SLS 20RS-782 ENGROSSED
2020 Regular Session
SENATE BILL NO. 435
BY SENATORS ABRAHAM AND FOIL
LIABILITY. Provides relative to certain immunity from civil liability during state of
emergencies. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 29:735(A)(1), and to enact R.S. 29:773, relative to immunity
3 from civil liability; to provide relative to certain immunity by public entities and
4 persons from civil liability during disasters and emergencies; to provide relative to
5 the Louisiana Homeland Security and Emergency Assistance and Disaster Act; to
6 provide relative to limitation of liability during the COVID-19 public health
7 emergency; to provide certain terms and conditions; and to provide for related
8 matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 29:735(A)(1) is hereby amended and reenacted and R.S. 29:773 is
11 hereby enacted to read as follows:
12 §735. Immunity of personnel
13 A.(1) Neither the state nor any political subdivision thereof, nor other state
14 agencies, nor, except in case of willful misconduct, the agents' employees or
15 representatives of any of them engaged in any homeland security and emergency
16 preparedness and recovery activities, while complying with or attempting to comply
17 with this Chapter or any rule or regulation promulgated pursuant to the provisions
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 435
SLS 20RS-782 ENGROSSED
1 of this Chapter shall be liable for the death of or any injury to persons or damage to
2 property as a result of such activity.
3 * * *
4 §773. Limitation of liability during the COVID-19 public health emergency
5 A. Notwithstanding any other provision of law to the contrary, no person
6 or entity, including any local or state governmental entity or employee thereof,
7 shall be liable for damages or personal injury resulting from or related to an
8 actual or alleged exposure to COVID-19 in the course of or through such person
9 or entity's business services or while engaged in the performance of such person
10 or entity's duties, provided that the person or entity was relying on and
11 generally followed applicable government standards and guidance related to
12 COVID-19 exposure.
13 B. This provision shall not apply if damages resulted from or related to
14 the actual or alleged exposure to COVID-19 is shown by clear and convincing
15 evidence to be the result of gross negligence, willful misconduct, or intentional
16 criminal misconduct.
17 C. This provision shall not affect the right of any person to receive
18 benefits to which he would otherwise be entitled under the workers'
19 compensation law.
20 Section 2. This Act shall become effective upon signature by the governor
21 or, if not signed by the governor, upon expiration of the time for bills to become law
22 without signature by the governor, as provided by Article III, Section 18 of the
23 Constitution of Louisiana. If vetoed by the governor and subsequently approved by
24 the legislature, this Act shall become effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 435 Engrossed 2020 Regular Session Abraham
Present law provides for the La. Homeland Security and Emergency Assistance and Disaster
Act (Act).
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 435
SLS 20RS-782 ENGROSSED
Present law provides for certain powers of the state and political subdivisions during a
declared state of emergency.
Proposed law retains present law.
Present law provides for certain immunity from civil liability for actions taken under the Act
by state, political subdivisions, other agencies, agents, employees or representatives of any
of them.
Proposed law provides such immunity for action taken under the Act by the state, political
subdivision, other state agencies or employees or representatives of any of them.
Proposed law provides that notwithstanding any other provision of present law to the
contrary, no person or entity, including any local or state governmental entity or employee
thereof, shall be liable for damages or personal injury resulting from or related to an actual
or alleged exposure to COVID-19 in the course of or through such person or entity's business
services or while engaged in the performance of such person or entity's duties, provided that
the person or entity was relying on and generally followed applicable government standards
and guidance related to COVID-19 exposure.
Proposed law provides that the limitation of liability shall not apply to any damages which
resulted from or are related to the actual or alleged exposure to COVID-19 which is shown
by clear and convincing evidence to be the result of gross negligence, willful misconduct,
or intentional criminal misconduct.
Proposed law provides that the right of any person to receive benefits to which he would
otherwise be entitled under the workers' compensation law shall not be affected.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 29:735(A)(1), adds R.S. 29:773)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Provides that notwithstanding any other provision of present law to the
contrary, no person or entity, including any local or state governmental entity
or employee thereof, shall be liable for damages or personal injury resulting
from or related to an actual or alleged exposure to COVID-19 in the course
of or through such person or entity's business services or while engaged in
the performance of such person or entity's duties, provided that the person or
entity was relying on and generally followed applicable government
standards and guidance related to COVID-19 exposure.
2. Provides that the limitation of liability shall not apply to any damages which
resulted from or are related to the actual or alleged exposure to COVID-19
which is shown by clear and convincing evidence to be the result of gross
negligence, willful misconduct, or intentional criminal misconduct.
3. Provides that the right of any person to receive benefits to which he would
otherwise be entitled under the workers' compensation law shall not be
affected.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.