SLS 20RS-877 ORIGINAL
2020 Regular Session
SENATE BILL NO. 508
BY SENATOR MCMATH
LIABILITY. Limits liability for restaurants that provide food-to-go during a state declared
emergency. (gov sig)
1 AN ACT
2 To enact R.S. 37:1739, to limit the liability of restaurants during a declared state of
3 emergency; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 37:1739 is hereby enacted to read as follows:
6 ยง1739. Restaurants during declared state of emergency; limitation of liability
7 A. A restaurant which, in good faith and regardless of compensation,
8 provides food-to-go by drive-through during a declared state of emergency
9 when the state of emergency prohibits the congregation of persons within a
10 restaurant shall not be liable for any civil damages or injury as a result of any
11 act or omission related to donation or sale of food, unless the damages or injury
12 was caused by gross negligence or willful and wanton misconduct.
13 B. As used in this Section:
14 (1) "During a declared state of emergency" means during the period of
15 time set forth in a declaration of the governor in accordance with R.S. 29:724
16 and shall include the time period as set forth in the declaration and shall also
17 be retroactive to the precipitating event requiring the declaration.
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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. 508
SLS 20RS-877 ORIGINAL
1 (2) "Restaurant" means an eating establishment which gives or offers for
2 retail sale prepared food to the public within its premises.
3 Section 2. This Act shall become effective upon signature by the governor or, if not
4 signed by the governor, upon expiration of the time for bills to become law without signature
5 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
6 vetoed by the governor and subsequently approved by the legislature, this Act shall become
7 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 508 Original 2020 Regular Session McMath
Proposed law provides that a restaurant which, in good faith and regardless of compensation,
provides food-to-go by drive-through during a declared state of emergency when the state
of emergency prohibits the congregation of persons within a restaurant shall not be liable for
any civil damages or injury as a result of any act or omission related to donation or sale of
food, unless the damages or injury was caused by gross negligence or willful and wanton
misconduct.
Proposed law defines:
(1)"During a declared state of emergency" means during the period of time set forth in
a declaration of the governor in accordance with present law and shall include the
time period as set forth in the declaration and shall also be retroactive to the
precipitating event requiring the declaration.
(2)"Restaurant" means an eating establishment which gives or offers for retail sale
prepared food to the public within its premises.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 37:1739)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.