The original instrument was prepared by Jerry Guillot and the following digest,
which constitutes no part of the legislative instrument, was prepared by Margaret M.
Corley.
DIGEST
SB 491 Engrossed 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 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. 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.
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.