RDCSB489 4143 2615
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)]
SB 489 Reengrossed 2020 Regular Session McMath
Proposed law provides that a governmental entity which is in substantial compliance with
Proclamation Number 25 JBE 2020 and any subsequent related proclamations and associated
guidelines issued by the Centers for Disease Control and Prevention, shall not have civil
liability for injury or death due to COVID-19 infection transmitted through an alleged
exposure occurring on its premises or through the services provided by the governmental
entity during the COVID-19 public health emergency as declared by Proclamation Number
25 JBE 2020, unless the injury or death was caused by gross negligence or willful and
wanton misconduct.
Proposed law provides that employees shall have no remedy in tort against their employer
for exposure to COVID-19 whether or not La. Workers' Compensation Law is applicable,
unless caused by an intentional act.
Proposed law defines a "governmental entity" as the state, all agencies, boards, committees,
or commissions of the executive, legislative, or judicial branches of state government, and
any political subdivision which employs the public employee or employed the former public
employee.
Proposed law provides that due to the imminent threat posed by COVID-19 as provided in
Proclamation Number 25 JBE 2020 and any subsequent related proclamations, declaring the
existence of a statewide public health emergency, proposed law shall be retroactive to March
11, 2020.
Effective upon signature of governor or lapse of time for gubernatorial action.
(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 a governmental entity which is in substantial compliance with
Proclamation Number 25 JBE 2020 and any subsequent related
proclamations and associated guidelines issued by the Center for Disease
Control, shall not have civil liability for injury or death due to COVID-19
infection transmitted through an alleged exposure occurring on its premises
or through the services provided by the governmental entity during the
COVID-19 public health emergency as declared by Proclamation Number 25
JBE 2020, unless the injury or death was caused by gross negligence or
willful and wanton misconduct.
2. Provides that due to the imminent threat posed by COVID-19 as provided in
Proclamation Number 25 JBE 2020 and any subsequent related
proclamations, declaring the existence of a statewide public health
emergency, proposed law shall be retroactive to March 11, 2020.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes technical correction.
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Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Provide relative to application of proposed law to workers' compensation claims.
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