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).
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.