SLS 20RS-872 REENGROSSED
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. 29:735.3.1(A) and to enact R.S. 29:735.3.2, to provide for
3 limitation of liability for rendering disaster relief, recovery services, or products
4 during a declared state of emergency; to provide certain terms, conditions, and
5 requirements; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 29:735.3.1(A) is hereby amended and reenacted and R.S. 29:735.3.2
8 is hereby enacted to read as follows:
9 §735.3.1. Immunity for volunteers
10 A. During a declared state of emergency, any natural or juridical person, who
11 gratuitously and voluntarily renders any disaster relief or, recovery services, or
12 products in coordination with the state or its political subdivisions shall not be liable
13 to the recipient thereof for an injury or death to a person or any damage to property
14 resulting therefrom, 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,
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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. 491
SLS 20RS-872 REENGROSSED
1 who renders disaster relief, recovery services, or products outside of the typical
2 course and scope of their operations in coordination with the federal
3 government, the state, or its political subdivisions shall not be liable to the
4 recipient thereof for any injury or death to a person or any damage to property
5 resulting therefrom, except in the event of gross negligence or willful
6 misconduct.
7 Section 2. Due to the imminent threat posed by COVID-19 as provided in
8 Proclamation Number 25 JBE 2020 and any subsequent proclamation, declaring the
9 existence of a statewide public health emergency, Section 1 of this Act shall be retroactive
10 to March 11, 2020.
11 Section 3. This Act shall become effective upon signature by the governor or, if not
12 signed by the governor, upon expiration of the time for bills to become law without signature
13 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
14 vetoed by the governor and subsequently approved by the legislature, this Act shall become
15 effective on the day following such approval.
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Brandi Cannon.
DIGEST
SB 491 Reengrossed 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 expands the scope of present law to provide that, during a declared state of
emergency, any natural or juridical person, who gratuitously and voluntarily renders disaster
relief, recovery services, or products 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, during a declared state of emergency, any natural or juridical
person, who renders disaster relief, recovery services, or products outside of the typical
course and scope of their operations 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.
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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. 491
SLS 20RS-872 REENGROSSED
Proposed law provides that due to the imminent threat posed by COVID-19 as provided in
Proclamation Number 25 JBE 2020 and any subsequent proclamation, 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.
(Amends R.S. 29:735.3.1(A); adds R.S. 29:735.3.2)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Provides for technical corrections.
2. Provides that disaster relief and recovery services includes but is not limited
to the manufacturing, distribution, donation, or use of hand sanitizers,
disinfecting productions, protective clothing, helmets, gloves, face shields,
goggles, face masks, respirators, or other equipment designed in accordance
with government standards to protect the wearer from injury or the spread of
infection or illness.
3. Provides that due to the imminent threat posed by COVID-19 as provided in
Proclamation Number 25 JBE 2020 and any subsequent proclamation,
declaring the existence of a statewide public health emergency, proposed law
shall be retroactive to March 11, 2020.
Senate Floor Amendments to engrossed bill
1. Provides that the limitation of liability applies to any volunteer or other
person who renders any product in coordination with the government during
a declared state of emergency.
2. Provides for limited liability for any persons who render disaster relief,
recovery services, or products outside of the typical course and scope of their
operations in coordination with the government during a declared state of
emergency.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.