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.
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.