SLS 20RS-872 ORIGINAL
2020 Regular Session
SENATE BILL NO. 491
BY SENATOR HEWITT
LIABILITY. Limits liability of persons who provide relief or recovery equipment or
services during a declared state emergency. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 29:735.1(A) and to enact R.S. 29:735.2, to provide for limitation
3 of liability for rendering disaster relief or recovery equipment or services during a
4 declared state of emergency; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 29:735.1(A) is hereby amended and reenacted and R.S. 29:735.2 is
7 hereby enacted to read as follows:
8 §735.3.1. Immunity for volunteers
9 A. During a declared state of emergency, any natural or juridical person, who
10 gratuitously and voluntarily renders any disaster relief or recovery services in
11 coordination with the state or its political subdivisions including but not limited to
12 making masks, and homemade sanitizer shall not be liable to the recipient thereof
13 for any injury or death to a person or any damage to property resulting therefrom,
14 except in the event of gross negligence or willful misconduct.
15 * * *
16 §735.3.2. Immunity for emergency efforts
17 During a declared state of emergency, any natural or juridical person,
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 491
SLS 20RS-872 ORIGINAL
1 who renders disaster relief or recovery equipment or services in coordination
2 with the federal government, the state, or its political subdivisions shall not be
3 liable to the recipient thereof for any injury or death to a person or any damage
4 to property resulting therefrom, except in the event of gross negligence or
5 willful misconduct.
6 Section 2. This Act shall become effective upon signature by the governor or, if not
7 signed by the governor, upon expiration of the time for bills to become law without signature
8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9 vetoed by the governor and subsequently approved by the legislature, this Act shall become
10 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 491 Original 2020 Regular Session Hewitt
Present law provides that during a declared state of emergency, any natural or juridical
person, who gratuitously and voluntarily renders any disaster relief or recovery services in
coordination with the state or its political subdivisions shall not be liable to the recipient
thereof for any injury or death to a person or any damage to property resulting therefrom,
except in the event of gross negligence or willful misconduct.
Proposed law provides that disaster relief and recovery services includes but it not limited
to making masks and homemade sanitizer. Otherwise retains present law.
Proposed law provides that during a declared state of emergency, any natural or juridical
person, who renders disaster relief or recovery equipment or services in coordination with
the federal government, the state, or its political subdivisions shall not be liable to the
recipient thereof for any injury or death to a person or any damage to property resulting
therefrom, except in the event of gross negligence or willful misconduct.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 29:735.1(A); adds R.S. 29:735.2)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.