The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Margaret M. Corley.
CONFERENCE COMMITTEE REP ORT DIGEST
SB 435 2020 Regular Session Abraham
Keyword and summary of the bill as proposed by the Conference Committee
LIABILITY Provides relative to certain immunity from civil liability during state of emergencies.
(gov sig)
Report adopts House amendments to:
1. Make technical changes.
2. Removes "clear and convincing" as the threshold for evidence proving damages resulting
from or related to COVID-19.
Report amends the bill to:
1. Provide relative to covered parties.
2. Provide that if two or more sources of procedures are applicable to the business operations
at the time of the actual or alleged exposure, the person, government, or political subdivision
shall substantially comply with any one applicable set of procedures.
Digest of the bill as proposed by the Conference Committee
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 if two or more sources of procedures are applicable to the business
operations at the time of the actual or alleged exposure, the person, government, or political
subdivision shall substantially comply with any one applicable set of procedures.
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 are shown by the 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)