RÉSUMÉ DIGEST
ACT 362 (SB 435) 2020 Regular Session Abraham
Prior law provided for the La. Homeland Security and Emergency Assistance and Disaster
Act (Act).
Prior law provided for certain powers of the state and political subdivisions during a declared
state of emergency.
New law retains prior law.
Prior law provided 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.
New 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.
New law provides that notwithstanding any other provision of prior 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.
New 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.
New 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.
New 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 (June 12, 2020).
(Amends R.S. 29:735(A)(1); adds R.S. 29:773)