided to the state, and gratuitous
emergency care.
2. Add a provision limiting liability associated with hosting or organizing a tradeshow,
convention, meeting, event, or exhibition.
Report rejects Senate amendments to:
1. Make provisions relative to the limitation of liability for business operations and event hosts
and organizers retroactive to March 11, 2020.
Report amends the bill to:
1. Make provisions relative to the limitation of liability for business operations, event hosts and
organizers, and the manufacture, distribution, and use of personal protective equipment
retroactive to March 11, 2020.
Digest of the bill as proposed by the Conference Committee
Proposed law provides that no person or local or state government or political subdivision thereof
shall be liable for civil damages for injury or death resulting from exposure to COVID-19 in the
course of or through the performance of a person's business operations unless it is proven that the
person, government, or political subdivision was not in substantial compliance with applicable
COVID-19 procedures, and unless such damage was caused by gross negligence or willful or wanton
misconduct. Proposed law provides that no person, local or state government or political subdivision thereof,
business event strategist, association meeting planner, corporate meeting planner, independent trade
show organizer or owner, or other entity shall be liable for civil damages for injury or death resulting
from exposure to COVID-19 in the course of or through the performance of hosting, promoting,
producing, or otherwise organizing, planning, or owning a trade show, convention, meeting,
association produced event, corporate event, sporting event, or exhibition of any kind, unless such
damage was caused by gross negligence or willful or wanton misconduct.
Proposed law provides that during the public health emergency declared during the outbreak of
COVID-19, no designers, manufacturers, labelers, or distributors of personal protective equipment
shall be liable for civil damages for injury cased by personal protective equipment unless such
damages were caused by gross negligence or willful or wanton misconduct.
Proposed law further provides that during the COVID-19 public health emergency, no person who
uses, dispenses, or administers personal protective equipment shall be liable for civil damages for
injury related to the personal protective equipment unless the person was not in substantial
compliance with applicable COVID-19 procedures and unless such damage was caused by gross
negligence or wanton and reckless misconduct.
Proposed law provides that when two or more sets of COVID-19 procedures apply to a business
operation or to the use, dispensing, or administering of personal protective equipment, the
responsible party need only substantially comply with one applicable set of procedures.
Proposed law provides that employees not covered by Worker's Compensation shall have no remedy
in tort against their employer for exposure to COVID-19 unless caused by an intentional act.
Proposed law is retroactive to March 11, 2020.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 9:2800.25 and R.S. 29:773)