2020 Regular Session ENROLLED
SENATE BILL NO. 508
BY SENATOR MCMATH AND REPRESENTATI VE EDMONDS
1 AN ACT
2 To enact R.S. 29:773, to limit the liability of restaurants during a declared state of
3 emergency; to provide certain terms, conditions, and definitions; to provide relative
4 to claims pursuant to the Louisiana Workers' Compensation Law; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 29:773 is hereby enacted to read as follows:
8 ยง773. Restaurants during declared state of emergency; limitation of liability
9 A. No owner, operator, employee, contractor, or agent of a restaurant
10 which is in substantial compliance with Proclamation Number 25 JBE 2020 and
11 any subsequent related proclamations and applicable COVID-19 procedures
12 established by a federal, state, or local agency, shall have civil liability for injury
13 or death due to COVID-19 infection transmitted through the preparation and
14 serving of food and beverage products by the restaurant during the COVID-19
15 public health emergency as declared by Proclamation Number 25 JBE 2020,
16 unless the injury or death was caused by gross negligence or wilful and wanton
17 misconduct. If two or more sources of procedures are applicable to the
18 restaurant operations at the time of the actual or alleged exposure, the owner,
19 operator, employee, contractor, or agent of a restaurant shall substantially
20 comply with any one applicable set of procedures.
21 B. The provisions of this Section shall include the serving of the prepared
22 food and beverage products by dine-in, takeout, drive-through, or delivery
23 throughout the duration of the COVID-19 public health emergency.
ACT No. 305
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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 ENROLLED
1 C. Notwithstanding the provisions of Subsection A of this Section, an
2 employee shall retain the rights and remedies granted under the Louisiana
3 Workers' Compensation Law.
4 D. "Restaurant" means an eating establishment which gives or offers for
5 retail sale prepared food to the public within its premises.
6 Section 2. Due to the imminent threat posed by COVID-19 as provided in
7 Proclamation Number 25 JBE 2020 and any subsequent proclamation, declaring the
8 existence of a statewide public health emergency, Section 1 of this Act shall be retroactive
9 to March 11, 2020.
10 Section 3. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.