Louisiana House Bill HB58

Louisiana 2020 1st Special Session

• Introduced: 6/9/20
• Refer: 6/17/20

Caption

Provides relative to limitations of liability due to the COVID-19 public health emergency (Item #40)

Impact

The enactment of HB58 will offer vital legal protections for nonprofit organizations and religious institutions, shielding them from potential lawsuits related to COVID-19 exposure. This immunity is crucial for sustaining operations and hosting events amidst ongoing health concerns, ensuring that these entities can continue to serve their communities without the fear of crippling legal repercussions. Furthermore, the bill retroactively applies to incidents occurring since March 11, 2020, providing clarity and continuity for organizations navigating the aftermath of the health crisis.

Summary

House Bill 58 (HB58) aims to provide immunity from civil liability for nonprofit organizations and religious institutions during the COVID-19 public health emergency. The bill specifies that these entities will not be held liable for injuries or deaths resulting from exposure to COVID-19 unless there is evidence of gross negligence or willful misconduct. This legislation is a response to the unique challenges posed by the pandemic, specifically targeting the operational realities for nonprofits and religious establishments that have been significantly impacted during this time.

Sentiment

Responses to the bill are mixed, although there tends to be significant support for the protections it offers. Many lawmakers and stakeholders in the nonprofit sector argue that these measures are necessary to sustain vital community services in a time of crisis. However, there may also be concerns from critics who question whether these protections could inadvertently enable poor safety practices by exempting organizations from accountability, potentially jeopardizing the health and safety of the public during future events.

Contention

Notable points of contention surrounding HB58 revolve around the balance between protecting nonprofit organizations and ensuring public health and safety. Advocates argue that without such protections, many nonprofits could face bankruptcy due to the risk of litigation arising from COVID-19 claims. Conversely, critics may express fears that the bill could encourage negligence, as organizations may feel less incentivized to follow strict health protocols knowing they are indemnified against potential lawsuits. This debate highlights the imperative of crafting legislation that addresses both the immediate needs of the nonprofit sector while safeguarding public health interests.