SLS 20RS-877 ENGROSSED
2020 Regular Session
SENATE BILL NO. 508
BY SENATOR MCMATH
LIABILITY. Limits liability for restaurants that provide food-to-go during the COVID-19
public health 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; to provide certain terms, conditions, and definitions; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 37:1739 is hereby enacted to read as follows:
7 ยง1739. Restaurants during declared state of emergency; limitation of liability
8 A. No owner, operator, employee, contractor, or agent of a restaurant
9 which is in substantial compliance with 20 Proclamation JBE 2020-25 and any
10 subsequent related proclamations and associated guidance issued by the Center
11 for Disease Control, shall have civil liability for injury or death due to
12 coronavirus infection transmitted through the preparation and serving of food
13 and beverage products by the restaurant during the COVID-19 public health
14 emergency as declared by proclamation JBE 2020-25, absent clear and
15 convincing evidence of gross negligence, willful and wanton misconduct, or
16 violation of a public health emergency proclamation or order issued by the state
17 or a political subdivision.
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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 ENGROSSED
1 B. The provisions of this Section shall include the serving of the prepared
2 food and beverage products by takeout, drive-through, or delivery throughout
3 the duration of such emergency and shall also be retroactive to the precipitating
4 event requiring the declaration.
5 C. "Restaurant" means an eating establishment which gives or offers for
6 retail sale prepared food to the public within its premises.
7 Section 2. This Act shall become effective upon signature by the governor or, if not
8 signed by the governor, upon expiration of the time for bills to become law without signature
9 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
10 vetoed by the governor and subsequently approved by the legislature, this Act shall become
11 effective on the day following such approval.
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 508 Engrossed 2020 Regular Session McMath
Proposed law provides that no owner, operator, employee, contractor, or agent of a
restaurant which is in substantial compliance with 20 Proclamation JBE 2020-25 and any
subsequent related proclamations and associated guidance issued by the Centers for Disease
Control, shall have civil liability for injury or death due to coronavirus infection transmitted
through the preparation and serving of food and beverage products by the restaurant during
the COVID-19 public health emergency as declared by proclamation JBE 2020-25, absent
clear and convincing evidence of gross negligence, willful and wanton misconduct, or
violation of a public health emergency proclamation or order issued by the state or a political
subdivision.
Proposed law further provides that the provisions of proposed law shall
include the serving of the prepared food and beverage products by takeout, drive-through,
or delivery throughout the duration of such emergency and shall also be retroactive to the
precipitating event requiring the declaration of a public health emergency.
Proposed law defines "restaurant" to mean 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Provides for technical changes.
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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 ENGROSSED
2. Provides that no owner, operator, employee, contractor, or agent of a
restaurant which is in substantial compliance with 20 Proclamation JBE
2020-25 and any subsequent related proclamations and associated guidance
issued by the Centers for Disease Control, shall have civil liability for injury
or death due to coronavirus infection transmitted through the preparation and
serving of food and beverage products by the restaurant during the COVID-
19 public health emergency as declared by proclamation JBE 2020-
25, absent clear and convincing evidence of gross negligence, willful and
wanton misconduct, or violation of a public health emergency proclamation
or order issued by the state or a political subdivision.
3. Provides that the provisions of proposed law shall include the serving of the
prepared food and beverage products by takeout, drive-through, or delivery
throughout the duration of such emergency and shall also be retroactive to
the precipitating event requiring the declaration of a public health
emergency.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.