SLS 20RS-876 REENGROSSED
2020 Regular Session
SENATE BILL NO. 489
BY SENATOR MCMATH
LIABILITY. Provides relative to limitation of liability of governmental entities which
require its employees to work during a declared state of emergency. (gov sig)
1 AN ACT
2 To enact R.S. 29:773, to limit the liability of governmental entities which require employees
3 to work during a declared state of emergency; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 29:773 is hereby enacted to read as follows:
6 ยง773. Limitation of liability; governmental entities during the COVID-19 public
7 health emergency; limitation of liability
8 A. A governmental entity which is in substantial compliance with
9 Proclamation Number 25 JBE 2020 and any subsequent related proclamations
10 and associated guidelines issued by the Centers for Disease Control and
11 Prevention, shall not have civil liability for injury or death due to COVID-19
12 infection transmitted through an alleged exposure occurring on its premises or
13 through the services provided by the governmental entity during the COVID-19
14 public health emergency as declared by Proclamation Number 25 JBE 2020,
15 unless the injury or death was caused by gross negligence or willful and wanton
16 misconduct.
17 B. For the purpose of this Section, "governmental entity" means the
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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. 489
SLS 20RS-876 REENGROSSED
1 state, all agencies, boards, committees, or commissions of the executive,
2 legislative, or judicial branches of state government, and any political
3 subdivision which employs the public employee or employed the former public
4 employee.
5 Section 2. Due to the imminent threat posed by COVID-19 as provided in
6 Proclamation Number 25 JBE 2020 and any subsequent related proclamations, declaring the
7 existence of a statewide public health emergency, Section 1 of this Act shall be retroactive
8 to March 11, 2020.
9 Section 3. This Act shall become effective upon signature by the governor or, if not
10 signed by the governor, upon expiration of the time for bills to become law without signature
11 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12 vetoed by the governor and subsequently approved by the legislature, this Act shall become
13 effective on the day following such approval.
The original instrument was prepared by Jerry J. Guillot and the following
digest, which constitutes no part of the legislative instrument, was prepared
by Michelle D. Ridge.
DIGEST
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 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 the governor or lapse of time for gubernatorial action.
(Adds R.S. 29:773)
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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. 489
SLS 20RS-876 REENGROSSED
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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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.